Georg Jellinek

Georg Jellinek ( born June 16, 1851 in Leipzig, † January 12, 1911 in Heidelberg ) was a German constitutional law of Austrian origin. He was together with Hans Kelsen and the Hungarian Felix Somlo to the group of Austrian legal positivists and was considered at that time as the representative of State law from Austria. For Jellinek's famous brothers are the businessman and diplomat Emil Jellinek - Mercedes and the medievalist Max Hermann Jellinek.

Career

Jellinek studied from 1867 in Vienna at the Alma Mater Rudolphina law, art history and philosophy. In addition, he studied until 1872 philosophy, history and law at the University of Heidelberg in Heidelberg and at the Alma Mater Lipsiensis. 1872 Jellinek was in Leipzig phil with a dissertation on The worldviews Leibnitz ' and Schopenhauer 's Dr.. doctorate. In 1874, he became the Dr. jur. doctorate.

Family

Georg Jellinek was born as the son of Adolf Jellinek, a then well-known Jewish scholars and rabbis of Vienna's Jewish community, and his wife Rosalie nee Bettelheim (* 1832 in Budapest, † 1892 in Baden near Vienna). He was married to Camilla Jellinek, born in Wertheim (1860-1940), which was won by Marianne Weber 1900 for the women's movement and there in particular by working with law enforcement agencies for women and was known to the criminal law the creation of reform designs. The couple had six children, born from 1884 to 1896, four of which the survived childhood, including son Walter, daughter Dora, who were deported during the Nazi ghetto Theresienstadt, and the youngest son Otto, who died in 1943 due to ill-treatment by the Gestapo.

George and Camilla Jellinek's final resting place is located on the mountain cemetery (Heidelberg ) in the so -called " professors series" Division D, 1st series 309

Creation

Overview

His writing system of subjective public rights from 1892, contains the status of teaching, which is also used for systematization of the Basic Law.

His General Theory of the State (1900, see General Theory of the State, constitutional law ) is considered a milestone of the German State and as Jellinek's most important work. From it comes his three- element theory, after the recognition of a state as a subject of international law, the three characteristics " territory ", " country people" and " state power" are necessary (→ international law).

His work The Declaration of Human and Civil Rights of 1895 is considered an important writing on the history of human rights. He also coined the idea of ​​the " normative power of the factual " (→ Sociology of Law, Philosophy of Law ).

Georg Jellinek belonged to the circle around Max Weber, who exerted a great influence on the scholarly culture in Heidelberg turn of the century. 1907 Jellinek was elected the first Jewish president of the University.

Validity and effectiveness of the legal

Georg Jellinek also dealt with the issue of legal validity. " Validity " in the legal sense means only that certain rules ( law ) are designed for people with action. " Application " and " effectiveness " must work together so that legal norms can be effective. Max Weber characterizes the "effectiveness" of a legal system as the "Opportunities enforceability ".

When the validity of a legal system, there are three aspects: a

Aspect.

All these aspects play in the problem of the validity and effectiveness of a role and make general, general statements for the individual case very difficult.

So what happens if validity and effectiveness do not coincide? Here Georg Jellinek hooked with his question about the " normative power of the factual " one. Here are two considerations:

In the first case, the opinion is widely held that a norm is not followed for a long time, loses its effectiveness. No agreement exists but over the long run. In the second case, the problem is the reverse. Through the " factual " the "norm" of reality is adjusted on the basis of stability considerations. A good example is the limitation of a crime. Although the legal worthlessness fact is basically always the same, is eradicated due to the long period of worthlessness fact - this from stability considerations ( legal certainty ).

Legal Positivist theories

Georg Jellinek had legal positivist. He took the view that the law "is nothing other than the ethical minimum " is. He believed:

" The law is thus, as the upholding moment constitute the minimum standards of a particular state of society, that is, include those standards, which ensure the unchanged existence of such. "

Writings (selection )

• The worldviews Leibnitz ' and Schopenhauer 's: your reasons and their justification. A study of optimism and pessimism. Hölder, Vienna 1872 ( phil. dissertation, University of Leipzig; digitized ).
• The social importance of ethical right and wrong penalty. Hölder, Vienna 1878 ( digitized ).
• The legal nature of contracts States: A contribution to the legal construction of international law. Hölder, Vienna 1880 ( digitized ).
• Austria -Hungary and Romania in the Danube Question: A study of international law. Hölder, Vienna 1884 ( digitized ).
• Law and Regulation: State Legal Investigations on quite historical and comparative law basis. Mohr, Freiburg im Breisgau 1887 ( digitized ).
• System of subjective public rights. Mohr, Freiburg im Breisgau 1892 ( digitized ).
• General Theory of the State ( = right of the modern state. Vol. 1). Berlin 1900; 2nd edition 1905 ( digitized ); 3rd edition 1914 ( digitized ).