Peter von Andlau

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Peter von Andlau (Latin Petrus de Andlo ; * around 1420 in Andlau ( Alsace ); † March 5, 1480 in Basel ) was an Alsatian legal scholar .

Life

Peter von Andlau studied from 1439 at the University of Heidelberg , from 1443 at the University of Pavia , where he also received his doctorate. As the illegitimate son of an Alsatian aristocratic family, he pursued an ecclesiastical career. From 1450 he was chaplain at the Basel Minster, later a priest in Lautenbach in Alsace and a canon in Colmar. In 1460, when the University of Basel was founded , he took the opportunity to apply for a job through a systematic treatise on imperial law. He then received the professorship for canonical and Roman law and was the first vice-chancellor of the university until the end of his life (the chancellor was the Basel bishop) and three times dean of his faculty. In 1471 he finally became rector of the university and elder of the law school.

Some of his lectures are preserved in transcripts. In addition, Peter von Andlau left two books: on the one hand the above-mentioned "application letter", the Libellus de Cesarea Monarchia (German booklet about the rule of the emperor) (1460), on the other hand the Tractatus de canonicorum saecularium vita (1470/80). The Libellus is considered to be the first comprehensive representation of the constitutional law of the Holy Roman Empire . It is largely a compilation of doctrinal opinions of canon law, which are supplemented by excursions on the emergence of the nobility, the estates of the empire, warfare and administration. In the dispute between the emperor and the pope about subordination or equality of the former, Peter von Andlau largely represents the position of ecclesiastical law, but tries not to devalue the dignity of the empire and also refers extensively to the golden bull ignoring the claims of the pope . Such a balancing position was possible because the dispute at the time the Libellus was created was not explosive; but it also prevented a broad reception of the work. It was not until the early 17th century that the Libellus was received as an important representation of imperial state law and was printed several times.

Works

  • Emperor and Empire : Latin and German = Libellus de Cesarea monarchia. Edited by Rainer A. Müller. Frankfurt / Main 1998. ISBN 3-458-16899-0 .

literature

  • Joseph Hürbin : Peter von Andlau. The author of the first German state law . Strasbourg 1897 ( full text as PDF). For more of Hürbin's writings on Peter von Andlau, see the digital record at Wikisource .
  • Jürgen Miethke : Canon Law and Prolegomena to a German Constitutional Law: Lupold von Bebenburg and Peter von Andlau in comparison. In: Jacques Krynen and Michael Stolleis (eds.): Science politique et droit public dans les facultés de droit européennes (XIII e –XVIII e siècles) , Studies on European Legal History, Volume 229, Frankfurt am Main 2008, pp. 125–141, ISBN 978-3-465-04041-5
  • Richard Newald:  Andlau, Peter von. In: New German Biography (NDB). Volume 1, Duncker & Humblot, Berlin 1953, ISBN 3-428-00182-6 , p. 270 ( digitized version ).
  • Johann Friedrich von Schulte:  Andlaw, Peter von . In: Allgemeine Deutsche Biographie (ADB). Volume 1, Duncker & Humblot, Leipzig 1875, p. 431.
  • Claudio Soliva : Andlau, Peter von. In: Historical Lexicon of Switzerland .
  • Helmut G. Walther : Learned law, city and empire in the political theory of the Basel canonist Peter von Andlau. In: Hartmut Boockmann, Bernd Moeller , Karl Stackmann (eds.): Life lessons and world designs in the transition from the Middle Ages to the modern age. Politics - Education - Natural History - Theology. Report on colloquia of the commission to research the culture of the late Middle Ages 1983 to 1987 (= treatises of the Academy of Sciences in Göttingen: philological-historical class. Volume III, No. 179). Vandenhoeck & Ruprecht, Göttingen 1989, ISBN 3-525-82463-7 , pp. 77-111.

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