Robert Bartsch

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Robert Bartsch (born July 23, 1874 in Mödling ; † May 30, 1955 in Vienna ) was an Austrian lawyer and university professor .

Life

Robert Bartsch was born the son of a judge . He attended a grammar school in Vienna from 1884 to 1892 and after graduating from high school he studied law and history at the University of Vienna from 1892 to 1897 . After completing his studies, Bartsch served as a judge at various Viennese courts from 1897–1901 before becoming a Dr. iur. PhD . In 1899 he passed the judge's examination and then worked in Vienna from 1901 to 1906 as prefect of law at the public high school of the Theresian Academy Foundation , called Theresianum .

1905 habilitation Bartsch through the recognition of two works for Legal History and started as a part time lecturer to teach at the University of Vienna. From 1906 to 1917 he provided legislative service in the Imperial and Royal Ministry of Justice, where he rose to the Section Council . His areas of work at the time were theater law, bankruptcy law, motor vehicle law, copyright law and child welfare. In 1911 he became an associate professor at the law faculty of the University of Vienna and in 1912 the license to teach was extended to include Austrian private law . His teaching and examinations knew Bartsch continue part-time because it 1918-1922 in the Ministry of Social Administration as Ministerial held the Chair of the section child care. In 1917 Bartsch was awarded the title of court councilor . In 1918 he became a full professor at the University of Vienna and read there from 1925 to 1938 on welfare work, still part-time. From 1921 he was - also part-time - a lecturer and honorary lecturer at the University of World Trade .

1922-1933 he worked as a councilor at the Vienna Administrative Court. In 1933 he was appointed President of the Senate, which is why he entered the Federal Court of Justice in 1934 , which he also served as acting President for two months. In March 1934, Bartsch considered it his primary duty to systematize the newly enacted legal norms of the Austro-fascist state and to facilitate their application.

At the end of Austrofascism and as a result of its active cooperation with the Estates dictatorship, after the annexation of Austria in April 1938, Bartsch was briefly withdrawn from all teaching and examination powers. In the following proceedings, however, Bartsch was able to prove that he always had a markedly German national attitude and had been active in the German Club as well as in the German-Austrian Working Group and the Society of Jurisprudence. In this way, the accusation that he was wrong in Jewish society could at least be compensated. That is why Bartsch was awarded the Venia Legendi again in the autumn of the same year , and he was accepted into the Reichsdienst.

Bartsch followed the Nazi ideology and terminology across the board. He wrote: “The aim of education is the physically and mentally healthy, morally stable person, who is race-consciously rooted in blood and soil and who is obliged and connected to the people and law.” In view of these clear words from Bartsch's pen, his astonishing published only ten years later Self-assessment in which he believes he is far from 'radicalism' and 'buzzwords' and emphasizes that he 'never actively participated' in politics.

Also following the annexation of Austria, Bartsch took over the interim management of the professorship for German law at the University of Vienna from 1938 to 1940, despite his retirement in 1939 due to reaching the age limit and at the same time being honored by an honorary professorship at the University of Vienna. Bartsch's admission to the NSDAP in 1940 under the number 8.225.202 cannot be explained professionally.

After the end of the National Socialist regime , in 1945 Bartsch was initially acting head of the Institute for Law at the University of Vienna. However, Bartsch's final retirement took place on December 13, 1945 with immediate effect, not primarily for reasons of age - Bartsch was now 71 years old - but mainly because of his membership in the NSDAP. Therefore, on the same day, all of his teaching and examination powers were terminated.

Publications

  • The Motor Vehicle Act (Automobile Liability Act). Law of Aug. 9, 1908. With amendment to trans. d. Case law DKK Supreme Court . Manz, Vienna 1913.
  • Civil law with special consideration of the conditions in the Danube and Alpine Gauces . Administrative Academy, Vienna 1934.
  • Motor vehicle liability law and private motor vehicle driver law with amendment ue overview d. Jurisprudence including d. relevant standards in particular. Motor Vehicle Act 1937, Motor Vehicle Ordinance 1937 u. Road Police Principle Act . Manz, Vienna 1937.
  • Robert Bartsch. (Autobiography). In: Nikolaus Grass (Hrsg.): Austrian law and political science of the present in self-portrayals . Universitätsverlag Wagner, Innsbruck 1952, pp. 21–39.

literature

  • Clemens Jabloner : Farewell to a Senate President . In: Metin Akyürek, Gerhard Baumgartner , Dietmar Jahnel, Georg Lienbacher , Harald Stolzlechner (eds.): State and law in a European perspective. Festschrift Heinz Schäffer . Manz'sche publishing and university bookstore , Vienna 2006, ISBN 978-3-406-55037-9 , p. 295-311 .
  • Oliver Rathkolb: The law and political science faculty of the University of Vienna between anti-Semitism, German nationalism and National Socialism. In: Gernot Heiss and others (ed.): Willing science. The University of Vienna 1938–1945 . (= Austrian texts on social criticism. Volume 43). Verlag für Gesellschaftskritik, Vienna 1989, pp. 197–232.
  • Ines Rössl: The dangerous 'neutrality' of lawyers. In: Juridikum: Journal for Criticism - Law - Society , Issue 2/2011, pp. 137-139 ( PDF; 1.4 MB ).
  • Irmgard Schartner: The constitutional lawyers of the law faculty of the University of Vienna in the 'onslaught' of National Socialism. Breaks and continuities . Peter Lang, Frankfurt am Main 2011.
  • Gunter Wesener: Beginnings and Development of the 'Austrian History of Private Law' in the 19th and early 20th Century. In: Zeitschrift für Neuere Rechtsgeschichte , Volume 28, 2006, pp. 364–408.

Individual evidence

  1. ↑ Ines Rössl: The dangerous 'neutrality' of lawyers. In: Juridikum: Journal for Criticism - Law - Society , Issue 2/2011, pp. 137-139, here p. 137 ( PDF; 1.4 MB ).
  2. ↑ Oliver Rathkolb: The law and political science faculty of the University of Vienna between anti-Semitism, German nationalism and National Socialism. In: Gernot Heiss and others (ed.): Willing science. The University of Vienna 1938–1945 . (= Austrian texts on social criticism. Volume 43). Verlag für Gesellschaftskritik, Vienna 1989, pp. 197–232, here p. 212.
  3. ↑ Ines Rössl: The dangerous 'neutrality' of lawyers. In: Juridikum: Journal for Criticism - Law - Society , Issue 2/2011, pp. 137–139, here p. 138 ( PDF; 1.4 MB ).
  4. ^ Robert Bartsch: Civil law with special consideration of the conditions in the Danube and Alpine Gau . Administrative Academy, Vienna 1943, p. 51.
  5. ↑ Ines Rössl: The dangerous 'neutrality' of lawyers. In: Juridikum: Journal for Criticism - Law - Society , issue 2/2011, pp. 137–139, here p. 139 ( PDF; 1.4 MB ).
personal data
SURNAME Bartsch, Robert
BRIEF DESCRIPTION Austrian lawyer and university professor
DATE OF BIRTH July 23, 1874
PLACE OF BIRTH Mödling
DATE OF DEATH May 30, 1955
Place of death Vienna