Paul Hinschius
Encyclopedia
Paul Hinschius German
jurist
, was the son of Franz Sales August Hinschius (1807-1877), and was born in Berlin
.
His father was not only a scientific jurist, but also a lawyer
in large practice in Berlin. After working under his father, Hinschius in 1852 began to study jurisprudence
at Heidelberg and Berlin, the teacher who had most influence upon him being Aemilius Ludwig Richter (1808-1864), to whom he afterwards ascribed the great utriusque juris, and in 1859 was admitted to the juridical faculty of Berlin. In 1863 he went as professor extraordinarius to Halle, returning in the same capacity to Berlin in 1865; and in 1868 became professor ordinarius at the university of Kiel
, which he represented in the Prussia
n Upper House (1870-1871).
He also assisted his father in editing the Preussische Anwaltszeitung from 1862 to 1866 and the Zeitschrift fur Gesetzgebung and Rechtspflege in Preussen from 1867 to 1871. In 1872 he was appointed professor ordinarius of ecclesiastical law at Berlin.
In the same year he took part in the conferences of the ministry of ecclesiastical affairs, which issued in the famous "Falk Laws
." In connexion with the developments of the Kulturkampf
which resulted from the "Falk Laws," he wrote several treatises: e.g. on "The Attitude of the German State Governments towards the Decrees of the Vatican Council
" (1871), on "The Prussian Church Laws of 1873" (1873), "The Prussian Church Laws of the years 1874 and 1875" (1875), and "The Prussian Church Law of 14th July 1880" (1881). He sat in the Reichstag as a National Liberal from 1872 to 1878, and again in 1881 and 1882, and from 1889 onwards he represented the university of Berlin in the Prussian Upper House.
The two great works by which Hinschius established his fame are the Decretales Pseudo-Isidorianae et capitula Angilrantni (2 parts, Leipzig, 1863) and Das Kirchenrecht der Katholiken and Protestanten in Deutschland, vols. i.-vi. (Berlin, 1869-1877). The first of these, for which during 1860 and 1861 he had gathered materials in Italy
, Spain
, France
, England
, Scotland
, Ireland
, the Netherlands
and Belgium
, was the first critical edition of the False Decretals.
His most monumental work, however, is the Kirchenrecht, which remains incomplete. The six volumes actually published (System des katholischen Kirchenrechts) cover only book i. of the work as planned; they are devoted to an exhaustive historical and analytical study of the Roman Catholic hierarchy and its government of the church. The work is planned with special reference to Germany; but in fact its scheme embraces the whole of the Roman Catholic organization in its principles and practice.
Unfortunately even this part of the work remains incomplete; two chapters of book i. and the whole of book ii., which was to have dealt with "the rights and duties of the members of the hierarchy," remain unwritten; the most notable omission is that of the ecclesiastical law in relation to the regular orders.
Incomplete as it is, however, the Kirchenrecht remains a work of the highest scientific authority. Epoch-making in its application of the modern historical method to the study of ecclesiastical law in its theory and practice, it has become the model for the younger school of canonists. See the articles by Emil Seckel
in Herzog-Hauck, Realencyklopädie (3rd ed., 1900), and by Ulrich Stutz in the Allgemeine deutsche Biographie
, vol. 50 (Leipzig, 1905).
----
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...
, was the son of Franz Sales August Hinschius (1807-1877), and was born 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...
.
His father was not only a scientific jurist, but also a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
in large practice in Berlin. After working under his father, Hinschius in 1852 began to study 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...
at Heidelberg and Berlin, the teacher who had most influence upon him being Aemilius Ludwig Richter (1808-1864), to whom he afterwards ascribed the great utriusque juris, and in 1859 was admitted to the juridical faculty of Berlin. In 1863 he went as professor extraordinarius to Halle, returning in the same capacity to Berlin in 1865; and in 1868 became professor ordinarius at the university of Kiel
University of Kiel
The University of Kiel is a university in the city of Kiel, Germany. It was founded in 1665 as the Academia Holsatorum Chiloniensis by Christian Albert, Duke of Holstein-Gottorp and has approximately 23,000 students today...
, which he represented in the 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...
n Upper House (1870-1871).
He also assisted his father in editing the Preussische Anwaltszeitung from 1862 to 1866 and the Zeitschrift fur Gesetzgebung and Rechtspflege in Preussen from 1867 to 1871. In 1872 he was appointed professor ordinarius of ecclesiastical law at Berlin.
In the same year he took part in the conferences of the ministry of ecclesiastical affairs, which issued in the famous "Falk Laws
Falk Laws
The May Laws of 1873 were legislative bills enacted during the Kulturkampf that gave responsibility for the training and appointment of clergy to the state, which resulted in the closing of nearly half of the seminaries in Prussia by 1878...
." In connexion with the developments of 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...
which resulted from the "Falk Laws," he wrote several treatises: e.g. on "The Attitude of the German State Governments towards the Decrees of the Vatican Council
Vatican Council
The First Vatican Council took place in 1869 - 1870 and was the 20th of ecumenical councils recognized by Roman Catholicism.The Second Vatican Council took place in the 1962 - 1965 and was the 21st....
" (1871), on "The Prussian Church Laws of 1873" (1873), "The Prussian Church Laws of the years 1874 and 1875" (1875), and "The Prussian Church Law of 14th July 1880" (1881). He sat in the Reichstag as a National Liberal from 1872 to 1878, and again in 1881 and 1882, and from 1889 onwards he represented the university of Berlin in the Prussian Upper House.
The two great works by which Hinschius established his fame are the Decretales Pseudo-Isidorianae et capitula Angilrantni (2 parts, Leipzig, 1863) and Das Kirchenrecht der Katholiken and Protestanten in Deutschland, vols. i.-vi. (Berlin, 1869-1877). The first of these, for which during 1860 and 1861 he had gathered materials in 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...
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, 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...
, 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...
, Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
and Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, was the first critical edition of the False Decretals.
His most monumental work, however, is the Kirchenrecht, which remains incomplete. The six volumes actually published (System des katholischen Kirchenrechts) cover only book i. of the work as planned; they are devoted to an exhaustive historical and analytical study of the Roman Catholic hierarchy and its government of the church. The work is planned with special reference to Germany; but in fact its scheme embraces the whole of the Roman Catholic organization in its principles and practice.
Unfortunately even this part of the work remains incomplete; two chapters of book i. and the whole of book ii., which was to have dealt with "the rights and duties of the members of the hierarchy," remain unwritten; the most notable omission is that of the ecclesiastical law in relation to the regular orders.
Incomplete as it is, however, the Kirchenrecht remains a work of the highest scientific authority. Epoch-making in its application of the modern historical method to the study of ecclesiastical law in its theory and practice, it has become the model for the younger school of canonists. See the articles by Emil Seckel
Emil Seckel
Emil Seckel was a German jurist, law historian.- Literary works :* Beiträge zur Geschichte beider Rechte Mittelalter, 1898* Gestaltungsrechte des bürgerlichen Rechts, 1903...
in Herzog-Hauck, Realencyklopädie (3rd ed., 1900), and by Ulrich Stutz in the Allgemeine deutsche Biographie
Allgemeine Deutsche Biographie
Allgemeine Deutsche Biographie is one of the most important and most comprehensive biographical reference works in the German language....
, vol. 50 (Leipzig, 1905).
----