Albert Mosse
Encyclopedia
Isaac Albert Mosse was a German
judge
and legal scholar. Mosse's importance lies in the working out of Japan
's Meiji Constitution
and his continuation of Litthauer's Comments on the German Commercial Code
.
, in Prussia
's Grand Duchy of Posen. His father, Dr. Markus Moses, was a noted physician, and the most distinguished of his six brothers was Rudolf Mosse
.
Mosse attended the gymnasium
s in Lissa
and in Goben. He then studied law at Berlin University in 1865 thanks to the financial support of his older brothers, and passed his first state examination in 1868, and the second one in 1873. He became an assistant judge in 1875, and was gradually elevated to the position of a county court judge at Spandau
in 1876. Eventually, he was appointed judge of the state court in Berlin, which was the highest position a Jew was allowed to achieve in Germany at the time.
In 1882, at the requst of the German government, Mosse met with future Prime Minister of Japan
, Ito Hirobumi
and his group of government officials and scholars, who were touring Europe
to research various forms of western style governments, and gave a series of lectures on constitutional law
. Mosse is credited with having convinced Ito Hirobumi that the Prussian-style monarchical constitution was the best suited for Japan.
In 1886, Mosse was invited to Japan on a three-year contract as a foreign advisor
to the Japanese government to assist Ito Hirobumi and Inoue Kowashi
in drafting the Constitution of the Empire of Japan
. Afterwards, he worked on other important legal drafts, international agreements, and contracts and served as a cabinet advisor in the Home Ministry
, assisting Prime Minister Yamagata Aritomo
in establishing the draft laws and systems for local government. He lived in Japan from 1886 to 1890.
After leaving Japan, Mosse settled in Königsberg
to be a state supreme court judge. He was awarded an honorary doctorate from the University of Königsberg
in 1903 and, during the following year, became honorary professor there for Civil procedural law
and Commercial law
. After his retirement in 1907, he returned to Berlin where he served on the City Council and advised the Berlin municipal administration on various legal matters. He took part in public affairs of the Jewish community.
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
and legal scholar. Mosse's importance lies in the working out of Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
's Meiji Constitution
Meiji Constitution
The ', known informally as the ', was the organic law of the Japanese empire, in force from November 29, 1890 until May 2, 1947.-Outline:...
and his continuation of Litthauer's Comments on the German Commercial Code
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
.
Biography
Mosse was born into a prominent Jewish family in GrätzGrodzisk Wielkopolski
Grodzisk Wielkopolski is a town in western Poland, in Greater Poland Voivodeship , with a population of 13,703 . It is south-west of Poznań, the voivodeship capital. It is the seat of Grodzisk Wielkopolski County, and also of the smaller administrative district called Gmina Grodzisk Wielkopolski...
, in Prussia
Kingdom of Prussia
The Kingdom of Prussia was a German kingdom from 1701 to 1918. Until the defeat of Germany in World War I, it comprised almost two-thirds of the area of the German Empire...
's Grand Duchy of Posen. His father, Dr. Markus Moses, was a noted physician, and the most distinguished of his six brothers was Rudolf Mosse
Rudolf Mosse
Rudolf Mosse was a German publisher and philanthropist.-Biography:Mosse was born in Grätz, Grand Duchy of Posen, as the son of Dr. Markus Moses, a noted physician...
.
Mosse attended the gymnasium
Gymnasium (school)
A gymnasium is a type of school providing secondary education in some parts of Europe, comparable to English grammar schools or sixth form colleges and U.S. college preparatory high schools. The word γυμνάσιον was used in Ancient Greece, meaning a locality for both physical and intellectual...
s in Lissa
Leszno
Leszno is a town in central Poland with 63,955 inhabitants . Situated in the southern part of the Greater Poland Voivodeship since 1999, it was previously the capital of the Leszno Voivodeship . The town has county status.-History:...
and in Goben. He then studied law at Berlin University in 1865 thanks to the financial support of his older brothers, and passed his first state examination in 1868, and the second one in 1873. He became an assistant judge in 1875, and was gradually elevated to the position of a county court judge at Spandau
Spandau
Spandau is the fifth of the twelve boroughs of Berlin. It is the fourth largest and westernmost borough, situated at the confluence of the Havel and Spree rivers and along the western bank of the Havel, but the least populated.-Overview:...
in 1876. Eventually, he was appointed judge of the state court in Berlin, which was the highest position a Jew was allowed to achieve in Germany at the time.
In 1882, at the requst of the German government, Mosse met with future Prime Minister of Japan
Prime Minister of Japan
The is the head of government of Japan. He is appointed by the Emperor of Japan after being designated by the Diet from among its members, and must enjoy the confidence of the House of Representatives to remain in office...
, Ito Hirobumi
Ito Hirobumi
Prince was a samurai of Chōshū domain, Japanese statesman, four time Prime Minister of Japan , genrō and Resident-General of Korea. Itō was assassinated by An Jung-geun, a Korean nationalist who was against the annexation of Korea by the Japanese Empire...
and his group of government officials and scholars, who were touring Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
to research various forms of western style governments, and gave a series of lectures on constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
. Mosse is credited with having convinced Ito Hirobumi that the Prussian-style monarchical constitution was the best suited for Japan.
In 1886, Mosse was invited to Japan on a three-year contract as a foreign advisor
O-yatoi gaikokujin
The Foreign government advisors in Meiji Japan, known in Japanese as oyatoi gaikokujin , were those foreign advisors hired by the Japanese government for their specialized knowledge to assist in the modernization of Japan at the end of the Bakufu and during the Meiji era. The term is sometimes...
to the Japanese government to assist Ito Hirobumi and Inoue Kowashi
Inoue Kowashi
Viscount was a statesman in Meiji period Japan.- Early life :Inoue was born into a samurai family in Higo Province , as the third son of Karō Iida Gongobei. In 1866 Kowashi was adopted by Inoue Shigesaburō, another retainer of the Nagaoka daimyō...
in drafting the Constitution of the Empire of Japan
Meiji Constitution
The ', known informally as the ', was the organic law of the Japanese empire, in force from November 29, 1890 until May 2, 1947.-Outline:...
. Afterwards, he worked on other important legal drafts, international agreements, and contracts and served as a cabinet advisor in the Home Ministry
Home Ministry (Japan)
The ' was a Cabinet-level ministry established under the Meiji Constitution that managed the internal affairs of Empire of Japan from 1873-1947...
, assisting Prime Minister Yamagata Aritomo
Yamagata Aritomo
Field Marshal Prince , also known as Yamagata Kyōsuke, was a field marshal in the Imperial Japanese Army and twice Prime Minister of Japan. He is considered one of the architects of the military and political foundations of early modern Japan. Yamagata Aritomo can be seen as the father of Japanese...
in establishing the draft laws and systems for local government. He lived in Japan from 1886 to 1890.
After leaving Japan, Mosse settled in Königsberg
Königsberg
Königsberg was the capital of East Prussia from the Late Middle Ages until 1945 as well as the northernmost and easternmost German city with 286,666 inhabitants . Due to the multicultural society in and around the city, there are several local names for it...
to be a state supreme court judge. He was awarded an honorary doctorate from the University of Königsberg
University of Königsberg
The University of Königsberg was the university of Königsberg in East Prussia. It was founded in 1544 as second Protestant academy by Duke Albert of Prussia, and was commonly known as the Albertina....
in 1903 and, during the following year, became honorary professor there for Civil procedural law
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...
and Commercial law
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
. After his retirement in 1907, he returned to Berlin where he served on the City Council and advised the Berlin municipal administration on various legal matters. He took part in public affairs of the Jewish community.
Literature
- Ishii Shiro: Fast wie mein eigen Vaterland: Briefe aus Japan 1886-1889 ("Almost like my own Fatherland: Letters from Japan 1886-1889"). Munich: Iudicium-Verlag 1995.
- Kraus, Elisabeth: Die Familie Mosse: deutsch-jüdisches Bürgertum im 19. und 20. Jahrhundert ("The Mosse family. German-Jewish bourgeoisie during the 19th and 20 century"). Munich: Beck 1999.
- Rott, Joachim: Albert Mosse (1846–1925), deutscher Jude und preußischer Richter ("Albert Mosse (1846-1925), German Jew and Prussian Judge"). In: Neue juristische Wochenschrift. Munich: Beck vol. 58 (2005), 9, p. 563