Ulrich Huber (legal scholar, 1636)

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Ulrich Huber

Ulrich Huber (also Ulrik Huber or Ulricus Huber ; born March 13, 1636 in Dokkum , † November 8, 1694 in Franeker ) was professor of history , rhetoric and law at the University of Franeker in Friesland .

Life

Huber studied at the universities of Franeker, Utrecht and Heidelberg . In 1657 he received a professorship for rhetoric and history in Franeker, in 1665 a professorship for law. From 1679 to 1682 he worked as a judge at the Court of Appeal of Friesland and then returned to his chair for law in Franeker, which he held until his death in 1694.

His main work De jure civitatis libri tres was published for the first time in 1672 and revised several times by him until 1694. It is considered a document of the transition from scholasticism to the enlightenment, from enlightened absolutism to a democratic legal system based on the free will of autonomous subjects. His views on popular sovereignty culminate in a theory of limited governance, which includes a right to resist tyrants. During his lifetime he was known far beyond the borders of his place of work for his research on Roman law . In the Netherlands he is also known through his work Heedensdaegse Rechtsgeleertheyt soo elders, as in Friesland gebruikelijk (1686, 1786), in which he describes the Frisian legal system in its entirety. As a university lecturer, he continued the teaching methods of Johann Friedrich Böckelman . Through his processing and teaching of Roman-Dutch law on the basis of Roman law, Huber is one of the representatives of the Usus modernus pandectarum .

At the Reich University of Groningen , an institute in the law faculty was named after him.

Huber had been married to a granddaughter of Johannes Althusius since 1659 .

Works

Ulrici Huberi Digressiones Justinianeae (title page of the Franeker 1688 edition of Huber's main work)
  • Digressiones Justinianeae , 1670
  • Repetitae animadversiones ad ius in re et ad rem , 1675
  • De iure civitatis , 1676
  • Praelectiones iuris civilis , 1686ff.

literature

  • JJ Henning and AWG Raath: The impact of Scholasticism and Protestantism on Ulrich Huber's views on constitutionalism and tyranny. In: Journal for Juridical Science 2 (2004), pp. 56-90.
  • Johannes Wilhelmus Wessels: History Of The Roman-Dutch Law . Grahamstown (Cape Colony) 1908, pp. 316-318.

Individual evidence

  1. Patrick Sensburg : The great lawyers of the Sauerland . 22 biographies of outstanding legal scholars. 1st edition. FW Becker, Arnsberg 2002, ISBN 978-3-930264-45-2 , pp. 27 , 3rd paragraph .