Thilo Ramm

Thilo Ramm (born April 4, 1925 in Darmstadt ; † June 17, 2018 there ) was a German legal scholar and author .

Life

Thilo Günther Alfred Ramm was born in Darmstadt in 1925 as the second son of Clara and Hermann Ramm. After studying law in Marburg doctorate he at the city's University in 1949 with Fritz von Hippel over Ferdinand Lassalle . After the second state examination in 1951, he also completed his habilitation with von Hippel in 1953 at the University of Freiburg im Breisgau on the subject of "The great socialists as legal and social philosophers". In 1955 he married Dr. jur. Renate Ramm. In Freiburg he taught as a university lecturer and from 1961 as an adjunct professor. In 1962 he accepted a call to the law faculty of the University of Gießen , which he co-founded again, for the subjects civil law , labor and social law and social philosophy . In 1977 he moved to the Fernuniversität Hagen . Since 1982 he lived again in Darmstadt, where he died in June 2018 at the age of 93.

Legal positions

Ramm's scientific legal and political views, which are often directed against the zeitgeist, are influenced by the historical and intellectual foundations that he was allowed to learn in his fundamental research on socialist theories. The turn to legal and social theory, at the same time the search for a concept of order, was Thilo Ramm's vehemently negative reaction to the era of National Socialism . His (unpublished) habilitation lecture “Basic Rights and Private Law” (1953), still historically based, already contained the concept for the later work on the relationship between basic rights and civil law. In an expert opinion on the occasion of the judgment of the BAG of October 31, 1968 on the metalworkers' strike in Schleswig-Holstein , he set out the prohibition on restricting the will of the associations. The right to freedom is superior to private and labor law. In 1961 there was a dispute with the jurisprudence of the BAG and in particular Hans Carl Nipperdey (JZ 1961, 273 ff.), Which falsely earned him the reputation of being “extremely left”, which he later clarified with a review of Däubler's labor law .

Since the late 1960s, Ramm saw an opportunity for legal study reform. Fundamental is his three-volume, material-rich presentation "Introduction to Private Law / General Part of the BGB" (1969 / 2nd edition 1974), which he conveyed to freshmen through tutorials . In 1975 the book "The legal curriculum for the distance university in the state of North Rhine-Westphalia" was published, with which he hoped to at least come closer to his ideas.

In family law, his position was characterized by the demand for consistent gender equality. In his work “Law of Marriage”, published in 1986, he called for a legal regulation of the different models. Before and after reunification he was active in the working group “German legal unity in family and youth law” together with the leading family lawyer of the GDR Anita Grandke. In his book “Jugendrecht” (1990), he tried to systematically organize the legal development that was previously the subject of public law, private law and labor and social law. After the GDR acceded to the Federal Republic of Germany, he tried to promote a “labor code” or at least an employment contract law in the unified Germany.

In his textbooks, Ramm placed his views in a broad historical and political context, and he also questioned existing evaluations. Fundamental is the subject of the third-party effect of fundamental rights , which he has highlighted , according to which fundamental rights are incorporated into civil law via the general clauses of private law (§§ 138, 242 BGB). He campaigned for a codification of labor law. Most recently, he turned to legal history with a standard work The National Socialist Childhood and Youth Law (1985) . Thilo Ramm was one of the initiators of the Babelsberg Talks , which was published under the title National Socialism and Law (2 volumes Nomos Verlag, 2014 and 2018). He dealt with the role of the judiciary and jurisprudence in National Socialism. Ramm saw himself as a legal theorist who tried to grasp the valuations of law historically and socio-philosophically with effect for the future. Ramm's merit is that, through his writings, he influenced, systematically recorded and, in some cases, re-accentuated civil law, family and youth law as well as labor law.

Activities as an author (selection)

From the list of publications:

• The great socialists as legal and social philosophers, 1955
• The contestation of the employment contract, 1955
• Ferdinand Lassalle as a legal and social philosopher, 1956
• Freedom of will-formation, 1960
• The right of industrial action according to the case law of the Federal Labor Court, JZ 1961, 273 ff.
• The parties to the collective agreement, 1961
• The labor dispute and the value system of the Basic Law, 1965
• Labor Law and Politics, 1966
• Introduction to private law / general part of the BGB, 1969
• The legal curriculum for the Distance University in North Rhine-Westphalia, 1975
• The Left and Labor Law, JZ 1978, 184
• Family law / law of marriage, 1980,
• Family and Youth Law under National Socialism, 1983
• National Socialist Child and Youth Law, 1985
• From German comparative law to German legal understanding, JZ 1987, 425 ff., 484 ff.
• Third party effect and prohibition of excess, JZ 1988, pp. 489–493
• Fundamental rights and labor law, JZ 1991, 1 ff.
• Ferdinand Lassalle in Heinrichs / Franski / Schmalz / Stolleis, German lawyers of Jewish origin, 1993 ( ISBN 9783406369605 )
• On the free social constitutional state, 1999
• National Socialism and Law (as co-editor), 2014 and 2018 ( ISBN 9783848708116 )

literature

• Becker, Thilo Ramm on his 70th birthday, JZ 1995, 397
• Derleder, the first in the constitutional reform of private law. Thilo Ramm on his 85th birthday, in: Kritische Justiz Vol. 43, No. 1 (2010), 108-112.
• Schwab, In memory of Thilo Ramm, FamRZ 2018, 13 05 ff.

Individual evidence

1. ↑ ^{a b c d e} Gerd Dapprich: Prof. Thilo Ramm passed away. FernUniversität in Hagen , July 16, 2018, accessed on March 26, 2019 . 
2. ↑ Prof. Dr. Thilo Ramm: Obituary notice. Frankfurter Allgemeine , June 23, 2018, accessed on March 26, 2019 . 
3. ↑ Prof. Dr. Thilo Ramm. beck-shop.de, accessed on March 26, 2019 . 
4. ↑ ^{a b c d} Peter Derleder: The first in the constitutional reform of private law . Thilo Ramm on his 85th birthday, in: Kritische Justiz Vol. 43, No. 1 (2010), 108-112.