Samuel Stryk

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Samuel Stryck at the age of 56, engraving by August Christian Fleischmann
Samuel Stryk

Samuel Stryk , also: Sticke, Stryck, Striccius, Strick, Stricke, Stryckius, Stryke, Stryken, Strykius (born November 22, 1640 in Lenzen ; † July 23, 1710 in Halle (Saale) ), was a German lawyer. He is considered one of the most important representatives of the development history of German law in the 17th and 18th centuries, the Usus modernus pandectarum .

life and work

Stryk was the son of the bailiff Elias Stryck in Brandenburg and his wife Eva, the daughter of the clerk Georgius Calov from Zedenick. First he attended school in his hometown, then the school in Seehausen and the grammar school in Cölln . Prepared in this way, he enrolled on June 9, 1658 at the University of Wittenberg , where he first attended lectures at the philosophical faculty with Johann Sperling and Georg Kaspar Kirchmaier . After he had decided to study law instead of theology, Caspar Ziegler and Wilhelm Leyser II were initially his teachers. In 1661 he moved to the University of Frankfurt (Oder) , where he held the disputations de ordinariis regnum consequendi modis and de Dardanariis .

He then went on an educational trip and visited the universities in Oxford , Leiden , Utrecht , Groningen , Franeker and Leuven . When he returned to Frankfurt (Oder) , he accompanied two distinguished people to Italy and France. Since he wanted to continue his studies, however, his ways led him back to Frankfurt (Oder), where he obtained the academic degree of a licentiate in law on May 11, 1665 and received his doctorate in law on December 17 .

Thereupon he received an extraordinary professorship and dealt one after the other with all four works of what is now known as the Corpus iuris civilis . At first he was responsible for the so-called novellas . This is legislation that was passed under the late ancient Emperor Justinian . According to the rules of the university, he moved in June 1668 the full professor of the gaianischen institutions anabolic Justinian institutions on. In short, it was the elementary beginners' textbook of Roman law . After the death of his father-in-law Johann Brunnemann , in 1672 he took over the professorship of Digest , the textbook for advanced learners in teaching. After the death of Philipp Jacob Wolf , he took over the professorship of the Codex in 1680 . These were imperial laws that had been enacted from the 2nd century up to Justinian. After Johann Friedrich Rhetz left for Berlin as a privy councilor, Stryk became dean of the law faculty. During his tenure in Frankfurt he was promoted to rector of the university three times .

When his former Wittenberg teacher Caspar Ziegler died in 1690, the Saxon Elector Johann Georg III negotiated . von Sachsen to fill the position with the Brandenburg Elector Friedrich Wilhelm von Brandenburg , since Stryk was considered an excellent expert on Roman law. An agreement was reached and he was signed to the university for a salary of 500 guilders. In Wittenberg he published the first “Specimen” of his main civil law work, the “Usus modernus Pandectarum”. In this work, Stryk successfully demonstrated a middle ground between Roman private law and older German law .

The starting point for his book, which would ultimately be eponymous for the entire epoch, was that he saw Roman law in its entirety as a collection of rules of customary law . The rules became justified because they became “usus”. This ancient Roman term “usus” denotes the custom and perpetual use of the rules over a long period of time and leads to a take-over and takeover step by step during the time of reception. The customary law reception of the rules, which does not happen suddenly, but little by little, allows it to be possible in each individual case to check to what extent local regulations remain valid and have not been replaced by Roman law to the contrary. As a stipulation, he assumed that Roman law could only have a subsidiary effect. In doing so, he stood in opposition to the doctrine of the statutes practiced by the majority and, in case of doubt, preferred local law. In making his assumptions, Stryk built on Conring's refutation of the Lothar legend .

In 1692, at the request of his ancestral employer, he went to the newly founded University of Halle , where, in addition to the title of privy councilor, he was appointed vice rector of the university and dean of the law faculty in 1695 and 1703 . Together with Veit Ludwig von Seckendorff and Christian Thomasius , he built up the new university and turned down offers as director of the University of Copenhagen . Justus Henning Böhmer began teaching at the law faculty in 1699 under Stryk's support.

At the age of 70, Samuel Stryk died on July 23, 1710 at around 7 a.m. in Halle / Saale. His grave is in the town of Halle . The colleagues August Hermann Francke and Maximilian Ladislaw Freiherr von Lichnowsky gave remarkable funeral speeches, which were later published.

Fonts (selection)

  • Disputatio Juridica de Jure privilegati contra privilegatum. 1684.
  • Specimen usus moderni Pandectarum. 1690 (This work gave its name to an entire epoch of European jurisprudence, usus modernus pandectarum , the practice and science of Roman law in its application in continental Europe after its reception ).
  • Christian concern of a self-absorbed Juris-Consulti about the Eids-Formulam rev. Ministerii to Hamburg . 1690
  • Tractatus de cautelis testamentorum. Orphanotrophius, Hall 1703 ( digitized version ).


Individual evidence

  1. ^ Franz Wieacker : History of private law in the modern age. With special consideration of the German development (= jurisprudence in individual representations. Vol. 7, ZDB-ID 501118-8). 2nd, revised edition. Vandenhoeck & Ruprecht, Göttingen 1967. p. 220.
  2. Uwe Wesel : History of the law. From the early forms to the present . 3rd revised and expanded edition, Beck, Munich 2006, ISBN 3-406-47543-4 . Marg. 247.

Web links

Commons : Samuel Stryk  - collection of images, videos and audio files