Ludwig Ebermayer

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Ludwig Ebermayer, 1921, painting by Anton Klamroth

Ludwig Friedrich Peter Ebermayer (born April 15, 1858 in Nördlingen , † June 30, 1933 in Leipzig ) was a lawyer , Reich judge , and senior Reich attorney .

Life

Ebermayer was the son of a Protestant dean . After his father's death, his mother moved with him to Schweinfurt. There he passed the Abitur in 1875. In Würzburg he began to study classical philology, which he broke off after one semester. After studying law in Würzburg and Munich , he passed the first legal exam in 1879 and the second in 1882.

Ebermayer joined the Bavarian judicial service in 1883. There he had the position of III in 1883. Public prosecutor in Straubing, in 1884 that of a district judge in Neuburg an der Donau, in 1890 of a second public prosecutor in Bayreuth and in 1894 he was a district judge in Bamberg, in 1899 he became a public prosecutor at the Bamberg Higher Regional Court . In 1902 he was appointed judge at the Imperial Court. For a decade he belonged to the III. Criminal senate of the Reichsgericht . In 1911 he was a member of the commission for criminal law reform and was involved in the 1914 draft. In 1914 he returned to the criminal senate. From the spring of 1918 he was again busy with the resumed reform work for a year and a half. In September 1918 he was appointed Senate President of the Second Criminal Senate of the Reich Court in absentia . In 1920 he refused an appointment to the wax chair . From 1921 he was a senior Reich attorney for five years. He was involved in numerous spectacular trials, for example the Leipzig trials . The Leipzig Trials were the first attempt to punish war crimes committed during the First World War. His public fame was shaped by his role as a prosecutor in the high treason proceedings against the Kapp putschists or the murder of Walther Rathenau . He also investigated the Hamburg uprising of 1923.

His position on the republic remains ambiguous. On the one hand, he is said to have rejected Gürtner's request to participate in the criminal law reform in May 1933 with the words that he was not a National Socialist . On the other hand, Ebermayer always spoke only of "so-called war crimes" when he had to represent the indictment in the Leipzig war crimes trials, and described how it had "turned his heart around" to have to bring "our own people" to justice. The tone sounds the same if it was based on the "undoubtedly noble motifs" of the Kapp putschist von Jagow .

In the International Criminological Association he was chairman of the German national group. He was co-editor of the Leipziger Zeitschrift and, since 1926, the Deutsche Juristen-Zeitung . He became known scientifically as a co-initiator of the Leipzig Commentary . Ebermayer was known to doctors for his numerous publications on medical law; he dealt not only with the doctors' questions about medical interventions, patient consent, medical confidentiality or active and passive euthanasia, but also with statutory health insurance physicians. Ebermayer was one of the first lawyers to devote himself to the special relationship between doctor and law and to try to bring this closer to the very interested medical community. He received numerous honors: in 1913 an honorary doctorate from the law faculty of the University of Göttingen . In 1924 he became Dr. med. hc from the Medical Faculty of the University of Leipzig . From 1927 he was an honorary professor for criminal law at the University of Leipzig.

family

The writer Erich Ebermayer was his son. His wife Angelika was the aunt of Hitler's later Reichsleiter Philipp Bouhler .

Publications (selection)

  • The criminal law reform: the result of the work of the Criminal Law Commission, Tübingen 1914.
  • The draft of a German Criminal Code: systematically processed according to the decisions of the Criminal Law Commission, Berlin 1914
  • Doctor and patient in the case law, Berlin 1924.
  • Pocket commentary on the patent law and the law on patent attorneys and the law on the protection of utility models. Berlin 1926.
  • (Ed.) The material criminal law: Instructions for criminal practice. A contribution to the training of our young lawyers and a guide for younger practitioners, Vol. 2, 4th edition, Berlin 1929.
  • Fifty years of service to law. Memories of a lawyer, Grethlein & Co, Leipzig 1930.

literature

  • Andreas Michael Staufer: Ludwig Ebermayer - life and work of the highest prosecutor of the Weimar Republic with special consideration of his work in medical and criminal law. (= Leipzig Legal Studies, Legal History Department, Vol. 6), Leipzig 2010.
  • Erich Döhring:  Ebermayer, Ludwig. In: New German Biography (NDB). Volume 4, Duncker & Humblot, Berlin 1959, ISBN 3-428-00185-0 , p. 248 f. ( Digitized version ).
  • Ludwig Ebermayer: Self-Presentation, in: Hans Planitz (Ed.): The Law of the Present in Self-Presentation, Volume 1, Leipzig 1924, p. 24ff.
  • "Personalalien", Deutsche Juristen-Zeitung , year 31 (1926), column 880.

Web links

Individual evidence

  1. ↑ Erik Lommatzsch: Faces of the University; Ludwig Ebermayer (1858-1900) in www.uni-leipzig.de/journal,Heft 3/2009 p. 20
  2. ^ Ingo Müller: No reason for nostalgia: the Reichsgericht; Relates to JUSTICE No. 65, March 2001, pp. 12ff, 15
  3. ↑ Andreas Staufer, The doctor in law became medical law. On the occasion of Ludwig Ebermayer's 150th birthday. Accessed June 12, 2015 (PDF)
  4. ^ Andreas Staufer: Ludwig Ebermayer: Leipziger Universitätsverlag, 2010.
personal data
SURNAME Ebermayer, Ludwig
ALTERNATIVE NAMES Ebermayer, Ludwig Friedrich Peter
BRIEF DESCRIPTION Senior Reich Attorney
DATE OF BIRTH April 15, 1858
PLACE OF BIRTH Nordlingen
DATE OF DEATH June 30, 1933
Place of death Leipzig