Philipp Heck

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Philipp von Heck in the Tübingen Professorengalerie

Philipp Nicolai Heck , since 1912 Ritter von Heck (born July 22, 1858 in Saint Petersburg , † June 28, 1943 in Tübingen ) was a German lawyer who is considered to be groundbreaking for German interest jurisprudence.

Life

Heck went to school in Saint Petersburg. After his family moved to Wiesbaden in 1870 , he attended high school there . He later studied mathematics in Leipzig , but soon switched to law, stimulated by reading Jhering's Spirit of Roman Law . After further years of study in Heidelberg and Berlin , he passed the assessor examination in 1886. He received his doctorate and habilitation in Berlin in 1889. In 1891 he was appointed full professor at the University of Greifswald , from which he moved to Halle in 1892 as Eugen Huber's successor . From 1901 until his retirement in 1928 he taught in Tübingen. There he was rector in 1911/12.

Services

The focus of Heck's work lay in the field of legal history , civil law and, in particular, legal methodology .

Interest jurisprudence

Heck achieved notoriety and great influence with his methodology of interest law based on Jhering . He derived it from the term jurisprudence and developed it further. The term jurisprudence had tried to establish a coherent system of legal terms, which was so logically contained that a legal interpretation by the judge should no longer be necessary . The jurisprudence of interests suggested to the judge, when interpreting legal norms, to consider the interests on which the (historical) legislature had based its legislative decision. Taking into account this legislative evaluation of interests, he should deal with the pending individual case, interpret it in “thinking obedience” and decide. On the other hand, he fought, sometimes polemically, the so-called Free Law School , which advocated greater freedom of the judge in interpretation.

Thus, the historical interpretation is the central methodological element for determining the purposes that the legislature had in mind. Heck wants to realize the judgments made by the legislature without being falsified by judicial judgments. Heck's interest jurisprudence is thus a democratic method in the sense of a functioning separation of powers that respects that violence emanates from the people and is expressed through laws that pursue certain political purposes. The judges' judgments are to be worked out in thoughtful obedience and to be followed in the decision of the living case.

Gap theory

Heck was the first to identify the gaps in the legal system as "valuation gaps " methodically and conceptually. The term jurisprudence was based on a complete legal system.

Replacement by Larenz's doctrine of the normative power of everyday life

At the time of National Socialism , Heck's democratic legal method of interest jurisprudence met with increasing criticism. Karl Larenz and others - above all legal scholars close to the Kiel School - described interest jurisprudence as the methodology of a liberalist and bourgeois age that had been overcome. Heck himself countered this criticism by approaching National Socialism and trying to ideologically adapt his doctrine of interest jurisprudence to Nazi legal doctrine.

Further teaching

He held further lectures on civil law, bill of exchange law and private international law . The expression “ paschal position ” for the creditor in the aggregate debt goes back to Philipp Heck . However, his studies on Frisian legal history, which arose in Halle during the time, or the work on German legal history (especially on the Sachsenspiegel ) are hardly of any significance .

Works

  • The problem of gaining rights. 1912.
  • Interpretation of law and interest jurisprudence. 1914.
  • Caring and county farmers in Ostfalen. 1916.
  • The classification of the Saxons in the early Middle Ages. 1927.
  • Outline of the law of obligations. 1929.
  • Outline of property law. 1930.
  • Concept formation and interest jurisprudence. 1932.
  • Blood and status in the Old Saxon law and in the Saxon mirror. 1935.
  • The abstract real legal transaction. 1937.

literature

Web links
personal data
SURNAME Heck, Philipp
ALTERNATIVE NAMES Heck, Philipp von
BRIEF DESCRIPTION German lawyer
DATE OF BIRTH July 22, 1858
PLACE OF BIRTH St. Petersburg
DATE OF DEATH June 28, 1943
Place of death Tübingen