Karl Larenz

Karl Larenz (* 23. April 1903 in Wesel; † 24. January 1993 in Olching with Munich) was a German civil practice lawyer and right philosopher.

lives

after the Abitur inYear 1921 took up Larenz to the winter semester 1921/22 to Berlin, where its father was a president of the senate at the higher administrative court last, a study of the jurisprudence, national economy and history. Study local change followed to Marburg, again Berlin, Munich and Goettingen. In January 1926 it put in Celle the junior lawyer exam off. November 1926 it, after his thesis had been accepted to the topic „Hegels addition teachings and the term of the objective addition " of the Göttinger on the right of and state-scientific faculty, was attained a doctorate to at the beginning of to the doctor of the rights. 1928/29 habilitierte itself Larenz with Julius binderin Goettingen, without the legal period of instruction go through and/or. the Assessorenexamen to have put down. Starting from May 1933 he taught chair of the right philosopher Gerhart Husserl, that at the University of Kiel, first in agency and starting from 1935 as an owner as a Jew removed from this officewas. Larenz belonged there apart from Ernst Rudolf Huber and George Dahm to a group of younger professors, which is called Kieler school and which understood itself as circle about Vordenkern of the National Socialist right renewal.

After the end of the Second World War Larenz taught starting from December 1949 againat the University of Kiel. In the year 1960 it was appointed to the University of Munich, where it remained up to its retirement.

working

in the years after 1933 was Larenz in its works anxious to align the legal order at the principles of the national socialism andthey in this sense umzugestalten. It wanted to tie at Hegels idealism.

In an essay with the title “Larenz wrote legal person and subjective right” 1935, not as an individual, as humans absolutely (…) has it rights and obligations and the possibility, legal relations to arrange, but asMember (…) of the community. Only as member of the community it has its honour, enjoys it attention as a right comrade ". He suggested therefore, the fundamental regulation § of the 1 BGB, according to which the legal capacity (thus everyone) of humans begins with the completion of the birth, howfollows to change: “Right comrade is only, who people comrade is; People comrade is, who German blood is. “. Thus Larenz placed itself on the soil of the National Socialist race ideology.

After the Second World War the general civil law and legal methodology under the signs changed now were emphasis of itsscientific work. In particular with its text books to the law of contract and for the general part of the civil right he affected the jurisprudence in the Federal Republic. Substantial attention found also its text book of the method teachings, that for instance the term of the teleologischen reduction (d.i. a case of the restrictive interpretation)coined/shaped. Although in it a so-called “historical-critical part” is contained, it is missing at each argument with - also own - the jurisprudential positions from the era of the third realm. In the writing correct right expressed Larenz to 1979 its right-philosophical opinions; it admitsitself therein to one on the private autonomy legal order create-ended.

Larenz was a teacher some today partially influential right scientists (for instance of Claus William Canaris, Uwe Diederichsen, Helmut Köhler, Detlef Leenen, Manfred wolf).

works

• text book of the law of contract, Munich 1953(Bd. 1), 1956 (Bd. 2) (When first edition marks, although a predecessor work of Larenz under the title “contract and injustice” already 1936 (Bd. 1) and 1937 (Bd. 2) appeared.) repeated new editions.
• General part of the German civil one of right, Munich 1960. Repeated new editions.
• Method teachings thatJurisprudence, Heidelberg 1960. Repeated new editions.

1945 ago in particular:

• German right renewal and philosophy of law, right and state in history and present No. 109, Tübingen 1934
• people spirit and right, in: Magazine for German cultural philosophy 1935, S. 40 FF.
• Legal person and subjective right, in: Dahm/E.R.Huber/Larenz/K. Michaelis/Schaffstein/Siebert (Hrsg.), basic questions of the new jurisprudence, Berlin 1935, S. 225 FF.
• Over article and method of völkischen right thinking, Berlin 1938

literature

• J. Hitting a corner ore: What was the Kieler school? in: Franz Jürgen Säcker: Quite and legal doctrine in the national socialism. - Baden-Baden:Nomos VG, 1992. - ISBN 3-7890-2452-X S. 37 FF.
• Franc Hartmann: Methodologische thinking with Karl Larenz. - Frankfurt/M. Long, 2001. - ISBN 3-631-36325-7
• H. H. Jakob: Karl Larenz and the national socialism - in: Lawyer newspaper, 1993, S. 805 FF. (in detail to contents of itsWritings 1945 ago with evaluation at the end)

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