Philipp Lotmar

from Wikipedia, the free encyclopedia
Philipp Lotmar

Philipp Lotmar (born April 8, 1850 in Frankfurt am Main ; † May 29, 1922 in Bern ) was a German lawyer , Roman lawyer and the founder of modern labor law .

Life and work

Philipp Lotmar was Professor of Roman Law at the Faculty of Law at the University of Bern from 1888 until his death on May 29, 1922 . In these 34 years at the University of Bern he was dean four times (he was dean shortly after his appointment in 1889/1890 and later in 1899/1900, 1905/1906, 1912/1913) and once rector (at 47 Years he was rector from 1897 to 1898). Lotmar received his doctorate in 1875 "On causa in Roman law" at the University of Munich under one of the greatest pandectists , Alois von Brinz (1820–1887). In 1876 he completed his habilitation on the legis actio sacramenti in rem at the University of Munich. His most successful achievement is not in Roman law, but in labor law and is the monograph in two volumes "The employment contract according to the private law of the German Empire" from 1902 and 1908, which Max Weber praised as a "complete achievement". Because of his work in labor law, he was awarded an honorary doctorate at the Cologne Faculty of Law on March 21, 1921 and is considered to be one of the founding fathers of modern labor law in Europe.

Lotmar also made an important contribution to the city of Bern. He felt politically very close to the Bernese: “I don't want to give you testimonies today (...) that I can hear the praise of my predecessor (Julius Baron) everywhere, whose popularity I can never achieve by nature, although I am political I am much closer to my new compatriots than he is ”. Lotmar, for example, was the only university professor to lead the May 1st parades with a red ribbon. It is also significant that he impressed the painter Paul Klee, a school friend of his son Fritz, with his enthusiastic support for the Russian Revolution of 1905. Lotmar is said to be the originator of the words "Curia Confoederationis Helveticae", which are in gold letters on the front of the Federal Palace.

Lotmar died before he could complete and publish his last work "The Roman Law of Error", which he himself considered to be his main Romanistic achievement. He had worked on this monograph for several years and wrote 2,000 pages by hand. The work was published posthumously in 2019, edited by I. Fargnoli.

Publications

Among his numerous publications, the following contributions should certainly be mentioned:

  • About causa in Roman law. Contribution to the doctrine of legal transactions. Munich 1875.
  • To the legis actio sacramento in rem. Munich 1876.
  • Critical studies in matters of contravindication. Munich 1878.
  • Of the right that is born with us. Justice. Two lectures (given in Bern 1891), Bern 1893 (I, pp. 7–46, II, pp. 49–95).
  • The service contract of the second draft of a civil code for the German Reich. In: Arch. F. social legislation and Statistics. Volume 8, 1895, pp. 1-74.
  • The immoral contract, especially under common law. Leipzig 1896.
  • The freedom to choose a career. Rector's speech given on December 4, 1897. Leipzig 1898.
  • The collective agreements between employers and employees. In: Arch. F. social legislation and Statistics. Volume 15, 1900, pp. 1-122.
  • The employment contract according to the private law of the German Reich. Volume I, Leipzig 1902.
  • The employment contract according to the private law of the German Reich. Volume II, Leipzig 1908.
  • The Roman law of error. Ed. I. Fargnoli. Vittorio Klostermann Verlag, Frankfurt am Main 2019, (posthumous).

literature

  • M. Rehbinder (Ed.): Swiss employment contract law. Demands on the legislature. Collected Writings. Bern 1991.
  • J. Rückert (Ed.): Philipp Lotmar - Writings on labor law, civil law and legal philosophy. Frankfurt am Main 1992, ISBN 3-8051-0110-4 .
  • L. Nogler: Philipp Lotmar (1850-1922). In: Lavoro e diritto. 1/1997, pp. 129-138, doi: 10.1441 / 4386 .
  • C. Gasser: Philipp Lotmar 1850–1922, professor at the University of Bern. Frankfurt am Main 1997.
  • P. Caroni (Ed.): Research volume Philipp Lotmar (1850–1922). Frankfurt am Main 2003.
  • I. Fargnoli (ed.): Philipp Lotmar - last pandectist or first labor lawyer? Vittorio Klostermann Verlag, Frankfurt am Main 2014, ISBN 978-3-465-04222-8 .
  • I. Fargnoli: Philipp Lotmar and the Swiss Lawyers Association. In: PV Kunz, J. Weber, A. Lienhard, I. Fargnoli, J. Kren Kostkiewicz (eds.): Bernese thoughts on law. Determination of the law faculty of the University of Bern for the Swiss Lawyers' Day 2014. Stämpfli, Bern 2014, pp. 531–541.
  • I. Fargnoli: Tra 'error' e 'locatio conductio'. Il percorso scientifico di Philipp Lotmar (1850–1922) (1.). In: Studi in onore di Giorgio De Nova. Volume II, Giuffrè, Milano 2015, pp. 1173–1193.
  • I. Fargnoli: Between enthusiasm and bitterness. Eugen Huber in the mirror of Philipp Lotmar's letters. In: I. Fargnoli, U. Fasel (ed.): The power of tradition in the law of easement and Eugen Huber. Stämpfli, Bern 2016, pp. 15–31.
  • Luca Nogler: Philipp Lotmar e la scoperta del sistema dei contratti di lavoro (“più sono le libertà riconosciute dal diritto più grande è il contenuto della libertà” dell'individuo). In: Da Gama Lobo Xavier Bernardo et al. (Ed.): Estudios de Dereito do Trabalho. Em Homanagem ao Professor António Monteiro Fernandes. NovaCausa, Lisboa 2017, ISBN 978-989-8515-51-3 , pp. 45–70.
  • I. Fargnoli: The missed legacy of Philipp Lotmar in Swiss law of error. In: I. Fargnoli, U. Fasel (Hrsg.): Views of Roman jurists and their continued effect up to the current Swiss law. Stämpfli, Bern 2018, pp. 19–35.
  • I. Fargnoli: L'errore in diritto romano di Philipp Lotmar (1850-1922) tra storia e dogmatica. In: L. Gagliardi (Ed.): Antologia romanistica ed antiquaria. Volume 2, Giuffrè Francis Lefebvre, Milano 2018, pp. 293-312.

Web links

Individual evidence

  1. ↑ M. Weber, review by Ph. Lotmar, Der Arbeitsvertrag. According to the private law of the German Empire, first volume. In: Archives for Social Legislation and Statistics. Volume 17, 1902, p. 723.
  2. ↑ P. Klee: Diaries: 1898-1918. [F. Klee ed.] Cologne 1979, p. 171, who tells how 'Professor Lotmar' inspired him at the end of December 1904 (shortly before the outbreak of the Russian Revolution on January 9, 1905) to read Oscar Wilde's work: 'Socialism and the soul of man '.
  3. ↑ Philipp Lotmar: The Roman law of the error. Ed. I. Fargnoli. Vittorio Klostermann Verlag, Frankfurt am Main 2019.
personal data
SURNAME Lotmar, Philipp
BRIEF DESCRIPTION German legal scholar and pandectist
DATE OF BIRTH April 8, 1850
PLACE OF BIRTH Frankfurt am Main
DATE OF DEATH May 29, 1922
Place of death Bern