Philipp Jakob Heisler

from Wikipedia, the free encyclopedia

Philipp Jakob Heisler (born November 30, 1718 in Lautenberg ; † November 24, 1781 in Halle (Saale) ) was a German legal scholar.

Life

Born as the son of the innkeeper and baker Johann Heisler and his wife Regine (née Feiner), he was baptized Catholic on December 3rd. He was later sent to Konstanz , where his uncle had become dean and taught him. Then he went to the Jesuit school in Mindelheim and attended high school in Augsburg . Since Heisler felt called to be a clergyman, he successfully applied for a caring role in the Grünebach office . In the meantime he continued his studies and after training in philosophy, morals, polemics and spiritual law, he was to be accepted as a monk in a monastery.

Philipp Jakob Heisler entered a Benedictine monastery as a novice , which he left after nine weeks due to the strict rules of the order. He returned to Augsburg, became a private teacher of philosophy and converted to the Evangelical Lutheran faith. Since he had problems with his denomination in Augsburg, he fled from there and arrived at the University of Halle on October 14, 1741 , where he matriculated as a theology student and found accommodation in the orphanage of the Francke Foundations . There he worked as a teacher for a year and gave Latin lessons in the city as a private teacher. Heisler made the acquaintance of Christian Wolff and attended his lectures. Since he no longer saw any perspective in theology, he switched to law. Daniel Nettelbladt (1719–1791) in particular had encouraged him, so that he was soon able to give lectures himself.

On October 14, 1750 he received his doctorate in law with the graduate thesis De pupillariter substituto haeredes legitimos, praecipue matrem pupilli excludente , and from 1752 was associate professor and assessor of the law faculty. On January 22, 1754 he became full professor of law and fourth full assessor of the law faculty, rose to the third professorship in 1763 and he was second professor of law in 1776. Heisler's strengths consisted in civil, embarrassing and spiritual law. However, critics of his time did not consider him a deep-thinking lawyer. Heisler had also taken on organizational tasks at the Halle University and was Vice-Rector of the Alma Mater in 1762/63, 1772/73, 1780/81 .

Works

His dissertations were published in Halle in 1776 in a separate anthology under the title Exercitationuin acadeinicarum ad divcrfas materias inris perlinentium Fasciculus de annis. 1750-1775. His literary remarks are:

  1. Diss. Inaug. de pupillariter substituto heredes legítimos, praecipue matrem pupilli excludente. Hall 1750
  2. Diss. De jure retentionis. Hall 1751
  3. Diss. De rei nunquam possessae per actionem Publicianam vindicatione. Hall 1751
  4. Diss.de iustis poenam mitigandi caussis in criminibus. Hall 1752
  5. Diss. De liberis; positis in conditione, comprehensis etiam, in dispositione. Hall 1554
  6. Diss. De nuda proprietate pleno dominio, ut et proprietatis domino servitutem imponente; occ. L. 4 and 15 in fin. D. de usufr. Hall 1756
  7. Diss. De iure accrescendi in legatis semper iure non decrescendi. Hall 1759
  8. Diss. De expensis criminalibus in Processu Inquisitionis. Hall 1769
  9. Diss. De Commendatore Teutonico, patrono ecclesiae, quae Commendaturae incorporata, non vulgari. Sectio prior. Halle 1770, where he only chaired.
  10. Epistola gratulatoria de Decimis Hebraeorum. Hall 1770
  11. Diss. De fratrum germanorum liberis, sive cum fratris defuncti unilaterali, sive cum fratris unilateralis filiis, sive cum thiis defuncti concurrant, secundum Novellam CXVIII. cap. 3. in representation in stirpes succedentibus. Hall 1775
  12. Discussion of the legal question: whether in which easements the master of the servant property ought to be owed to repair? In: Weekly Halle advertisements. 1754, no.37, 38
  13. Legal examination of the common sentence in the legal truth that the negative easements are obtained through mere contracts without handover. In: Weekly Halle advertisements. 1756, No. 22. 23,
  14. Legal discussion of the question: whether someone who is publicly engaged to a person, but subsequently sleeps on their biological sister, could get permission from high authorities to marry this or that person? In: Weekly Halle advertisements. 1757. N. 41, 42
  15. The 172nd u. 174th article of the embarrassing neck court • Kayser Carl's order of the fifth, from which beliefs a. of the liturgy of the Roman Church. In: Weekly Halle advertisements. 1785, no. 36-40
  16. Of the effect of the tacit Codicillar Clause, especially in the case when the tester passed over in silence those persons to whom he owes a duty. In: Weekly Halle advertisements. 1759, nos. 41-44
  17. Unpredictable thoughts on some principles to be set in the business of equalizing the damage suffered by enemy invasion. In: Weekly Halle advertisements. 1761, No. 45-47
  18. From the proof of a right emergency defense. In: Weekly Halle advertisements. 1764, nos. 43-46
  19. Repeated discussion of the legal question: who is guilty of repairing which servitutes. In: Weekly Halle advertisements. 1765, nos. 1-14
  20. The statute of limitations for incest and other carnal intermingling in forbidden degrees. In: Weekly Halle advertisements. 1767, nos. 18-21
  21. Whether the admission of a Jewish oath against a Christian is questionable? In: Weekly Halle advertisements. 1770, no.17, 19, 20, 21
  22. Whether a son's marriage to his stepmother's mother is legal? In: Weekly Halle advertisements. 1772, nos. 24-26
  23. Marital connection with the stepson's post-widow, as well as with the deceased stepdaughter Mann. In: Weekly Halle advertisements. 1774, nos. 13-16
  24. On the admissibility of a marriage with the brother's daughter. In: Weekly Halle advertisements. 1775, No. 30-39
  25. Discussion of the question: whether a person who borrows money under paternal authority, but pays something of it after having dealt with such authority, owes something to pay the back wall? In: Weekly Halle advertisements. 1777, no. 10-13
  26. Are parents authorized to disinherit their children who marry against their will? In: Weekly Halle advertisements. 1779. Nos. 5-8

literature

  • Johann Georg Meusel : Lexicon of the German writers who died from 1750 to 1800. Gerhard Fleischer d. J. Leipzig, 1805, 5th vol., P. 316 ( online )
  • Christoph Weidlich : Complete list of all on the Königl. Preussl. Friedrichs Universität zu Halle from its foundation to the present day legal disputations and programs, with some literary comments. In addition to the attached succession of all legal scholars of this famous university and their brief biographies. JC Hendel, Halle, 1789, p. 52 in the biographical part
  • Johann Friedrich Schulte: The history of the sources and literature of Canon law. F. Enke, Stuttgart, 1880, 3rd vol.
  • Georg Christoph Hamberger / Johann Georg Meusel: The learned Teutschland. ( Online )
  • Christoph Weidlich: Biographical news from the legal scholars living now in Germany. ( Online )

Web links

personal data
SURNAME Heisler, Philipp Jakob
BRIEF DESCRIPTION German legal scholar
DATE OF BIRTH November 30, 1718
PLACE OF BIRTH Lautenberg
DATE OF DEATH November 24, 1781
Place of death Halle (Saale)