Karl Rothenbücher

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Karl Rothenbücher (born August 1, 1880 in Augsburg , † October 14, 1932 in Munich ) was a German lawyer .

Rothenbücher was a professor of canon and constitutional law as well as sociology at the Ludwig Maximilians University in Munich , who developed the separation of church and state , the limits of Article 48 and the right to freedom of expression in the Weimar Constitution through legal doctrine.

Life and career

Rothenbücher came from a family of foresters and farmers from the Spessart . He first attended a grammar school in Augsburg and then graduated from the Wilhelmsgymnasium in Munich in 1898 . He studied law in Munich and Berlin. In 1905 he passed the 2nd state examination in Munich. In 1906 he received his doctorate from the legal historian Karl von Amira with the text "History of the contract for work under German law" in Munich. He completed his habilitation in 1908 with the work “The Separation of State and Career”. He stayed at the LMU: from 1908 to 1910 he was a private lecturer, from 1910 to 1912 associate professor, from 1912 until his death full professor of church and constitutional law . From 1927 also for sociology.

In 1911 he married Berta Eysser (1885–1943) in Munich. The two had two sons and a daughter.

From 1917 Rothenbücher did military service, most recently in the political department of the Bucharest High Command .

Act

During the Munich Soviet Republic in 1919, Rothenbücher was appointed head of the “Action Committee for the Reorganization of the University”, in which non-ordinaries, including students, had a large majority of votes over the ordinaries. Rothenbücher was a friend of the Weimar Republic .

In 1924 his sensational brochure "Der Fall Kahr" was published, in which Rothenbücher accused the regional president of Upper Bavaria, Gustav von Kahr, of high treason because of his participation in the so-called Hitler putsch in November 1923. In addition to Kahr, Rothenbücher also accused Otto von Lossow and Hans von Seißer .

His presentation on the right to freedom of expression at the Munich constitutional law teachers conference in 1927 was of fundamental importance for the legal dogmatics of the concept of opinion. In interpreting Art. 118 of the Weimar Constitution (WRV), Rothenbücher was the first lawyer to develop a special freedom of expression for university lecturers as part of their research. Carl Schmitt received Rothenbücher's concept of opinion.

Rothenbücher is to be assigned to legal positivism . In the last years of his life he dealt with questions of legal sociology . The teaching assignment associated with his professorship was expanded in 1927 to include the field of "social theory". His work “Legal Sociology” remained unfinished and only exists in fragments in the estate. Possible influences from Max Weber's work have not yet been researched, whether Rothenbücher was friends with Max Weber during his time in Munich.

From 1926 to 1932 Rothenbücher was co-editor of the journal for public law .

After Michael Behrendt's account of the Munich student riots of 1931 against Hans Nawiasky , Rothenbücher also accused him of having the necessary objectivity towards the student Hosed, Nawiasky and others. a. called "Saujuden" miss.

In 1932, Rothenbücher demanded in lectures and newspaper articles an exact definition of the limits of the emergency ordinance law under the Weimar Constitution .

In 1933 , Hans Frank proposed to the Dean of the Faculty of Law, Wilhelm Kisch , and others to fill the Rothenbüchers chair and other chairs . a. Otto Koellreutter and Carl Schmitt.

The estate Roth Bucher is from the Max Planck Institute for European Legal History in Frankfurt kept since 1999 as a permanent loan. In addition to his publications, the estate includes the entire inventory of working materials, manuscripts, letters, certificates and photos by Rothenbüchers.

Fonts (selection)

  • History of the contract for work and services under German law (series: Studies on German State and Legal History, Volume 87), Breslau: Marcus, 1906, 133 pages.
  • The separation of state and church , Munich: Beck 1908, 478 pages.
  • State and Church in the New Germany , Berlin: Springer, 1919, 16 pages.
  • The dispute between Bavaria and the Reich over Article 48 RV. and the obligation of the 7th Division in autumn 1923, in: Archives of Public Law , Vol. 46 (NF 7), No. 1 (1924), pp. 71-86.
  • The Kahr case (series: Law and State in Past and Present, Volume 29), Tübingen: Mohr 1924, 46 pages.
  • The Bavarian Concordats of 1924, in: Archives of Public Law NF 8.1925 = 47.1925, pp. 324–340.
  • On the essence of the historical and the social structures , Tübingen: Mohr 1926, 140 pages.
  • The right to freedom of expression; in: Publications of the Association of German Constitutional Law Teachers; Volume 4 , Berlin: deGruyter 1928, pp. 6-43.

Web links

  • Otto, Martin, "Rothenbücher, Karl"; in: Neue Deutsche Biographie 22 (2005) online version, pp. 120–121 .

Individual evidence

  1. ↑ Annual report on the K. Wilhelms-Gymnasium in Munich 1897/98.
  2. ↑ Kürschner's German Scholars Calendar 1928/29, edited by Gerhard Lüdtke. Third edition. Berlin and Leipzig: deGruyter 1929, p. 1974.
  3. ↑ a b c d e f g Otto, Martin, "Rothenbücher, Karl"; in: Neue Deutsche Biographie 22 (2005) online version, pp. 120–121 .
  4. ↑ Historisches Lexikon Bayern, article on the Hitler-Ludendorff trial .
  5. ^ The Constitution of the German Empire as last amended on December 17, 1932 - clearly structured text with references to changes in the law, decrees, etc.
  6. ^ Carl Schmitt: Verfassungslehre , Munich and Leipzig: Duncker & Humblot 1928, pp. 35, 167 f.
  7. ^ Michael Behrendt: Hans Nawiasky and the Munich student riots of 1931 , in: The University of Munich in the Third Reich. Essays. Part I , ed. by Elisabeth Kraus, Munich: Herbert Utz Verlag 2006, pp. 22-25.
  8. ^ Susanne Adlberger: The Law Faculty of the LMU and the Academy for German Law; in: The University of Munich in the Third Reich. Essays. Part I , ed. by Elisabeth Kraus, Munich: Herbert Utz Verlag 2006, p. 413.
  9. ↑ Description of the Rothenbuch estate by the MPI library.
personal data
SURNAME Rothenbücher, Karl
BRIEF DESCRIPTION German lawyer and professor for canon and constitutional law at the LMU
DATE OF BIRTH August 1, 1880
PLACE OF BIRTH augsburg
DATE OF DEATH October 14, 1932
Place of death Munich