Paul von Roth

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Paul von Roth

Paul Rudolf von Roth (born July 11, 1820 in Nuremberg , † March 29, 1892 in Munich ) was a German legal scholar .

Life

Paul von Roth was the second son of the royal Bavarian State Councilor Friedrich von Roth . After graduating from high school in 1836 at the (today's) Wilhelmsgymnasium in Munich , he began studying law at the University of Munich at the age of 16 . In 1840 he entered the preparatory service for the Bavarian judicial service and in October 1842 passed the "practical concuration exam for civil service aspirants" with the grade of "excellent qualification". After a few years of practical activity he received his doctorate in 1848 at the University of Erlangen with a thesis on the origin of the Lex Bajuvariorum . In the same year he qualified as a professor at the University of Munich with his thesis on the crown property awards among the Merovingians and received the Venia legendi . After two years as a private lecturer, he moved to the University of Marburg as associate professor of law , in 1853 as full professor at the University of Rostock and in 1858 at the University of Kiel . With Adolf AF Rudorff , Hugo Böhlau and Georg Bruns , he founded the Zeitschrift für Rechtsgeschichte in 1861 , which he opened with a programmatic inventory of legal historical research since Eichhorn . In 1863 he finally returned to Munich as the successor to Bluntschli , where he taught German private law , German imperial and legal history , constitutional law and, from 1867, Bavarian land law. In 1866 he was also appointed senior librarian at the university library . As a member of the Federal Council Commission for the development of an all-German civil code , he temporarily relocated to Berlin in 1881 . In 1888 he returned to Munich. He stopped teaching in 1890 and died of a stroke in 1892 .

Act

In Roth's early work, legal historical and legal dogmatic perspectives are combined. In his history of the benefit system (1850) he carried out the thesis, which was deepened in feudality and the association of subjects in 1863 , that the rule and social constitution of the Germanic-Franconian association formation was shaped by the "equal entitlement of all Freyen". This conception of an original “public freedom”, which was only supplanted in Carolingian times, has shaped the discussion about the emergence of nobility and feudal beings in medieval Europe to this day.

Comprehensive text-critical material recording and systematic order characterize Roth's work on applicable law. In 1858, together with Victor von Meibom, he published the Kurhessische Privatrecht , taking into account the extensive legal practice. During his time in Munich he created the first comprehensive systematic presentation of private law in Bavaria with his Bavarian Civil Law (1871/75). In the system of German private law (3 vols., 1881–1886) he expanded this approach to the whole of Germany and merged the rules of ius commune , the German-Germanic legal system and state legislation , which were otherwise always considered separately, into a single representational unit.

Roth was convinced that German private law was based on the diversity of its regional traditions and that a central governmental legislative codification was "neither necessary, useful nor practicable," which he moved away from since 1870 - initially in studies of matrimonial property law. Subsequently, in 1874 on a proposal from Bavaria, Roth was appointed, together with Gottfried Schmitt, by the Federal Council of the German Empire to be a member of the first eleven-member commission for the development of a German civil code. Although he was a member of this commission until it was dissolved (1888), he hardly set any creative accents, but his works provided important material bases.

Roth is one of the most important representatives of historical jurisprudence in the 19th century thanks to the systematic, but always close to sources, indexing of enormous volumes of text, the sovereign bridging of the traditional separation of German and Romance studies and not least because of the variety of topics he selected.

honors and awards

Works

literature

Web links

Individual evidence

  1. ↑ a b c Roth, Paul von . In: Brockhaus Konversations-Lexikon 1894–1896, Volume 13, p. 1018.
  2. ^ Adolf von Stählin:  Roth, Karl Johann Friedrich von . In: Allgemeine Deutsche Biographie (ADB). Volume 29, Duncker & Humblot, Leipzig 1889, pp. 317-333.
  3. ^ Leitschuh, Max: The matriculations of the upper classes of the Wilhelmsgymnasium in Munich , 4 vols., Munich 1970–1976; Vol. 4, p. 9
  4. ↑ a b c d e f g Karl von Amira:  Roth, Paul von . In: Allgemeine Deutsche Biographie (ADB). Volume 53, Duncker & Humblot, Leipzig 1907, pp. 538-549.
  5. ↑ a b c Roth, Paul Rudolf von . In: Meyers Konversations-Lexikon . 4th edition. Volume 13, Verlag des Bibliographisches Institut, Leipzig / Vienna 1885–1892, p. 996.
  6. ↑ a b c d e f g h i Andreas Thier:  Roth, Paul Rudolf von. In: New German Biography (NDB). Volume 22, Duncker & Humblot, Berlin 2005, ISBN 3-428-11203-2 , p. 108 f. ( Digitized version ).
  7. ↑ Werner Schubert: Bavaria and the Civil Code: the protocols of the Bavarian Civil Code Commission (1881-1884) . In: Münchener Universitätsschriften: Treatises on basic legal research . tape 44 . Gremer, Munich 1980, ISBN 978-3-88212-019-6 , pp. 16 .
  8. ↑ Prof. Dr. Paul Ritter von Roth. Bavarian Academy of Sciences, accessed on April 14, 2012 .
  9. ↑ Hans Körner: The Bavarian Maximilian Order for Science and Art and its members . ( Memento from July 19, 2018 in the Internet Archive ) In: Zeitschrift für Bayerische Landesgeschichte , Vol. 47, 1984, pp. 299–398.
  10. ^ A b c Official directory of the staff of teachers, civil servants and students at the royal Bavarian Ludwig Maximilians University in Munich. Winter semester 1891/92. (PDF; 7.4 MB) Ludwig Maximilians University, p. 9 , accessed on April 14, 2012 .
personal data
SURNAME Roth, Paul from
ALTERNATIVE NAMES Roth, Paul Rudolf von (full name)
BRIEF DESCRIPTION German legal scholar
DATE OF BIRTH July 11, 1820
PLACE OF BIRTH Nuremberg
DATE OF DEATH March 29, 1892
Place of death Munich