Wilhelm Henke (legal scholar)

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Wilhelm Henke (born May 2, 1926 in Göttingen ; † July 17, 1992 ibid.) Was a German legal scholar , legal philosopher and professor of public law at the University of Erlangen-Nuremberg . Henke devoted himself to scientific questions of public law dogmatics and fundamental problems of public law and law in general.

Life

From 1948 to 1953 Henke studied law , history , philosophy and theology at the Universities of Göttingen and Tübingen . He received his doctorate in 1957 on the subject of “The constitutional power of the German people” and completed his habilitation in 1964 in Göttingen with Werner Weber on the subject of “The law of political parties”. From 1967 to 1989 he held the chair for public law at the economics and social science faculty of the University of Erlangen-Nuremberg in Nuremberg. He spent the last few years in his home town of Göttingen .

Scientific work

In his main work Law and State from 1988, Henke focuses on the question of how the dispute over justice is to be overcome. He sees such coping in the contract, in the judgment, in the community, in property and in rulership. At the beginning of the investigation, he takes a look at the Greek, Christian and Enlightenment concepts of freedom as a possible solution to his question, but then takes the lifeworld in the sense of Husserl and Dilthey as the starting point of his investigation. By taking up the idea of ​​personal encounter, whoever does what the other's situation requires, acts justly in his view. At the end of his book he sees the legal relationship as a central phenomenon of law, including public law, and comes to the primacy of the case before the law. It is jurisprudence that leads to case justice. It is "a craft, an art and a virtue".

In 1980, Henke initiated a change in the dogmatics of public law with his essay The subjective law in the system of public law , following Jan Schapp's work on subjective law from 1977. The legal relationship between the state and the citizen in the sense of an equal order takes the place of the super-subordination relationship between state and citizen. The constitutional justification for this equality with the principle of the republic , which Henke determined in the manual of constitutional law (in the first and second edition) as a rejection of any rule based on higher law. This provision was expressly adopted in the third edition edited by Rolf Gröschner . Henke's historical derivation from the Roman Republic is supplemented by a philosophical justification with the anti-despotic character of the Aristotelian " politeia ".

He has dealt with topics of public law in a large number of monographs .

Publications (selection)

  • Complete list of publications in: Selected essays (1994)

Monographs

  • The subjective public right, Mohr Siebeck 1968
  • The right of political parties, 2nd edition Otto Schwarz, 1972
  • Critique of Critical Rationalism , Series: Law and State in Past and Present, Vol. 434, Mohr Siebeck, 1974
  • The law of economic subsidies as public contract law, Mohr Siebeck, 1979
  • Law and State: Fundamentals of Jurisprudence , Mohr Siebeck, 1988 (main work)

Essays

  • Selected essays. Ed .: Rolf Gröschner and Jan Schapp . Mohr 1994.
  • The subjective right in the system of public law, DÖV 1980, 621 ff.
  • Change in the dogmatics of public law, JZ 1992, p. 541
  • The end of the revolution and the people's constituent power, Der Staat 1992, p. 265

literature

  • Rolf Gröschner : Memories of Wilhelm Henke, Juristic newspaper 1992, pp. 1067-1070.
  • Albert Janssen : The art of differentiating between law and justice. Studies on a basic condition for finding law, v & r unipress 2016. ISBN 978-3 8471-0542-8 .
  • Albert Janssen : The endangered statehood in the Federal Republic of Germany. Contributions to the preservation of their constitutional organizational structure. v & r unipress, 2014, ISBN 978-3-8471-0280-9 ; There in particular no. 20: Necessary change in the dogmatics of German constitutional and administrative law in a Europe that is growing together. Reflections on the understanding of the European Community as a legal community.
  • Katharina Gräfin von Schlieffen (ed.): Republic, legal relationship, legal culture, Mohr Siebeck, 2018.

See also

Individual evidence

  1. ↑ See Wilhelm Henke: The right of political parties , 2nd edition 1972, ISBN 3-509-00547-3 .
  2. ^ Jan Schapp : Obituary Wilhelm Henke, Archive of Public Law, JCB Mohr (Paul Siebeck), Tübingen, Volume 117, Issue 4, 1992, pp. 654–655
  3. ^ A b Wilhelm Henke: Law and State: Fundamentals of Jurisprudence , Mohr Siebeck, 1988
  4. ↑ Albert Janssen : The art of distinguishing between law and justice. Studies on a basic condition of finding the law , 3rd part: Wilhelm Henke's fundamental legal distinction between law and justice based on a secular doctrine of two kingdoms as a decisive consequence v & r unipress 2016.  ISBN 978-3 8471-0542-8 .
  5. ^ Wilhelm Henke: The subjective right in the system of public law , DÖV 1980, 621 ff.
  6. ↑ Jan Schapp : The subjective right in the process of obtaining rights . Duncker & Humblot, Berlin 1977, ISBN 978-3-428-03849-7 .
  7. ^ Wilhelm Henke: Die Republik , in: Isensee / Kirchhof (Ed.), Handbuch des Staatsrechts , 2nd edition 1995, ISBN 3-8114-2495-5 .
  8. ^ Rolf Gröschner : Die Republik , in: Isensee / Kirchhof (Ed.), Handbuch des Staatsrechts , 3rd edition 2004, ISBN 3-8114-5071-9 .
  9. ^ Rolf Gröschner : Die Republik , in: Isensee / Kirchhof (Ed.), Handbuch des Staatsrechts , 3rd edition 2004, ISBN 3-8114-5071-9 .
personal data
SURNAME Henke, Wilhelm
BRIEF DESCRIPTION German lawyer and university professor
DATE OF BIRTH May 2, 1926
PLACE OF BIRTH Goettingen
DATE OF DEATH 17th July 1992
Place of death Goettingen