Ludwig Mitteis

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Ludwig Mitteis (born March 17, 1859 in Laibach ; † December 26, 1921 in Leipzig ) was an Austrian legal historian .

Life

After studying law at the University of Vienna and gaining a doctorate in 1881, Mitteis worked at the University of Leipzig . From 1880 to 1886 he was a judge in Vienna, after his habilitation in 1884 at the same time private lecturer at the University of Vienna. In 1887 he was appointed professor of civil law at the University of Prague, in 1895 at the University of Vienna, and in 1899 at the University of Leipzig for the subject of ancient legal history. From 1901 he was a full member of the Saxon Academy of Sciences in Leipzig .

Mitteis is considered one of the most important experts on ancient legal history and a pioneer of legal papyrology in Germany. His papyrological introduction and selection collection (basics and chrestomathy of papyrus studies) , which he wrote together with Ulrich Wilcken , was fundamental in academic teaching for a long time.

Mitteis's pupils included Eberhard Friedrich Bruck , Paul Koschaker , Hans Kreller , Hans Lewald , Demetrios Pappoulias , Josef Partsch , Hans Peters , Fritz Pringsheim , Leo Raape , Ernst Rabel , Andreas Bertalan Schwarz , August Simonius (1885–1957), Rafael Taubenschlag , Egon Weiß and Leopold Wenger .

His son Heinrich Mitteis was also a legal historian.

meaning

Mitteis is considered to be an important source of inspiration for the process of historical comparative law in Roman law . In his highly acclaimed work Imperial Law and People's Law in the Eastern Provinces of the Roman Empire from 1891, he made it clear that the rigid, traditional understanding of legal systems based on the Justinian legal books of the Corpus Iuris Civilis was much more "lively" than often assumed since Hellenistic and ancient oriental elements have always been preserved in the sense of a reality of life under national law , which is especially true for Eastern Europe. With the book he created a first reception of Roman law for the period of late antiquity from the 3rd to 6th centuries (time of the compilations from Diocletian to Justinian ).

Since he researched the law actually practiced, he did not search for clues in the classic documents of the pandectists , but aimed at Greek provincial literature and Hellenistic inscriptions . The subjects of research were the Syrian-Roman legal book and the holdings of Greco-Egyptian papyri. The latter made him the founder of legal papyrology .

Fonts

  • The doctrine of representation according to Roman law with consideration of Austrian law. , Vienna 1885, reprinted Aalen 1962.
  • Imperial law and popular law in the eastern provinces of the Roman Empire. , Leipzig 1891, reprint Hildesheim 1963.
  • Principles and Chrestomathy of Papyrus Studies (with Ulrich Wilcken ), Leipzig 1912; Reprint Hildesheim 1963.
  • On the history of leasehold in antiquity. , Leipzig 1901.
  • Two questions from civil law. , Leipzig 1905.
  • Roman private law up to the time of Diocletian. 1: Basic concepts and doctrine of legal persons. , Leipzig 1908.
  • Romance contributions to legal history. Edited by L. Mitteis, J. Partsch, E. Rabel. Berlin 1919
  • Roman law . Leipzig 1921, in: From antiquity to the present .

literature

Individual evidence

  1. ^ Members of the SAW: Ludwig Mitteis. Saxon Academy of Sciences, accessed on November 17, 2016 .
  2. ↑ Reinhard Zimmermann : Today's Law, Roman Law and Today's Roman Law . In: Reinhard Zimmermann u. a. (Ed.): Legal history and private law dogmatics. CF Müller, Heidelberg 1999, pp. 1-39 (19 f.).
  3. ↑ Joseph Partsch : On the profession of Roman law in today's university , 1920, p. 21 ff.
  4. ^ Max Kaser : Das Roman Privatrecht , first section, 2nd ed., 1971, p. 9; Franz Wieacker : Römische Rechtsgeschichte , first section, 1988, p. 46 f.

Web links

Wikisource: Ludwig Mitteis  - Sources and full texts
personal data
SURNAME Mitteis, Ludwig
BRIEF DESCRIPTION Austrian legal historian
DATE OF BIRTH March 17, 1859
PLACE OF BIRTH Laibach
DATE OF DEATH December 26, 1921
Place of death Leipzig