Heinrich Rudolf Hermann Friedrich von Gneist
Encyclopedia
Heinrich Rudolf Hermann Friedrich von Gneist (13 August 1816 – 22 July 1895), German
jurist
and politician
, was born at Berlin
, the son of a judge attached to the Kammergericht (court of appeal) in that city.
in Prussian Saxony, Gneist entered the Friedrich Wilhelm University of Berlin
in 1833 as a student of jurisprudence
, and became a pupil of the famous Roman law
teacher Savigny. Proceeding to the degree of doctor juris
in 1838, young Gneist immediately established himself as a Privatdozent
in the faculty of law. He had, however, already chosen the judicial branch of the legal profession as a career, and having while yet a student acted as Auscultator, was admitted Assessor in 1841.
He soon found leisure and opportunity to fulfill a much-cherished wish, and spent the next few years on an extended tour of Italy
, France
and England
. He used his Wanderjahre
for the purposes of comparative study, and on his return in 1844 was appointed extraordinary professor of Roman law in the University of Berlin
, and thus began a professorial connection which ended only with his death. The first fruits of his activity as a teacher were seen in his brilliant work, Die formellen Verträge des heutigen römischen Obligationen-Rechtes (Berlin, 1845). Pari passu
with his academic labors he continued his judicial career, and became in due course successively assistant judge of the superior court and of the supreme tribunal. But to a mind constituted such as his, the want of elasticity in the procedure of the courts was galling. In the preface to his Englische Verfassungsgeschichte, Gneist writes that he was brought up "in the laborious and rigid school of Prussian judges, at a time when the duty of formulating the matter in litigation was entailed upon the judge who personally conducted the pleadings, I became acquainted both with the advantages possessed by the Prussian bureau system as also with its weak points." Feeling the necessity for fundamental reforms in legal procedure, he published, in 1849, his Trial by Jury
, in which, after pointing out that the origin of that institution was common to both Germany and England, and showing in a masterly way the benefits which had accrued to the latter country through its more extended application, he pleaded for its freer admission in the tribunals of his own country.
The period of storm and stress
in 1848 afforded Gneist an opportunity for which he had yearned, and he threw himself with ardor into the constitutional struggles of Prussia. Although his candidature for election to the National Assembly
of that year was unsuccessful, he felt that the die was cast, and, deciding upon a political career, in 1850 retired from his judicial position. Entering the ranks of the National Liberal Party, he began both in writing and speeches actively to champion their cause, now busying himself pre-eminently with the study of constitutional law and history. In 1853 his Adel und Rittershaft was published in England, and in 1857 the Geschichte und heutige Gestalt der Ämter in England, a pamphlet primarily written to combat the Prussian abuses of government, but which the author also claimed had not been without its effect in modifying certain views that had until then ruled in England itself. In 1858 Gneist was appointed ordinary professor of Roman law.
Also in 1858, he commenced his parliamentary career by his election for Stettin to the Prussian House of Representatives, in which assembly he sat thenceforward uninterruptedly until 1893.
Joining the Left
, he at once became one of its leading spokesmen. His chief oratorical triumphs are associated with the early period of his membership of the House; two noteworthy occasions being his violent attack (September 1862) upon the government budget in connection with the reorganization of the Prussian army
, and his defense (1864) of the Polish chiefs of the Province of Posen
, who were accused of high treason.
He was a great admirer of the English constitution, and during 1857 to 1863 published Das heutige englische Verfassungs- und Verwaltungsrecht (Contemporary English constitutional law and administration). This work aimed at exercising political pressure upon the government of the day by contrasting English and German constitutional law
and administration.
In 1868 Gneist became a member of the North German
parliament, and acted as a member of the commission for organizing the federal army, and also of that for the settlement of controversial ecclesiastical questions. On the establishment of German unity his mandate was renewed for the Reichstag
, and there he served as an active and prominent member of the National Liberal party, until 1884. In the Kulturkampf
he sided with the government against the attacks of the Clericals, whom he bitterly denounced, and whose implacable enemy he ever showed himself. In 1879, together with his colleague, Hänel
, he violently attacked the motion for the prosecution of certain socialist members, which as a result of the vigor of his opposition was almost unanimously rejected. He was parliamentary reporter for the committees on all great financial and administrative questions, and his profound acquaintance with constitutional law caused his advice to be frequently sought, not only in his own but also in other countries. In Prussia
he greatly influenced legislation, the reform of the judicial and penal systems and the new constitution of the Evangelical Church
being largely his work. In 1875 he was appointed a member of the supreme administrative court (Oberverwaltungsgericht) of Prussia, but only held office for two years.
He was also consulted by the Japan
ese government when a constitution was being introduced into that country. In 1882, Japanese Prime Minister of Japan
Ito Hirobumi
and a delegation from Japan visited Europe
to study the government systems of various western nations. They met Gneist in Berlin
, and he instructed them in constitutional law
for a six month period. The Constutution of the Empire of Japan
reflects Gneist’s conservatism in limiting the powers of the parliament
, and strengthening those of the cabinet
. His student, Albert Mosse
, was later dispatched to Japan as a legal advisor to the Meiji government.
In 1882 was published his Englische Verfassungsgeschichte (trans. History of the English Constitution, London, 1886), which may perhaps be described as his . It placed the author at once on the level of such writers on English constitutional history as Hallam
and Stubbs
, and supplied English jurisprudence with a text-book almost unrivalled in its of historical research. In 1888 one of the first acts of the ill-fated Friedrich III, German Emperor, who as crown prince
had always shown great admiration for Gneist, was to ennoble him, and attach him as instructor in constitutional law to his son, Wilhelm II, German Emperor. The last years of his life were full of energy, and, in the possession of all his faculties, he continued his academic labors until a short time before his death.
Perhaps it should not be said that Gneist's career as a politician was entirely successful. In a country where parliamentary institutions are the living exponents of the popular will he might have risen to a foremost position in the state; as it was, the party to which he allied himself could never hope to become more than what it remained, a parliamentary faction, and the influence it for a time wielded in the counsels of the state waned as soon as the Social-Democratic party
grew to be a force to be reckoned with. It is as a writer and a teacher that Gneist is best known to posterity. He was a jurist of a special type: to him law was not mere theory, but a living force; and this conception of its power animates all his schemes of practical reform. As a teacher he exercised a magnetic influence, not only for the clearness and cogency of his exposition, but also because of the success with which he developed the talents and guided the aspirations of his pupils. He was a man of noble bearing, religious, and imbued with a stern sense of duty. He was proud of being a Junker
, and throughout his writings, despite their liberal tendencies, may be perceived the loyalty and affection with which he clung to monarchical institutions.
See O. Gierke, (Berlin, 1895), an address delivered in Berlin.
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...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
and politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
, was born at Berlin
Berlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...
, the son of a judge attached to the Kammergericht (court of appeal) in that city.
Biography
After receiving his secondary education at the gymnasium at EislebenEisleben
Eisleben is a town in Saxony-Anhalt, Germany. It is famous as the hometown of Martin Luther, hence its official name is Lutherstadt Eisleben. As of 2005, Eisleben had a population of 24,552...
in Prussian Saxony, Gneist entered the Friedrich Wilhelm University of Berlin
Humboldt University of Berlin
The Humboldt University of Berlin is Berlin's oldest university, founded in 1810 as the University of Berlin by the liberal Prussian educational reformer and linguist Wilhelm von Humboldt, whose university model has strongly influenced other European and Western universities...
in 1833 as a student of jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, and became a pupil of the famous Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
teacher Savigny. Proceeding to the degree of doctor juris
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
in 1838, young Gneist immediately established himself as a Privatdozent
Privatdozent
Privatdozent or Private lecturer is a title conferred in some European university systems, especially in German-speaking countries, for someone who pursues an academic career and holds all formal qualifications to become a tenured university professor...
in the faculty of law. He had, however, already chosen the judicial branch of the legal profession as a career, and having while yet a student acted as Auscultator, was admitted Assessor in 1841.
He soon found leisure and opportunity to fulfill a much-cherished wish, and spent the next few years on an extended tour of Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
and England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
. He used his Wanderjahre
Journeyman
A journeyman is someone who completed an apprenticeship and was fully educated in a trade or craft, but not yet a master. To become a master, a journeyman had to submit a master work piece to a guild for evaluation and be admitted to the guild as a master....
for the purposes of comparative study, and on his return in 1844 was appointed extraordinary professor of Roman law in the University of Berlin
Humboldt University of Berlin
The Humboldt University of Berlin is Berlin's oldest university, founded in 1810 as the University of Berlin by the liberal Prussian educational reformer and linguist Wilhelm von Humboldt, whose university model has strongly influenced other European and Western universities...
, and thus began a professorial connection which ended only with his death. The first fruits of his activity as a teacher were seen in his brilliant work, Die formellen Verträge des heutigen römischen Obligationen-Rechtes (Berlin, 1845). Pari passu
Pari passu
Pari passu is a Latin phrase that literally means "with an equal step" or "on equal footing." It is sometimes translated as "ranking equally", "hand-in-hand," "with equal force," or "moving together," and by extension, "fairly," "without partiality."...
with his academic labors he continued his judicial career, and became in due course successively assistant judge of the superior court and of the supreme tribunal. But to a mind constituted such as his, the want of elasticity in the procedure of the courts was galling. In the preface to his Englische Verfassungsgeschichte, Gneist writes that he was brought up "in the laborious and rigid school of Prussian judges, at a time when the duty of formulating the matter in litigation was entailed upon the judge who personally conducted the pleadings, I became acquainted both with the advantages possessed by the Prussian bureau system as also with its weak points." Feeling the necessity for fundamental reforms in legal procedure, he published, in 1849, his Trial by Jury
Trial by Jury
Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its...
, in which, after pointing out that the origin of that institution was common to both Germany and England, and showing in a masterly way the benefits which had accrued to the latter country through its more extended application, he pleaded for its freer admission in the tribunals of his own country.
The period of storm and stress
Sturm und Drang
Sturm und Drang is a proto-Romantic movement in German literature and music taking place from the late 1760s through the early 1780s, in which individual subjectivity and, in particular, extremes of emotion were given free expression in reaction to the perceived constraints of rationalism...
in 1848 afforded Gneist an opportunity for which he had yearned, and he threw himself with ardor into the constitutional struggles of Prussia. Although his candidature for election to the National Assembly
Frankfurt Parliament
The Frankfurt Assembly was the first freely elected parliament for all of Germany. Session was held from May 18, 1848 to May 31, 1849 in the Paulskirche at Frankfurt am Main...
of that year was unsuccessful, he felt that the die was cast, and, deciding upon a political career, in 1850 retired from his judicial position. Entering the ranks of the National Liberal Party, he began both in writing and speeches actively to champion their cause, now busying himself pre-eminently with the study of constitutional law and history. In 1853 his Adel und Rittershaft was published in England, and in 1857 the Geschichte und heutige Gestalt der Ämter in England, a pamphlet primarily written to combat the Prussian abuses of government, but which the author also claimed had not been without its effect in modifying certain views that had until then ruled in England itself. In 1858 Gneist was appointed ordinary professor of Roman law.
Also in 1858, he commenced his parliamentary career by his election for Stettin to the Prussian House of Representatives, in which assembly he sat thenceforward uninterruptedly until 1893.
Joining the Left
Left-wing politics
In politics, Left, left-wing and leftist generally refer to support for social change to create a more egalitarian society...
, he at once became one of its leading spokesmen. His chief oratorical triumphs are associated with the early period of his membership of the House; two noteworthy occasions being his violent attack (September 1862) upon the government budget in connection with the reorganization of the Prussian army
Prussian Army
The Royal Prussian Army was the army of the Kingdom of Prussia. It was vital to the development of Brandenburg-Prussia as a European power.The Prussian Army had its roots in the meager mercenary forces of Brandenburg during the Thirty Years' War...
, and his defense (1864) of the Polish chiefs of the Province of Posen
Province of Posen
The Province of Posen was a province of Prussia from 1848–1918 and as such part of the German Empire from 1871 to 1918. The area was about 29,000 km2....
, who were accused of high treason.
He was a great admirer of the English constitution, and during 1857 to 1863 published Das heutige englische Verfassungs- und Verwaltungsrecht (Contemporary English constitutional law and administration). This work aimed at exercising political pressure upon the government of the day by contrasting English and German 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....
and administration.
In 1868 Gneist became a member of the North German
North German Confederation
The North German Confederation 1866–71, was a federation of 22 independent states of northern Germany. It was formed by a constitution accepted by the member states in 1867 and controlled military and foreign policy. It included the new Reichstag, a parliament elected by universal manhood...
parliament, and acted as a member of the commission for organizing the federal army, and also of that for the settlement of controversial ecclesiastical questions. On the establishment of German unity his mandate was renewed for the Reichstag
Reichstag (German Empire)
The Reichstag was the parliament of the North German Confederation , and of the German Reich ....
, and there he served as an active and prominent member of the National Liberal party, until 1884. In the Kulturkampf
Kulturkampf
The German term refers to German policies in relation to secularity and the influence of the Roman Catholic Church, enacted from 1871 to 1878 by the Prime Minister of Prussia, Otto von Bismarck. The Kulturkampf did not extend to the other German states such as Bavaria...
he sided with the government against the attacks of the Clericals, whom he bitterly denounced, and whose implacable enemy he ever showed himself. In 1879, together with his colleague, Hänel
Albert Hänel
Albert Hänel was a German jurist and politician.-Biography:Hänel was born in Leipzig. He studied at Vienna, Leipzig, and Heidelberg, in 1860 became a professor at Königsberg, and in 1863 at Kiel...
, he violently attacked the motion for the prosecution of certain socialist members, which as a result of the vigor of his opposition was almost unanimously rejected. He was parliamentary reporter for the committees on all great financial and administrative questions, and his profound acquaintance with constitutional law caused his advice to be frequently sought, not only in his own but also in other countries. In Prussia
Prussia
Prussia was a German kingdom and historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organized and effective army. Prussia shaped the history...
he greatly influenced legislation, the reform of the judicial and penal systems and the new constitution of the Evangelical Church
Evangelical Church
The term Evangelical Church may refer specifically to:* Slovak Evangelical Church* Armenian Evangelical Church* Assyrian Evangelical Church* Christian Evangelical Church of Romania* Ethiopian Evangelical Church Mekane Yesus...
being largely his work. In 1875 he was appointed a member of the supreme administrative court (Oberverwaltungsgericht) of Prussia, but only held office for two years.
He was also consulted by the 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...
ese government when a constitution was being introduced into that country. In 1882, Japanese Prime Minister of Japan
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
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 a delegation from Japan visited 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 study the government systems of various western nations. They met Gneist in Berlin
Berlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...
, and he instructed them in 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....
for a six month period. The Constutution 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:...
reflects Gneist’s conservatism in limiting the powers of the parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
, and strengthening those of the cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
. His student, Albert Mosse
Albert Mosse
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.-Biography:...
, was later dispatched to Japan as a legal advisor to the Meiji government.
In 1882 was published his Englische Verfassungsgeschichte (trans. History of the English Constitution, London, 1886), which may perhaps be described as his . It placed the author at once on the level of such writers on English constitutional history as Hallam
Henry Hallam
Henry Hallam was an English historian.-Life:The only son of John Hallam, canon of Windsor and dean of Bristol, Henry Hallam was educated at Eton and Christ Church, Oxford, graduating in 1799...
and Stubbs
William Stubbs
William Stubbs was an English historian and Bishop of Oxford.The son of William Morley Stubbs, a solicitor, he was born at Knaresborough, Yorkshire, and was educated at Ripon Grammar School and Christ Church, Oxford, where he graduated in 1848, obtaining a first-class in classics and a third in...
, and supplied English jurisprudence with a text-book almost unrivalled in its of historical research. In 1888 one of the first acts of the ill-fated Friedrich III, German Emperor, who as crown prince
Crown Prince
A crown prince or crown princess is the heir or heiress apparent to the throne in a royal or imperial monarchy. The wife of a crown prince is also titled crown princess....
had always shown great admiration for Gneist, was to ennoble him, and attach him as instructor in constitutional law to his son, Wilhelm II, German Emperor. The last years of his life were full of energy, and, in the possession of all his faculties, he continued his academic labors until a short time before his death.
Perhaps it should not be said that Gneist's career as a politician was entirely successful. In a country where parliamentary institutions are the living exponents of the popular will he might have risen to a foremost position in the state; as it was, the party to which he allied himself could never hope to become more than what it remained, a parliamentary faction, and the influence it for a time wielded in the counsels of the state waned as soon as the Social-Democratic party
Social Democratic Party of Germany
The Social Democratic Party of Germany is a social-democratic political party in Germany...
grew to be a force to be reckoned with. It is as a writer and a teacher that Gneist is best known to posterity. He was a jurist of a special type: to him law was not mere theory, but a living force; and this conception of its power animates all his schemes of practical reform. As a teacher he exercised a magnetic influence, not only for the clearness and cogency of his exposition, but also because of the success with which he developed the talents and guided the aspirations of his pupils. He was a man of noble bearing, religious, and imbued with a stern sense of duty. He was proud of being a Junker
Junker
A Junker was a member of the landed nobility of Prussia and eastern Germany. These families were mostly part of the German Uradel and carried on the colonization and Christianization of the northeastern European territories during the medieval Ostsiedlung. The abbreviation of Junker is Jkr...
, and throughout his writings, despite their liberal tendencies, may be perceived the loyalty and affection with which he clung to monarchical institutions.
Works
Gneist was a prolific writer, especially on the subject he had made peculiarly his own, that of constitutional law and history, and among his works, other than those above named, may be mentioned the following:- (Berlin, 1867)
- (Berlin, 1867)
- (Berlin, 1872, and 2nd edition, 1879)
- (Leipzig, 1880)
- (Berlin, 1886); in English translation, The English Parliament (London, 1886; 3rd edition, 1889)
- (Berlin, 1893)
- (Berlin, 1895)
- (Berlin, 1895)
See O. Gierke, (Berlin, 1895), an address delivered in Berlin.