Peder Kofod Ancher

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Peder Kofod Ancher

Peder Kofod Ancher (born June 14, 1710 in Østerlarsker on Bornholm , † July 5, 1788 in Copenhagen ) was a Danish legal scholar .

Life

His parents were pastor Jørgen Ancher and his wife Johanne Kofod. In 1742 he married Sophie Amalie Bildsøe († 1746), a pastor's daughter from Kjettinge ( Zealand ). In 1751 he married Johanne Maria Sevel.

From 1722 he attended the Sorø Akademi in Sorø . In 1726 he began his studies in theology, which he successfully completed in 1730 ( laudabilis = praiseworthy, the second best grade). He then studied law, which he also successfully completed in 1738. In 1741 he became a professor at the Faculty of Law, but did not receive his doctorate until 1742. He became a member of the "Norske Videnskabernes Selskab" (Norwegian Scientific Society). In 1748 he became dean of the law faculty. He lectured until 1756 and was rector of the university three times. In 1753 he was also judge at the Overadmiralitetsret and general director of the fleet administration (Søetat) and in the same year judge at the Supreme Court with the title "Judicial Council".

His subjects were Danish civil law, Danish and Roman legal history, criminal law, procedural law, canon law and Danish-Norwegian constitutional law. He was a believer in the historical interpretation of the law to determine the will of the legislature. He defended the Danish-Norwegian form of government against contemporary revolutionary aspirations. He knew Rousseau and in 1765 wrote an extensive polemic against Montesquieu 's De l'esprit des loix . He particularly emphasized the original independence of Danish law from its origins.

From 1756 he had to have his lectures read by assistants for health reasons. In his position as general auditor, too, he had to be represented by his assistant for a number of years. His lungs were weak and he used to speak loudly and spiritedly, which was so overwhelming that he lay on the sick bed for 8 months. With royal support he took cures in Bad Pyrmont in the following years .

In 1766 he was "Budget Council", 1770 "Real Budget Council" and 1774 Conference Council. He also had a satirical side, which in his article Brevet til ingen om intet i Lov og Ret (A Letter to Nobody About Nothing in Law and Justice) (1765) was expressed in such a way that it offended and he himself did Had to write counter-written: Forsvar for Love og Lovkyndighed. Til Svar paa Brevet om Intet i Lov og Ret (Defense of law and legal science. Answer to the letter om Intet i Lov og Ret) (1765). He was a successful government negotiator with the residents of Bornholm when they refused to pay newly introduced taxes, such as the salt tax, citing their privileges from 1658. He was also a member of the Laurvigen County Fief Commission . He was also involved in drafting various bills. Together with Andreas Hojer and Henrik Stampe , Ancher formed a triumvirate that dominated Danish law and research in the 18th century.

When he submitted his work to Jydske Lov in 1783 , he received from the king a diamond ring with the king's name and the inscription "merito" and the promise of a pension for his wife after his death of 300 Rigsdaler from the king's treasury.

Selected works

  • De præscriptione Danorum . 1740
  • Cogitationes in dubios quosdam articulos legis Danicæ de successione from intestato I – III. (1741–1743)
  • Conjecturæ de origine et sensu septimæ generationis, lingva vernacula "Syvende Mand" (1744) (This is the seventh degree of inheritance according to King Waldemar's Sjællandske Lov)
  • De genuina contrariarum legum conciliandarum ratione I – II (1749–1751)
  • Miscellæ Qvestiones maxime controversi. (1751)
  • Imago supremi regii judicii in Daniæ et Norvegiæ regnis et exemplar ordinationis novissimæ. (1756)
  • De indole juris privati ​​pro habitu Imperii Dano-Norvegici . 2 volumes 1756–1758.
  • Et Brev til Ingen, om Intet i Lov and Ret . (1765)
  • Afhandling om the best Maade at regne Slægtskabetsled paa i Ægteskabs- og Arvesager . 1765.
  • En Dansk Lov-Historie Fra Kong Harald Blaatands Tid til Kong Christian den Femtes. I-II. 1769-1776.
  • En kort Anviisning især for en Dansk Jurist indicating Lovkyndigheds- og Staats-Konstens adskillige Deele, Nytte og Hielpemidler (1755), 2nd edition under a different title and partly different content. 1777.
  • Dansk Lehnsret (1777)
  • Svar paa nogle Spørsmaale til the legal faculty . 1779.
  • Om all Danske Gilder and other undergang . 1780
  • Den Jydske Lovbog paa gammel Dansk, med forskiellige Læsninger, Latinsk Oversættelse, Urlaubskninger og Forklaringer 1783.
  • Johan FW Schlegel, Rasmus Nyerup: Samlede juridiske Skrifter; Peder Kofod Ancher's collection of legal scribes . 3 vols. Soldin, København

In addition, many essays appeared in the Videnskabernesselskabs Skrifter , for example Bevis, at Norge ved Christian den 3dies Reces af 1536 ikke er bleven en Provinds af Danmark. (X pp. 29-49).

Remarks

  1. ↑ The legal exam was not introduced until 1736.
  2. ^ List of rectors on the University of Copenhagen website
  3. ↑ The "Overadmiralitetsret" was a last-instance special court and consisted of two department heads from the Navy Ministry, the general auditor (supreme oversight of the administration of justice in military justice ) and two judges from the Supreme Court. It dealt with prize cases in times of war and pilot cases .
  4. ↑ Per Nilsén: “Nordisk fornuft eller romersk spidsfindighed? Tre ”studievejledninger” fra 1700-tallet “. In: Juridiske emner ved Syddansk Universitet 2005 . ISBN 978-87-574-1265-9 . Pp. 315-328, 324.
  5. ↑ "Etatsraad" was conferred the honorary title King, who filed the carrier in the 3rd place class at court. The rank classes had further subdivisions.
  6. ↑ "virkelig Etatsraad" let the bearer move up in the subgroups of the 3rd class at court.
  7. ^ "Conference Councilor" was an honorary title awarded by the king, which placed the bearer in the 2nd class at court.

literature

personal data
SURNAME Kofod Ancher, Peder
ALTERNATIVE NAMES Ancher, Peder Kofod
BRIEF DESCRIPTION Danish lawyer
DATE OF BIRTH June 14, 1710
PLACE OF BIRTH Østerlarsker
DATE OF DEATH July 5, 1788
Place of death Copenhagen