Rudolf Stammler

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Karl Eduard Julius Theodor Rudolf Stammler (born February 19, 1856 Alsfeld , † April 25, 1938 in Wernigerode ) was a German legal philosopher .


Rudolf Stammler studied law in Giessen and Leipzig . In 1877 he wrote his dissertation on the theory of emergencies in criminal law . In 1880 he completed his habilitation in Roman law . From 1882 to 1884 Stammler was an associate professor in Marburg and from 1884 to 1885 a full professor in Gießen. From 1885 to 1916 he was full professor in Halle (Saale) . In 1913 he founded the magazine for legal philosophy . In 1916 Stammler was appointed to a chair at the Friedrich-Wilhelms-Universität zu Berlin , which he held until 1923. He received an honorary doctorate from the Technical University of Dresden . In 1933 he was elected to the American Academy of Arts and Sciences .

Stammler was close to the Marburg neo-Kantianism and on this basis strove for a renewal of the legal philosophy . According to the idea developed in the widely received book “Economy and Law” (1896; second edition 1906), “the economy” constitutes the matter of social life, while “the law” represents its form. Max Weber devoted an extremely violent criticism to Stammler's book, which he denied "not much less than the scientific right to exist in general".

During his creative time in Halle, Stammler was one of the most important initiators within the reform movement of university law teaching. Stammler's thoughts on questions of legal pedagogy - they mainly concerned the improvement of the teaching of law from within, i. H. Legal instruction should be based on generally recognized, pedagogically and scientifically founded principles - improved legal training . Stammler's endeavors were taken up by Paul Krückmann and expanded further.

At the time of National Socialism, he was a member of the Legal Philosophy Committee of the Academy for German Law founded by Hans Frank .

Rudolf Stammler was the father of the Germanist Wolfgang Stammler and the philosopher Gerhard Stammler .


  • The treatment of Roman law in the legal study after the introduction of the German Reich Civil Code. Academic inaugural speech. Mohr, Freiburg 1885.
  • Practical pundit exercise for beginners. Veit, Leipzig 1893.
  • Economy and law according to the materialistic conception of history. A socio-philosophical investigation. Veit & Comp., Leipzig 1896.
    • Economy and law according to the materialistic conception of history. A socio-philosophical investigation. Second improved edition. Veit & Comp., Leipzig 1906.
  • Theory of Law. Scientia, Aalen 1970. Reprint of the 2nd edition Halle 1923.
  • Textbook of Legal Philosophy. de Gruyter, Berlin 1970. 3rd possible edition. Unchanged photomechanical reprint: de Gruyter, Berlin, Leipzig 1928.
  • The Doctrine of Right Right. Wissenschaftliche Buchgesellschaft, Darmstadt 1964. Unchanged reprographic reprint of the revised edition: Halle (Saale) 1926.


  • Edgar Tatarin-Tarnheyden : Festgabe for Rudolf Stammler for his 70th birthday on February 19, 1926. Berlin, Leipzig 1926.
  • Herbert Claessen: Rudolf Stammler's importance for the theory of natural law and the idea of ​​aequitas. Dissertation. Cologne 1968.
  • Julius Ebbinghaus: Kant's legal theory and the legal philosophy of Neo-Kantianism. In: Julius Ebbinghaus: Philosophy of Freedom. Practical Philosophy 1955–1972. Eds. G. Geismann and H. Oberer ( collected writings. Vol. 2). Bonn 1988, pp. 231-248.
  • Wolfgang Kersting: Neo-Kantian legal justification. Legal term and correct law in Cohen, Stammler and Kelsen. In: R. Alexy, LH Meyer, St. L. Paulson, G. Sprenger (eds.): Neo-Kantianism and legal philosophy. Baden-Baden 2002.
  • Julius Binder : Legal Concept and Legal Idea - Comments on Rudolf Stammler's Philosophy of Law. Leipzig 1915.

Web links

Individual evidence

  1. Honorary doctoral students of the TH / TU Dresden. Technical University of Dresden, accessed on February 1, 2015 .
  2. Max Weber: R. Stammler's "Ueberwindung" der materialistic view of history, in: Archives for Social Science and Social Policy, 24th volume, Issue 1, 1907, pp. 94–151 (Max Weber Complete Edition. Volume I / 7: To logic and Methodik der Sozialwissenschaften, edited by Gerhard Wagner, Tübingen 2018, pp. 487–571); against the conception of law as the “form” of social life here: p. 142 (MWG I / 7, p. 560f.).
  3. ^ Entry on Rudolf Stammler in the Catalogus Professorum Halensis