Wilhelm Eduard Albrecht

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Wilhelm Eduard Albrecht
WE Albrecht (1876)
Göttingen memorial plaque for Wilhelm Eduard Albrecht

Wilhelm Eduard Albrecht (born March 4, 1800 in Elbing ; † May 22, 1876 in Leipzig ) was a constitutional lawyer and lecturer at the Georg-August University in Göttingen . Albrecht was one of the Göttingen Seven , against the repeal of the 1837 Constitution in the Kingdom of Hanover by I. Ernst August protested.

Life

Albrecht studied from 1818 in Berlin , Göttingen and Königsberg . He was a student of Karl Friedrich Eichhorn and Friedrich Carl von Savigny . He then completed his habilitation as a private lecturer at the Königsberg University, became an associate professor at the Faculty of Law in 1825 and a full professor there on October 28, 1829. In 1830 he moved to Göttingen. After his release in 1837 he worked as a private lecturer in Leipzig , where he was appointed Professor of Law and Councilor in 1840. In 1847 he took part in the Germanist days in Lübeck . In 1848 Albrecht was a participant in the pre-parliament during the March Revolution and became a delegate in the Committee of Seventeen , which prepared the work on the imperial constitution. From May 18 to August 17, 1848 he was a member of Parliament for Harburg (Elbe) in the Frankfurt National Assembly , where he belonged to the casino parliamentary group. In 1863 he was appointed Privy Councilor , and in 1868 Albrecht retired. From 1869 was a member of the 1st Saxon Chamber. His father-in-law was the astronomer Christian Ludwig Ideler .

Act

His construction of the state as a legal person, which he developed in 1837 in a review of Maurenbrecher's “Principles of Today's Constitutional Law”, is still significant today. In the state doctrine of constitutionalism , it was unclear until then to whom the sovereignty actually belonged, since on the one hand the monarchical principle was still strongly emphasized, while on the other hand the peasant constitutions of the time already contained the subjects' rights to participate in the exercise of power. Against this background, Albrecht came to the conclusion that the state itself had to be a legal entity. In relation to the general public, rulers and subjects would only be entitled and obliged as heads or members of the state as their own legal personality, while otherwise (in the private sphere, as it were) they would have rights for their own sake and obligations as individual legal personalities for the sake of others. In contrast, the u. a. Doctrine of the state represented by Otto von Gierke of the state as a real association person, who criticized Albrecht's theory in particular that the state of Albrecht was a mere (legal) fiction and that the ruler would then exercise his office in the manner of a guardian of a mentally incapacitated person and the Reichsgericht in the name of one Shadow must speak right. Although he had been appointed a lifelong member of the First Chamber of the Saxon State Parliament in 1869 , he only took part in the sessions in the winter of 1869/70. Only one request to speak has survived.

Works

  • The trades as the basis of the older German property law. Koenigsberg 1828.

literature

Web links

Commons : Wilhelm Eduard Albrecht  - Collection of images

Individual evidence

  1. ^ Anke Borsdorf: Albrecht, Wilhelm Eduard (1800–1876). In: Albrecht Cordes, Heiner Lück, Dieter Werkmüller (Eds.): Concise dictionary on German legal history. (Excerpt: hrgdigital.de December 1, 2015).
  2. ^ ADB and T. Tonndorf: The Saxon Members of the Frankfurt Pre- and National Assembly. Diss. Dresden 1993, p. 142;
    In the listing of members of the state parliament in Josef Matzerath : Aspects of Saxon State Parliament History - Presidents and Members of Parliament from 1833 to 1952. Dresden 2001 he is not mentioned.


personal data
SURNAME Albrecht, Wilhelm Eduard
BRIEF DESCRIPTION German constitutional lawyer
DATE OF BIRTH March 4, 1800
PLACE OF BIRTH Elblag
DATE OF DEATH May 22, 1876
Place of death Leipzig