Georg Friedrich Puchta
Puchta was one of the most important representatives of Pandektenwissenschaft. In the historiography he was long regarded as the founder of conceptual jurisprudence. However, it was not about unworldly Logizismen. Puchta private law should be developed by a scientific penetration of ancient law and a careful adaptation to the " practical needs " of the community of values ( " national spirit "). The scientific compression of the special relationships should provide " Pandects ," the judge in highly condensed form a streamlined, user- safe private law, in particular: in Puchta. Legislation should intervene in the alternative, clarifying, when the ancient law was unclear or otherwise in need of change. Before the nation-state (1871 ) it came to secrete Private Law of territorial influences and to leave as on political "science" law specialists. After 1848, the philosophical and religious imprints of this program were hardly noticed. After 1871 the national science discourse was replaced by an overtly political acting and aims for total codification of private law.
Life and work
The parents were Wolfgang Heinrich Puchta Puchta (1769-1843) and Johanna Philippina home. He was the eldest son of seven children, two of whom died early. His brother Christian Heinrich Puchta (1808-1858) studied philology and theology at the University of Erlangen and was last pastor in Augsburg.
Puchta attended from 1811 to 1816 the Ägidiengymnasium in Nuremberg, which used the classical humanist tradition since its inception. Through the local rector Hegel Puchta underwent a basic training in philosophy.
The study of law began Puchta in 1816 at the University of Erlangen, Germany, where his father introduced him at the same time in the legal practice. At this time taught the famous Professor Christian Friedrich of luck in Erlangen. His special devotion to him Puchta expressed with the words: " Every university is indeed afflicted with a thorn in the flesh, but the local faculty has, if luck is dying, nothing but piles ".
After graduating Puchta his doctorate in 1820 with the dissertation " De itinere, et actu via " in Erlangen and habilitated in the same year, also at the University of Erlangen.
1821 undertook a longer Puchta Germany travel to the then major universities of Jena, Berlin, Göttingen, Bonn and Heidelberg, where he made contact with the professors teaching there. The impressions of this journey led Puchta, join the historical school of law by Friedrich Carl von Savigny, who taught at that time at the University of Berlin. With him Puchta entertained from 1823 up a lively correspondence, from which came from 86 letters.
From this conviction Puchta published in 1822 his first major work: plan for lectures on the legal encyclopedia and methodology.
1823 Puchta associate professor in Erlangen, where he treated next Romanist subjects also Encyclopedia, Church law and German law. 1828 appeared the first volume of his central work The customary law.
With the involvement of his now matured into friendship acquaintance with Friedrich Carl von Savigny, he moved in 1828 to the University of Munich, where he received a full professorship. During this time he met the already known him from his time in Erlangen Professor Friedrich Wilhelm Joseph von Schelling, whose lecture on "Lectures on Philosophy of Mythology and Revelation," he was thrilled.
1835 Puchta was. , Composed by Friedrich Carl von Savigny full professor in Marburg for Roman Law and Canon Law, where he remained until 1837 1837 appeared Puchta's second volume of his work entitled " The Common Law " (two parts 1828-1837 ), whom he had already begun in 1828 Erlangen.
With the support of Friedrich Carl von Savigny, Puchta was from 1837 to 1842 full professor in Leipzig, where he in 1838 his seminal "Lehrbuch der Pandekten " published. There were 1841/1842 the first two volumes of his main work " Cursus the institutions".
Again with the help and work of Friedrich Carl von Savigny, Puchta 1842 got the call to the University of Berlin, where he Savigny's successor was soon on its Chair, after he had been appointed Minister of legislation. The decision of choosing to Puchta which was well-known conservative attitude, even though he was not overly impressive as a lecturer.
From 1844 worked Puchta the Privy Tribunal with title of Privy Council with the Tribunal. Not least because he was in 1845 a member of the State Council and the Commission legislation. On January 8, 1846, he died at the age of 47 years.
Art and literature
- The customary law Volume 1 (1828 )
- Volume 2 (1837 )
- (later published in several editions. )
- Volume 1 Introduction to Law and History of Law bey the Roman people. (1841 )
- Volume 2 (1842 )
- Volume 3 (1847 )
- Volume 1 (1847 )
- Volume 2 (1848 )
- Johann August Ritter von Eisenhart: Puchta, Georg. In: General German Biography (ADB ). Volume 26, Duncker & Humblot, Leipzig 1888, pp. 685-687.
- Hans -Peter Haferkamp: Georg Friedrich Puchta and the ' conceptual jurisprudence '. Frankfurt am Main 2004, ISBN 3-465-03327-2
- Hans -Peter Haferkamp: Georg Friedrich Puchta. In: Michael Anderheiden and others ( ed.): Encyclopedia of the Philosophy of Right.
- Peter Landau: Puchta, Georg Friedrich. In: New German Biography ( NDB ). Volume 20, Duncker & Humblot, Berlin 2001, ISBN 3-428-00201-6, pp. 757-759 ( digitized ).
- Sebastian Schermaul: Georg Friedrich Puchta - life and work. Munich 2009, ISBN 978-3-640-28624-9