Oskar von Bülow

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Oskar von Bülow, photo Georg Brokesch Leipzig 1886
Portrait of Johann David Bülow, pharmacist and city councilor in Breslau, photo around 1860
Portrait of Sophie Bülow b. Haug with son Friedrich, original photograph from 1882 taken by Wilhelm Hornung Kabinettformat
Portrait of Sophie Bülow with son Friedrich, reverse original photograph of Sophie Bülow with son taken by Wilhelm Hornung from 1882, the original photo on the reverse bears
a handwritten note by her husband

Oskar Robert Arthur Bülow , from 1877 von Bülow , (born September 11, 1837 in Breslau , † November 19, 1907 in Heidelberg ) was a German legal scholar . As a researcher and university lecturer, he is one of the most important representatives of judicial law and civil procedure law .

family

Oskar von Bülow was the son of the pharmacist and city ​​councilor Johann David Bülow (born January 1, 1794 in Breslau; † February 13, 1871 in Breslau) and Pauline Beer (born March 31, 1807 in Herrnstadt ; † September 14, 1879 in Breslau ). He married on March 26, 1874 in Tübingen with Sophie Friederike Haug (born September 4, 1843 in Tübingen, † 24 June 1937 in Tübingen). She was the sixth daughter and the seventh child of the Tübingen historian Carl Friedrich Haug and the Theophanie Conradi . Bülow is related by marriage to Carl Friedrich Haug junior , Karl von Riecke and Wilhelm Roser . The brother-in-law Karl von Riecke wrote, based on the lifelong genealogical research of his father-in-law Carl Friedrich Haug, among other things, a treatise on the Württemberg family and state history.

progeny

Bülow's marriage to Sophie Haug had four children:

Bülow's other descendants include the sound artist and composer David Moufang .

Live and act

From 1846 Bülow attended the Maria-Magdalenen-Gymnasium in Breslau , which he left with the Abitur in 1855. He then studied law in Berlin at the Friedrich-Wilhelms-Universität , in Heidelberg at the Ruperto Carola and at the University of Breslau . Bülow received his doctorate in 1859 under the guidance of his doctoral supervisor Philipp Eduard Huschke in Breslau with the work de praejudicialibus formulis to Doctor iuris utriusque . Bernhard Windscheid reviewed Bülow's inaugural dissertation de praejudicialibus formulis. Bülow did his military service in the Prussian army from autumn 1860 to autumn 1861 as a one-year volunteer in Breslau.

Habilitation

In the autumn of 1863 , Bülow completed his habilitation in Heidelberg with the writing de praejudicialibus exceptionibus for Roman law and procedural law . From 1863 to 1865 he taught at the Ruperto Carola as a private lecturer . Quote from Max von Rümelin : “ He later thought of that time as a private lecturer as an extremely stimulating and creative one. It was not just his dealings with his legal colleagues Vangerow , Mittermaier , Bluntschli and A. Thon, who also qualified as a professor, that affected him. He also enjoyed contact with men like Helmholtz , Bunsen , Häusser , Gervinus . "

Chair at the Justus Liebig University in Giessen

In 1865 Bülow accepted a call as a regular associate professor at the Justus Liebig University in Giessen ; on November 9, 1867, he took over the chair for Roman law and civil procedural law , which he held until 1872. A lifelong friendship began in Giessen with Rudolf von Jhering, who taught there from 1852–1868 and was 19 years his senior . To him, Bülow has his first major monograph on The Doctrine of the Defense of the Trial and the Prerequisites for Trial. 1868. dedicated. Bülow's main work of his later years, The Right to Confession. A contribution to the general theory of legal acts. 1899. , has the dedication of this scientific work to his late friend Rudolf von Jhering in the foreword. The Prussian Cultural Heritage Foundation Berlin. Manuscript Department: Darmstädter Collection. is in possession of letters from Rudolph von Jhering to Bülow.

Franco-German War 1870/71

Bülow enlisted voluntarily in the war year 1870 the Prussian military authorities. As a Landwehr officer, he was given command of the island of Pellworm in the Franco-Prussian War of 1870/71.

Chair at the Eberhard Karls University in Tübingen

In 1872, Bülow followed a call to the Eberhard Karls University of Tübingen for the vacant chair for Roman law , as the successor to Alois von Brinz . Bülow held this chair for 13 years until 1885. Quote from Max von Rümelin: “ The great success as a lecturer that he achieved in the flourishing Tübingen, the recognition that was given to his effectiveness through multiple calls (to Göttingen in 1877, to Breslau in 1884) The spiritually stimulated circle of friends he joined, the ever closer relationship with his immediate specialist colleague Degenkolb , all of this contributed to increasing his joie de vivre and creativity. ”In 1884, Bülow was elected rector of the Eberhard Karls University.

Chair at the Alma Mater Lipsiensis

In 1885 Bülow accepted an appointment at the University of Leipzig . There, Bülow expressed in his rectorate speech what judges have always practiced: “ Within the limits of the law, the judge has a wide scope of independent legal determination. “Bülow saw in the judgment a source of law and in the judge an actor who exercises state authority . Bülow was one of the most important representatives of judicial law of his time. Although he retired at the age of 55 in 1892 due to a heart condition , Bülow enjoyed another 15 years of successful scientific work.

Life in Heidelberg

Oskar von Bülow's retirement home in Heidelberg Gaisbergstrasse 81, built in 1894 based on a design by the architect Jakob Henkenhaf , as a villa in the style of the Northern Italian Renaissance , photo taken around 1907
The families Otto Schoetensack and Oskar von Bülow on the wedding photo of August Schoetensack with Luise Bülow in front of the Villa Bülow. The wedding took place according to the Evangelical Lutheran rite in the chapel of Heidelberg Castle on August 5, 1906

Bülow returned to Heidelberg in autumn 1892, the spirit of the place whose alma mater Ruperto Carola had awarded him the Venia Legendi . Quote from Max von Rümelin : “ At which he began his academic activity and with which he had fond memories from his youth. “Here Bülow had the architect Jakob Henkenhaf built a two-storey villa at Gaisbergstrasse 81 as a retirement home in 1893 , the style of which is characterized, quote from the Baden-Württemberg State Office for the Preservation of Monuments :“ From a historicizing design that is based on models from country house architecture orientated towards the Northern Italian Renaissance and Mannerism ”.

In Heidelberg, after Bülow's retirement, the following works and writings were created in addition to other works: Absolute legal force of judgment , the right to confess , letters from a stranger on jurisprudence , cheerful and serious reflections on jurisprudence , the end of the right to send files. A Judicial Constitution Question and the Treatise: Lawsuit and Judgment. A fundamental question of the relationship between private law and process .

Quotation from Max von Rümelin: “ There he experienced another period of rich creativity, since his health improved considerably with the protection of energy that was now made possible. The literary activity which he has developed in recent times is larger than his entire earlier production, and that the labor force did not dry up until the end, it is evident from the fact that he left behind a nearly finished work on the genesis of law, of which it is to be hoped that it will not be withheld from science. In the course of the years, however, the complaints of his heart disease had to assert themselves more and more, but they did not prevent him from enjoying happy and happy days with his family. The end that befell him was a peaceful one. After spending the evening playing music with his family, he was found in the work chair in the morning, the newspaper still in hand, asleep. "

After Bülow's death

Oskar von Bülow on a photograph by Georg Brokesch taken in the Leipzig studio, 1907 in the year of Bülow's death

After Bülow's death on November 19, 1907, his widow, Sophie, geb. Haug, the property at Gaisbergstrasse 81 and returned to her hometown Tübingen. Today the Villa Bülow houses a day-care center for the city of Heidelberg.

Sophie Bülow outlived her husband by almost 30 years. At the age of almost 94, she fell asleep gently on June 24, 1937 in her home in Tübingen, at Uhlandstrasse 10. On June 26, 1937 at 3 p.m., she found the Tübingen cemetery with her family, her two companions and close friends Funeral takes place. Sophie Bülow, née Haug, found her final resting place in the family grave of her parents Carl Friedrich Haug and Theophanie Haug née Conradi, along with other family members in the Tübingen city cemetery in grave field F (row 13, grave 21). The now abandoned grave still existed in 1985.

Oskar von Bülow
grave complex in the Heidelberg Bergfriedhof in section Z 306/307

Bülow's final resting place is in the Bergfriedhof (Heidelberg) in grave field Z, row 1, (Lit. Z 306/307). The family chose a 2 meter high granite menhir as the tomb . Bülows' dates of life are stamped on a simple blackboard. His granddaughter Irmgard Helene Pauline Haus (March 31, 1907 - May 18, 1986), a daughter of Elfriede Haus, nee Bülow and Rudolf Haus, also rests in this grave complex .

Honors

The Old University of Wroclaw at night. From 1811 to 1945 it was called the " Silesian Friedrich-Wilhelms-Universität zu Breslau ", today it is called Uniwersytet Wrocławski
The “
Leopoldina ” of the University of Breslau , designed in high baroque style , based on designs by the architect and sculptor Christoph Tausch

Works and writings (selection)

  • Lawsuit and judgment. A fundamental question of the relationship between private law and process. Berlin 1903.
  • The right to confess. A contribution to the general theory of legal acts. 1899. New edition 2007, ISBN 978-3-8364-3520-8 .
  • Letters from a stranger on jurisprudence. Additional title: A gift for the first birthday party of the new German civil law . Leipzig. Breitkopf and Härtel. 1891. V, 140 pp.
  • Cheerful and serious considerations on jurisprudence. Additional title: Contributions to the theory of legal and customary law . 2nd edition of the "Letters of a Stranger on Jurisprudence". Leipzig. Breitkopf and Härtel. 1891. V, 140 pp.
  • Cheerful and serious considerations on jurisprudence. Additional title: Contributions to the theory of legal and customary law . 2nd edition of the "Letters of a Stranger on Jurisprudence". Leipzig. Breitkopf and Härtel. 1891. V, 140 pp., Digitized in Cooperation American Libraries [2]
  • Absolute legal force of the judgment, Archives for civilist practice 83 (1894), 1.
  • Law and judicial office. 1885. New edition 2003, ISBN 3-8305-0548-5 .
  • The end of the right to send files. Freiburg iB 1881 Academic publishing bookstore by JCB Mohr. (Paul Siebeck). Online edition. Frankfurt am Main. Max Planck Institute for European Legal History. 2002
  • Civil procedural fictions and truths. 1879. Archive for the civ. Practice. Vol. 62, 96 pp.
  • Common German civil procedure law . Winter semester 1868/69. Lecture postscript by L. Fechler (edited by Johann Braun). Tübingen 2003, ISBN 3-16-148193-3 .
  • The doctrine of the litigation defense and the litigation requirements. To water. 1868. VI, 320 pp. New edition 2007, ISBN 978-3-8364-3521-5 .
  • Confidential letters from a stranger about today's jurisprudence. 8th year of the German court newspaper No. 10 (Berlin March 7, 1866). Third (civil procedural) series. First letter. (These letters were written by Jhering and Bülow. The Jheringschen were later published in Scherz und Ernst in Jurisprudenz. The letter quoted is from Bülow.) 1864.
  • De praejudicialibus exceptionibus. Habilitation thesis . Heidelberg. 1863. V, 59 S. Bangel and Schmitt.
  • De praejudicialibus formulis. Dissertatio inauguralis . Vratislaviae. 1859. 46 S. Grassius.
  • Legge e giurisdizione . Oskar von Bülow - Philipp Zorn, a cura di Fluvio Cortese e Andrea Sandri. Manor Edicioni Seregno Lombardia [3]

swell

  • Annual report 1855 of the high school to St. Maria Magdalena in Breslau

Individual evidence

  1. The back of the portrait photo is worthy of publication for the following reasons: 1. No estate from photographer Paul Wilhelm Hornung has been received, reference: Tübingen city archive, kindly information from Ms. Antje Zacharias. 2. On the back of the portrait photo, a handwritten note on the persons depicted, together with the year of the photograph, is written down from the pen of the husband, Oskar von Bülow.
  2. a b c d family association Feuerlein, tribe Conradi, http://familienverband-feuerlein.de/
  3. Altwirtembergisches from family papers to the best of the Luther Foundation of an educational institution for pastors' sons, written and edited by Karl Viktor von Ricke [1]
  4. Gerfried Ziegelmayer:  Schoetensack, Otto Karl Friedrich. In: New German Biography (NDB). Volume 23, Duncker & Humblot, Berlin 2007, ISBN 978-3-428-11204-3 , p. 436 f. ( Digitized version ).
  5. ^ List of important students and teachers of the Magdalenäum Breslau, Magdalenäum .
  6. see first page of the text, De praejudicialibus exceptionibus… By Oskar Bülow
  7. Critical quarterly. Volume 1.Page 292.1859
  8. referenced by Max von Rümelin in Archive for Civilist Practice 103rd Volume. 1908.
  9. The officers of the Landwehr were mostly recruited from the reserve officer corps (made up of one-year volunteers ).
  10. Archived copy ( memento of the original from August 8, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.grosser-generalstab.de
  11. ^ Rector's speeches in the 19th and 20th centuries - online bibliography, Oskar von Bülow
  12. ^ Heidelberg City Archives
  13. ^ Heidelberg city archives, obituary notice Sophie Bülow private print, published in "Tübinger Chronik", year 1937.
  14. From 1968 to 2001 the city cemetery was temporarily closed for further occupancy. The grave complex is no longer included in the photo documentation, carried out in 2001 by the cemetery administration. - With kind information from Ms. Antje Zacharias, Tübingen City Archives, on January 16, 2015.
  15. ^ Heidelberg cemetery office
  16. Court and State Handbook of the Kingdom of Württemberg 1894, page 54

literature

  • Friedrich Lent:  Bülow, Oskar. In: New German Biography (NDB). Volume 2, Duncker & Humblot, Berlin 1955, ISBN 3-428-00183-4 , p. 739 ( digitized version ).
  • Max von Rümelin wrote the obituary for Oskar von Bülow , published as a print in 1908 in the Archive for Civilist Practice series . Edited by Heck , M. Rümelin , Wendt. Professors at the Tübingen Law Faculty. 103rd volume. Tübingen. Publisher JCB Mohr (Paul Siebeck). 1908. 33 pp.

Web links

Commons : Oskar von Bülow  - Collection of images, videos and audio files