Richard Loening

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Richard Loening
Grave site of the Loening family in the Johannisfriedhof in Jena

Jakob Bernhard Richard Loening , actually Jakob Bernhard Richard Löwenthal , (born August 17, 1848 in Frankfurt am Main , † September 18, 1913 in Jena ) was a German legal scholar.

Life

Richard came from an originally Jewish family. He was born the third of five children of the publisher Karl Friedrich Loening and his wife Anna Louise Reinach (born April 6, 1812 - March 6, 1884 in Halle (Saale)), who was married on July 4, 1838 in Mainz. Since the parents converted to the Protestant faith, Richard was also baptized as a member of the Protestant community with the name Jakob Bernhard Richard Löwenthal and when his parents took the surname Loening in 1857, he received the same. After initial training, Richard became a pupil at the municipal high school in his hometown in 1857 . When he had passed his school leaving examination, he moved to the University of Heidelberg , where he joined the Allemannia fraternity on April 19, 1866 and enrolled at the university on April 28, 1866. Here he became a student of Johann Caspar Bluntschli .

He continued his studies in the summer semester of 1868 at the Royal Friedrich Wilhelms University in Berlin , where Loening received the title magna cum laude for Doctor of Laws on December 4, 1869 with the treatise Quid statuendum sit de eo, qui condemnatus in crimen reciderit PhD. He then took up a position in the Prussian civil service and worked as a trainee lawyer in his hometown from May 25, 1870. With the outbreak of the Franco-Prussian War , Loening entered military service on July 31, 1870 and participated in the same in the Landwehr. When this was over, he resigned as a lieutenant in the Landwehr, was decorated with the war commemorative coin , the Landwehr service award 2nd class and later the Zentenar medal. On August 1, 1871, he took over his traineeship in Frankfurt am Main again and on March 1, 1873, moved to Bonn in the same position .

During this time he decided to pursue an academic career. So he gave up his position on March 1, 1874 and then prepared for his habilitation at the University of Heidelberg. After defending the topic of the origin and legal significance of the penal clauses contained in the old German documents , he received his habilitation on July 31, 1875 at the law faculty in Heidelberg and began teaching in the winter semester of 1875/76. This was so successful that on July 1, 1878, he was appointed associate professor of law. Apparently Loening had not seen any further academic prospects in Heidelberg, because when he received an appointment at the University of Jena on April 1, 1882 , he followed it. In the summer semester of 1882 he became a full professor for criminal law, criminal and civil proceedings in Jena, which task began on April 29 of that year with the inaugural address on the historical and unhistorical treatment of German criminal law. Here, as a criminal lawyer, he mainly devoted himself to the theory of attribution and placed great value on a legal historical questioning of legal sources.

In addition, Loening participated in the organizational tasks of the university. He was dean of the law faculty in various semesters and rector of the alma mater in the summer semesters of 1889, 1897 and in 1907/08 . For the latter purpose, he had the inaugural speech on June 22, 1889, on the justification of criminal law , on June 19, 1897, the speech on older legal and cultural conditions at the Princely Saxon University of Jena and on June 15, 1907, the speech on root and Essence of law held . In 1907 Loening drafted the new university statute for the Salana, acted as the university's finance representative and, after the death of August Thon, became a full professor of the law faculty. But not only did he receive academic honors, the potentates of Saxe-Weimar-Eisenach also valued his work. In 1898 Loening was appointed a secret councilor, commander of the Saxon-ducal order of the white falcon and first class knight of the Saxon Ernestine house order .

Loening married on August 12, 1877 in Malberg near Freiburg in Baden with Margarethe Hedwig Elisabeth Heinze (born March 3, 1858 in Dresden, † July 1928 in Jena), the daughter of Heidelberg law professor Karl Friedrich Rudolf Heinze (born April 10, 1825 in Saalfeld; † May 18, 1896 in Heidelberg) and his wife Elise Henriette von Zastrow (1834–1915), who married April 20, 1857. There are children from the marriage. One knows the daughter Elisabeth Loening (* July 21, 1880; † January 19, 1940), the son Hans Loening (* July 21, 1882 in Jena; † September 8, 1915 near Hornsriff ) fell in the First World War as an imperial lieutenant captain and the Son Hellmuth Loening (* July 6, 1891 in Jena, † 1978 in Bad Godesberg), who made a lasting impression as a legal scholar in the young GDR.

Works (selection)

  • Quid statuendum sit de eo, qui condemnatus in crimen reciderit. Inaugural dissertation. Berlin 1869.
  • About the origin and legal meaning of the penal clauses contained in the old German documents. Strasbourg 1875.
  • The breach of contract and its legal consequences. Volume 1, Strasbourg 1876 (reprinted Aalen 1982)
  • The cleaning oath in unjudicial actions in the German Middle Ages. Heidelberg 1880.
  • The counterclaim in the Reich civil case. Berlin 1881.
  • About the historical and unhistorical treatment of German criminal law. Berlin 1883.
  • Floor plan for lectures on German criminal law. Frankfurt am Main 1885.
  • The criminal liability of the responsible editors. Jena 1889. (As a special for Rudolf von Gneist)
  • About the justification of criminal law. Jena 1889.
  • Shakespeare's Hamlet tragedy. Stuttgart 1893.
  • About older legal and cultural conditions at the Princely Saxon Total University of Jena. Jena 1897.
  • Breach of employment contract. Jena 1898.
  • Aristotle's theory of attribution. Jena 1903. (Reprint 1967, Goldbach 1995, Hildesheim 2013; also under the title: History of criminal attribution theory)
  • About the root and essence of law. Jena 1907.
  • The statute of limitations, §§ 66-72 RStrGB. Berlin 1907. (Article)

literature

  • JW Hedemann: Richard Loening †. In: Deutsche Juristen-Zeitung. Otto Liebmann, Berlin 1913, vol. 18, p. 1184. (online)
  • German Order Almanac. Berlin 1908/09, column 916. (digitized version )
  • Hermann August Ludwig Degner : Who is it? Contemporary Lexicon. 4th edition. Degner, Leipzig 1912, p. 969.
  • Richard Kukula: Bibliographical yearbook of German universities. Wagner, Innsbruck 1892, p. 926. (online)
  • Klaus-Peter Schroeder : A university for lawyers and by lawyers. The Heidelberg Faculty of Law in the 19th and 20th centuries. Mohr Siebeck, Tübingen 2010, ISBN 978-3-16-150326-9 , p. 332 ff.
  • Elisabeth Schmuhl: Richard Loening (1848–1913) - A criminal lawyer of the "historical school" life and work. Richard Boorberg Verlag, Stuttgart 2011, ISBN 978-3-415-04654-2 . ( Online reading sample )

Web links

Commons : Richard Loening  - collection of images, videos and audio files

Individual evidence

  1. ↑ The date of death is often given as September 19th, sometimes due to a transmission error also September 13th, which probably all refer to the report in the Jenaische Zeitung of September 20th, 1913, where the author said yesterday "Yesterday afternoon is one of the most famous members of our university,..., recalled by death " . (cf. the obituary in Jenaische Zeitung of September 20, 1913. online ) However, on his tombstone the date of death is September 18. This can be explained by the fact that the author of the article in the Jenaische Zeitung wrote his article on September 19 and it was published the following day.
  2. ↑ Gustav Toepke, Paul Hintzelmann: The matriculation at the University of Heidelberg, from 1846 to 1870. Volume 6, Carl Winter, Heidelberg 1907, S. 562 (online)
  3. ^ Royal University Library of Berlin: Directory of Berlin University Writings, 1810–1885. W. Werer, Berlin 1899, p. 45 (online)
  4. ^ A. Brinz, J. Pözl: Critical quarterly for legislation and jurisprudence. Volume 19, Oldenbourg, Munich 1877, p. 39.
  5. ^ Journal for the entire study of constitutional law. Volume 3, p. 219 ff.
  6. ↑ cf. Rector's speeches of the historical commission Munich (online)
personal data
SURNAME Loening, Richard
ALTERNATIVE NAMES Loening, Jakob Bernhard Richard (full name); Löwenthal, Jakob Bernhard Richard (real name)
BRIEF DESCRIPTION German legal scholar
DATE OF BIRTH 17th August 1848
PLACE OF BIRTH Frankfurt am Main
DATE OF DEATH September 18, 1913
Place of death Jena