Theodor Muther

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Theodor Albert Anton Muther (born August 15, 1826 in Rottenbach , † November 26, 1878 in Jena ) was a German legal scholar and historian.

Life

Theodor was born as the son of the pastor in Rottenbach and later in Fechenheim Georg Friedrich Anton Muther (1798–1865) and his wife Christine Luise Alexandra Antoinette Schmidt. He had acquired his educational basis at the grammar schools in Coburg and Schleusingen . In 1847 he moved to the University of Jena to study law. Here he became a member of the Teutonia fraternity . He later moved to the University of Erlangen , where he also became a member of the local fraternity and received his doctorate in law on November 5, 1851. He then passed his state examination in law in Coburg , where he received a legal counsel position in 1852. In the same year he was drawn to the lectures of Friedrich Ludwig Keller at the University of Berlin . In Berlin he stayed in the house of Friedrich Julius Stahl , with whose wife Julie Kindler (1810–1872) he was related.

At Easter 1853 he qualified as a lecturer in Roman law and civil procedure law at the University of Halle-Wittenberg . In autumn 1856 he received an extraordinary professorship at the University of Königsberg and in autumn 1859 a full professorship for Roman law. At the Albertina he came into conflict with Bernhard Windscheid . In the autumn of 1863, for example, he took up a position as professor of Roman law and civil procedural law at the University of Rostock , and in the summer semester of 1872 he became the rector of the Alma Mater . In the fall of 1872 he accepted a call as professor for Roman law at the University of Jena . On October 1, 1872, he was appointed chief appeal councilor, and in the winter semester of 1877, as rector of the Salana, he also took part in its organizational tasks. Muther died of pulmonary edema.

Muther wrote numerous articles in the Allgemeine Deutsche Biographie , multiple reviews in the literary Centralblatt and in the Jenaer Literaturzeitung. Together with Ernst Immanuel Bekker , he published the yearbook of common German law (Leipzig 1857–1862, 6 vols.). In 1877 he became a member of the Association for Thuringian History and Archeology . Much of his work dealt with the history of German university law. He seems to have developed a particular preference for the period around the Reformation.

Muther was married twice. His first marriage was in 1864 with Marie Mumm von Schwarzenstein (* 1835 in Frankfurt / Main † 1865 in Rostock). His second marriage was in 1868 with Emma Kraiss (* 1843 in Coburg; † 1931). His only son, Albert Muther (1865–1873), died before his father.

Works (selection)

  • The meeting of the servitudes. Erlangen 1852 ( online )
  • De origine processus provocatorii ex lege diffamari quem vocant Commentatio. Erlangen 1853 ( online )
  • Sequestration and arrest in Roman law. Leipzig 1856 ( online )
  • On the doctrine of the Roman Actio, today's right of action, the litiscontestation and the singular succession in bonds. A criticism of Windscheid's book "Die Actio des Römischen Civilrechts. Erlangen 1857 ( Online )
  • The Reformation lawyer D. Hieronymus Schürpf. Erlangen 1858 ( online )
  • Statuta facultatis jureconsultorum Vitebergensium A. MDVIII Composita. 1859 ( online )
  • The representation of conscience in common German law, with consideration of particular legislations, especially the Saxon and Prussian. Erlangen 1860 ( online )
  • Doctor Johann Apell. A contribution to the history of German jurisprudence in the sixteenth century. Königsberg 1861 ( online )
  • From university and scholarly life in the age of the Reformation. Lectures. Erlangen 1866 ( online )
  • The Wittenberg University and Facultaets statutes from the year MDVIII. Halle, 1867 ( online )
  • Philippi Melanthonis de legibus oratio. Ed. II. Weimar 1869 ( online )
  • Roman and Canon Law in the German Middle Ages, during the 14th and early 15th centuries. Rostock 1871 ( online )
  • On the history of the Roman canonical process in Germany. Rostock 1872 ( online )
  • Reform of legal education. An inaugural academic lecture. Weimar, 1873 ( online )
  • Johannes Urbach processus judicii qui Panormitani Ordo Judiciarius a multis dicitur. Halle (Saale) 1873 ( online )
  • On the history of law and universities in Germany. Jena 1876

Essays

  • The defamation lawsuit. In: Yearbook of common German law. Vol. 2. (1858) pp. 53-196.
  • For the revision of the history and individual doctrines of the Roman process as well as the present day. In: Critical quarterly for legislation and jurisprudence. Vol. 9 (1866) pp. 161-190, 329-370
  • Origin and development of the common German civil process. In: Johann Karl Glaser: year books for political and social sciences. Vol. 9, p. 234 ff.
  • History of the court system in Germany. In: Johann Karl Glaser: year books for political and social sciences. Vol. 9, p. 447 ff.
  • From the dispatch of files. In: Johann Karl Glaser: year books for political and social sciences. Vol. 12; P. 256 ff.
  • Concept and general principles of civil procedural law. In: Johann Karl Glaser: year books for political and social sciences. Vol. 12; P. 387 ff.
  • The reform of the German universities. (Letters about the book: From German universities. 1869) In: Johann Karl Glaser: Year books for political and social sciences . Vol. 11 u. 12;
  • The lawyers at the University of Erfurt in the 14th and 15th centuries. In: Journal of Legal History. Böhlau, Weimar, 1870, vol. 9, p. 50 ( online )
  • Three documents on the history of the Reformation. In: Christian Friedrich Jllgen: Journal for historical theology. Friedrich Andreas Perthes, Gotha, 1860, p. 452 ( online )

literature

Web links

Wikisource: Theodor Muther  - Sources and full texts

Individual evidence

  1. ↑ not November 29, 1878
personal data
SURNAME Muther, Theodor
ALTERNATIVE NAMES Muther, Theodor Albert Anton
BRIEF DESCRIPTION German legal scholar and historian
DATE OF BIRTH August 15, 1826
PLACE OF BIRTH Rottenbach
DATE OF DEATH November 26, 1878
Place of death Jena