Frank Grunert: Natural law at the Universities of Halle and Leipzig
The topic of the project is the teaching of natural law at the Universities of Halle and Leipzig from 1625 to 1850.
Halle University was established in 1694 and has functioned continuously with only a very short break in 1807. The archives contain almost all lecture announcements of the University from the start. There were lectures on natural law at the juridical and philosophical faculties in every semester between 1694 and 1850, except the winter semester 1842 and the summer semester 1843. The number of courses was constant at around 5 per semester from 1694 until 1750, when it generally dropped a little only to pick up from 1790, reaching a peak in the summer semester 1797 with 14 courses. After 1800 the number decreased again, but lectures continued until 1850 with one to three courses per semester, and there were some also after 1850.
All in all there were 1.151 lecture courses on natural law given by 84 different professors in the period 1694-1850. The professor with most courses was Johann Christoph Hoffbauer with 90 between 1790 and 1827. From the announcements of lectures we can learn some details of their content. In many though not all cases we can find the theories and authors discussed and the texts used, often the lecturer’s own publications. There is mention of 51 different authors. Between 1694 and 1741,175 courses were devoted to the theory of natural law by Samuel Pufendorf, mostly his De officio hominis et civis. The lecturers included Johann Samuel Stryk, Johann Peter Ludwig, Nicolaus Hieronymus Gundling, Johann Gottlieb Heineccius, Justus Henning Böhmer, Carl Gottlieb Knorr and Johann Tobias Carrach, a who-is-who of the natural law tradition at Halle University in the first half of the eighteenth century.
Leipzig University was founded in 1409 and has worked without interruption since then. There are gaps in the sources for lecture announcements, and within the period of the present project full records are only available from 1773 to 1850. There were courses on natural law in every semester that we have analysed, except for several years around 1700. In all for our period, the incomplete records show a total of 965 courses on natural law, given by 106 professors. The professor with most courses was Ernst Carl Wieland with 68 between 1777 and 1827. The natural law theories of 77 different authors are mentioned, the most noted of them Ludwig Julius Friedrich Höpfner in 130 lectures between 1781 and 1813.
In the choice of doctrines and authors Halle dominated over Leipzig. While several Halle lecturers were taught at Leipzig, no Leipzig lecturers were used in Halle, with one exception. Nicolaus Hieronymus Gundling (fifty courses), Johann Christoph Hoffbauer (six), Ludwig Heinrich Jakob (two), Ernst Ferdinand Klein (six), Daniel Nettelbladt (one), and Theodor Schmalz (two) were all taught in Leipzig. Only the Leipziger Adam Rechenberg's doctrine was taught in Halle, once in 1695, by Johann Franz Budde).
Director Frank Grunert Interdisziplinäres Zentrum für die Erforschung der europäischen Aufklärung Martin-Luther-Universität Halle-Wittenberg Franckeplatz 1, Haus 54 06110 Halle (Saale)
Collaborators Dominik Recknagel Interdisziplinäres Zentrum für die Erforschung der europäischen Aufklärung Martin-Luther-Universität Halle-Wittenberg Franckeplatz 1, Haus 54 06110 Halle (Saale)
Institution Interdisziplinäres Zentrum für die Erforschung der europäischen Aufklärung Martin-Luther-Universität Halle-Wittenberg Franckeplatz 1, Haus 54 06110 Halle (Saale)
Diethelm Klippel:Natural Law at the Universities of Altdorf, Bamberg, Erlangen, Ingolstadt/Landshut/München and Würzburg in the 18th and 19th centuries
Ingolstadt and Würzburg
The University of Ingolstadt was founded in 1459 by the Wittelsbach Duke of Bavaria, Ludwig IX. Until the reorganization of the German territories at the beginning of the 19th century and the formation of the Bavarian kingdom, the University of Ingolstadt remained the only university of the Bavarian territory (Landesuniversität). In Würzburg an abortive attempt to found a university was made already in 1402 by Bishop Johann I von Egloffstein, the first in Germany by an ecclesiastical prince. Bishop Julius Echter von Mespelbrunn had more success in 1575 by expanding the gymnasium that his predecessor Friedrich von Wirsberg had instituted.
The two universities were similar in some respects, both being academia catholica and representatives of post-Tridentine Catholicism. They were also connected through constitutional and personal links. Thus the 1566 Ingolstadt statutes were a model for the foundation of Würzburg. And the lawyer Johann Adam Ickstatt and his pupil Johann Georg Weishaupt taught at both universities. In Würzburg, Ickstatt taught Ius publicum et Ius naturae for ten years before moving to Ingolstadt in 1746, where he taught Ius publicum, naturae et gentium et Ius oeconomico generale and masterminded the reform of the university. Still, the universities developed differently during the 17th and 18th centuries, and this presumably had an effect on how natural law was received. At Ingolstadt - after an existential crisis during the middle of the 16th century - the newly founded Societas Jesu took over main parts of the university, and although Ingolstadt never became an entirely Jesuit university, it became a symbol of the counter-reformation and lost its South German preeminence to Salzburg and Würzburg. Although the Jesuit dominance ended in the middle of the 18th century, Ickstatt and especially his pupil Johann Georg Lori were facing opposition when trying to introduce new textbooks and compendia written by Protestant authors. At Würzburg University, on the other hand, already Julius Echter von Mespelbrunn tried to limit the Jesuit influence, and with the election of the imperial vice chancellor (Reichsvizekanzler) Friedrich Karl von Schönborn to the see of Würzburg in 1729 the green light was given for the establishment of natural law as a teaching subject. Schönborn, who was keen to modernize his territory, immediately began to reform the Academia Julia. For the faculty of law this meant the introduction of several new subjects, such as Jus publicum, Jus feudale et praxos and Jus naturae et gentium. The last, it seems, was mainly regarded as a propaedeutic subject for the Jus publicum and later for legal training in general. Schönborn admitted Lutheran and Reformed students, and when he offered Johann Adam Ickstatt the new chair in Ius Naturae in 1731 (15 years earlier than the Ingolstadt chair), Ickstatt was free to use the latest textbooks for his teachings, most of them written by Protestant authors.
Concerning the sources relating to the University of Ingolstadt the situation is the following. In 1800 the university was first relocated to Landshut and then – only 26 years later - to Munich. As a result most of the sources concerning Ingolstadt are preserved at the university archives of the Ludwig-Maximilians-University, which is the legal successor of the University of Ingolstadt. For example, all lecture timetables from 1777 onwards and a printed list (starting in 1472) including all doctoral candidates and their dissertationtopics are available there. Some earlier lecture timetables can be found at the Bavarian State Library. Additionally the papers of the Bavarian authorities are preserved at the Bavarian State Archives, and here we find curricula for all faculties as well as drafts thereof and lecture timetables with comments.
Regarding Würzburg, the Urkundenbuch (1882) by Franz Xaver von Wegele is of special interest as it preserved many documents from the university history which were lost during WW II. Wegele for example edited a list (Kurzes Verzeichnis dessen, was an der Universität unentgeltlich gelehrt wird) showing all courses, including courses in Naturae et gentium jus, which were free of fees in 1734. The lecture timetables from 1785/86 onwards are available at the Würzburg university library. Another important source of information until the middle of the 19th century is Friedrich Anton Leopold Reuß’ collection of original documents. The volume concerning the faculty of law contains documents ranging from the end of the 16th century to the middle of the 19th century, including dissertations, princely orders, bibliographies for exam revisions, etc. A similar volume concerning the faculty of arts, includes a list of publications of the faculty members.
Altdorf, Erlangen and Bamberg
Altdorf. The so called “Academia Norica”, founded by the City of Nuremberg in 1575 as a gymnasium illustre in the nearby small town of Altdorf, received university privileges in 1622. It was one of three universities in the Holy Roman Empire – besides the Universities of Cologne and Straßbourg– founded and maintained by an Imperial city. Due to its location, Altdorf held an exceptional position in the educational landscape of the Empire until the early eighteenth century: it was the only Protestant University in South-East Germany, and it attracted many Protestant students from the Habsburg territories, such as Bohemia and Silesia. The Faculty of Law in particular enjoyed a distinguished reputation. Georg Andreas Will, Professor at the Faculty of Philosophy, wrote in his history of the University, published in 1795, that the chair of natural law and the law of nations had been installed in the Faculty of Law (in 1757). In his opinion this was a mistake, as natural law already had been taught in addition to Ethics and Politics as parts of Moral Philosophy. The lecture timetables, which have survived for the period 1624 to 1809, when the University of Altdorf was closed, confirm that the professor of moral philosophy, Christian Gottlieb Schwarz, had offered lectures in natural law regularly from 1709 into the 1750s. In fact natural law had been taught in both faculties since the end of the 17th century, starting with lectures on Grotius’ De jure belli ac pacis by the lawyer Johann Christoph Wagenseil in 1679. Although from 1709 till the middle of the 18th century the Faculty of Law was lacking lessons in natural law , it now became part of the public lessons (collegia publica/collegia ordinaria), while lectures on natural law in the Faculty of Philosophy remained additional to the ordinary curroculum (lectiones extraordinariae).
Regarding the sources for Altdorf, the main part is preserved at the Erlangen-Nürnberg University Library and at the State Archive in Nuremberg. The material retained at the City Library of Nuremberg is also interesting: Here one can find the literary remains of several Altdorf scholars, such as the natural law professor Johann Christian Siebenkees and the professor of philosophy and history Georg Andreas Will (1727-1798). Wills’ papers include some 8.000 letters, and his library, the Bibliotheca Norica Williana, bequeathed to the City Library six years before his death in 1792, contains 15.500 prints, 2.400 manuscripts and 6.000 letters, inter alia an almost complete collection of Altdorf dissertations. Lecture notes may be found in these collections.
Erlangen. The University of Erlangen may in some respects be regarded as successor to the University of Altdorf. Altdorf’s declining significance in the second half of the 18th century is presumably associated with the foundation of the more modern university at Erlangen in 1743. Margrave Friedrich of Brandenburg-Bayreuth, intending to provide higher education and training for his future civil servants as well as to further the reputation of his reign, established this new institution of learning in his secondary residence. In doing so he followed the example of the reform universities of Halle and Göttingen. In Erlangen jus naturale was usually taught by lawyers, though as part of their second professorship at the Faculty of Philosophy. Around the middle of the 19th century, ius naturale disappeared from the timetables of the Faculty of Philosophy and merged into the Philosophy of Right, taught at the Faculty of Law.
Research on the history of the University of Erlangen can be based on extensive source material preserved at the University Archive, the University Library, and the State Archives in Nuremberg and Bamberg. The lecture timetables have been preserved for the entire period of relevance to the natural law project. Of great use are two recently completed projects at the University of Erlangen: A catalogue of all professors who taught there from 1743 to 1960, including their biographies and publication lists; and a register of all graduations from 1743 to 1885, based on prints, library catalogues and archival material. The University Archive holds a large number of unprinted dissertations, as only a small proportion of graduation theses actually appeared in print.
Bamberg. In 1647/48 Prince-Bishop Melchior Otto Voigt von Salzburg (1642-1653) enhanced the “Collegium Ernestinum” to an Academy. The “Academia Ottoniana Bambergensis“ consisted of a Faculty of Theology and a Faculty of Philosophy and was run by the Societas Jesu. Only in 1735 was a Faculty of Law added by Friedrich Karl von Schönborn, Bishop of Würzburg and Bamberg, who had also been responsible for the university reforms in Würzburg. The Faculty of Law existed until 1803, when the University of Bamberg was closed because of the secularization of the bishopric. In contrast to the University of Würzburg no chair of natural law was established at Bamberg. But as early as 1735 Alexander Hammer, highest-ranking law professor, was instructed to include “Ius naturae et gentium” in his private lessons. Until the middle of the 18th century, natural law was usually taught by the professor who also taught public law. Later Ius naturae was combined with Institutiones as both disciplines served as basis for higher studies in law. In the beginning Ius naturae et gentium was not favoured by the students, who argued that their fathers had not visited such lectures. But the Bishop’s government insisted. During their own education most of the Bamberg law teachers had also visited protestant universities (Göttingen, Marburg, Gießen, Jena, Leipzig, Halle and Altdorf).
Concerning the textbooks, Schönborn instructed the professors to base the public lectures on natural law on Johann Gottlieb Heineccius. After his reign, the teaching of natural law was primarily based on Samuel Pufendorf (1772/73-1776/77), Gottfried Achenwall (1777/78-1786/87), Ludwig Julius Friedrich Höpfner (since 1787/88) and Gottlieb Hufeland (since 1797/98).
The Bamberg law faculty lecture lists from 1756/57 onwards are still extant, with small gaps that can be filled by using the rich Bamberg archival material. Especially for the early years of the law faculty the instructions by the prince bishop to the university teachers are very useful. Apart from the teachers’ names they show us the subjects taught as well as the textbooks that the lecturers were supposed to use.
Director Diethelm Klippel Universität Bayreuth Rechts- und Wirtschafts- wissenschaftliche Fakultät Gebäude B 9 95440 Bayreuth
Collaborators Katharina Beiergrößlein Iris von Dorn Universität Bayreuth Universitätsstraße 30 95447 Bayreuth Germany
Institution Universität Bayreuth Rechts- und Wirtschafts- wissenschaftliche Fakultät Gebäude B 9 95440 Bayreuth
Gerhard Lingelbach: Natural law at the University of Jena
Natural law at the University of Jena
Seit dem ausgehenden 17. Jh. sind an der Jenaer Universität zunächst vereinzelt Diskussionen, ab der Mitte des 18. Jahrhunderts zunehmend Vorlesungen der Philosophen wie Juristen zum Naturrecht nachzuweisen.
Philosophisch ist der Raum Jena und Weimar von besonderer Bedeutung durch die maßgeblich von hier ausgehende Rezeption der Philosophie Kants seit dem Ende der 1780er Jahre mit der anschließenden Auseinandersetzung zwischen Schmid, Reinhold und Fichte ab dem Jahr 1794. Für die Rechtsphilosophie führt diese Konstellation zu einer - zunächst maßgeblich in dem von F. I. Niethammer herausgegebenen Journal einer Gesellschaft Teutscher Gelehrten sowie in einer Reihe eigenständiger rechtswissenschaftlicher Werke ausgetragenen -
Jenaer Naturrechtsdebatte. In knapp zwei Jahrzehnten wurden intensiv Diskussionen zwischen Rechtswissenschaft und Rechtsphilosophie über die Legitimation des Rechts im Allgemeinen und der von Menschenrechten im Besonderen, den Status und die Erscheinungsformen des überpositiven Rechts geführt. Vor diesem Hintergrund wurde die Legitimität des Staates hinterfragt und zugleich die Verbindung mit der Naturgeschichte und dem positiven Recht - insbesondere die Bedeutung des Naturrechts für das Straf- wie Verfassungsrecht als auch für Fragen um den rechtlich definierten Beginn des Lebens - ersichtlich.
Die Intensität der Diskussionen, welche von den Gelehrten beider Fakultäten gleichermaßen geführt wurde, lässt sich in einer großen Zahl verfasster Schriften nachvollziehen und kann unter dem o. g. Begriff zusammengefasst werden. Diese Debatte hatte bis zum Ende des ersten Jahrzehnts des 19. Jahrhunderts nicht nur einen nachhaltigen Einfluss auf die Entwicklung der Rechtsphilosophie, sondern auch auf die Entwicklung der Rechtspraxis und der Politik. Nur beispielhaft: Gottlieb Hufelands Lehrsätze des Naturrechts (Jena 1790) und Karl Christian Friedrich Krauses Grundlage des Naturrechts, oder philosophischer Grundriss des Ideales des Rechts (Jena 1803). Dazu gehören ebenso die naturrechtlichen Schriften von Fichte, Heydenreich, Hoffbauer, Schelling, Schmalz, Schmid u. a..
Director Gerhard Lingelbach Professur für Bürgerliches Recht und Deutsche Staats- und Rechtsgeschichte Friedrich-Schiller-Universität Jena Carl-Zeiß-Straße 3 07743 Jena Germany
Heiner Lück: Natural law at the University of Wittenberg
This project deals with sources, persons, discussions, official orders and institutions concerning natural law at the University of Wittenberg, which existed between 1502 and 1813/1817. The knowledge about this subject is very incomplete and doubtful. Focused research in this field is to be done.
World-wide traditional topics of Wittenberg’s history are connected with the reformation and Martin Luther, but not with questions concerning natural law and enlightenment in the 17th and 18th century. That’s why a take-off is necessary, in order to get a picture of the situation and potency of Wittenberg’s natural law in the frame of European developments.
Representatives of natural law teaching in Wittenberg are: Caspar Ziegler (1621-1690), Georg Beyer (1665-1714), Hermann Kemmerich (1677-1745), Michael Heinrich Griebner (1682-1734), Karl Christian Kohlschütter (1764-1837), Karl Salomo Zachariae (1769-1743), Wilhelm Traugott Krug (1770-1842), and other scholars.
Director Heiner Lück Lehrstuhl für Bürgerliches Recht, Europäische, Deutsche u. Sächsische Rechtsgeschichte Juristische und Wirtschaftswissenschaftliche Fakultät Martin-Luther-Universität Halle-Wittenberg Universitätsring 4 06108 Halle (Saale) Germany
The topic of the project is the teaching of natural law in Austria.
Director Wilhelm Brauneder O.Univ.Prof. Dr.jur. Mag.rer.soc.oec. Institut für Rechts- und Verfassungsgeschichte Juridicum Universität Wien Schottenbastei 10-16 A-1010 Wien Austria
Institution Universität Wien Schottenbastei 10-16 A-1010 Wien Austria
Natural Law in Denmark
Sebastian Olden-Jørgensen: Natural Law at Copenhagen University
Natural Law at Copenhagen University
The digitisation project will be operated by Det Kongelige Bibliotek (The Royal Library) in Copenhagen as part of their continuing digitisation of the most valuable and interesting parts of the library's manuscript collections. I will supply a list of relevant manuscripts to the head of the manuscript department, librarian Ivan Boserup, who will decide (favourably). I have compiled a list of 20 manuscripts, mainly "Nachschriften" dating from 1678 to ca. 1750. The manuscripts are in Latin, German and French. They are from Leipzig (Jacob Thomasius), Frankfurt an der Oder (Heinrich von Cocceji), Halle (Christian Thomasius and Nic. Hier. Gundling), Jena (Gottlieb Stolle), Utrecht/Leiden (Joh. Jac. Vitriarius), Hamburg (Joh. Alb. Fabricius) and Marburg. There are also a number of manuscripts without provenance. Only a couple of the manuscripts owners are known. A second group of 26 manuscripts derive from natural law teaching in Denmark proper (Sorø and Copenhagen). They cover the years 1644-1789. Only a single manuscript relates to Sorø. Most of the manuscripts are easily legible. Several of them probably are not students' notes but professional "Nachschriften" bought from fellow students. In a first phase the first group consisting of manuscripts from foreign universities will be scanned and attempts been made to identify the relevant authors and universities in case this information is missing. However, digitisation and subsequent publication on The Royal Library's website will help identification by other members of the network. The second phase will focus on the manuscripts with connection to Danish university teaching. A possible research project in connection with this group of manuscripts will follow.
Director Sebastian Olden-Jørgensen Associate professor Saxo-Institute History Section Njalsgade 80 DK - 2300 København S Denmark
Institution Det Kongelige Bibliotek The Royal Library Post box 2149 DK - 1016 København K Denmark
Mads L. Jensen: Database for Danish authors and sources
Database for Danish authors and sources
Biography: Andreas Hojer (1690-1739) was the first professor of natural law in Denmark-Norway. The professorship introduced with a revision of the statutes of Copenhagen University in 1732, stipulating that the professor, one of two, should teach “ius naturae et gentium and ius publicum, as well as moral philosophy once per week”. Hojer held the position, formally designated as “professor iuris universalis atque publici”, from 1734 to his death in 1739 in Schleswig.
From Karlum in Tønder district in Schleswig (40 kilometres west of Flensburg), Hojer was from a family of pastors and churchmen sympathetic to irenic and Pietist strands within Lutheranism. Trained in Latin, Greek, Hebrew, and French from home, he was sent to Halle in Spring 1706 to attend August Hermann Francke (1663-1727)'s Pietist Paedagogium. In the autumn of the following year, Hojer enrolled at the university of Halle, where he studied moral philosophy, natural law, history and ius publicum under Christian Thomasius (1655-1728), Johann Peter von Ludewig (1668-1743), and Nikolaus Hieronimus Gundling (1671-1729) until 1709.
Having returned to Denmark and Copenhagen, Hojer was appointed as tutor to the sons of Geheimrath Johan Georg von Holstein (1662–1730). He accompanied them on their peregrinatio academica that to Helmstedt in August 1717 to study law, where at the time natural law was taught by Johann Wilhelm von Göbel (1683-1745), Jonas Conrad Schramm (1675-1739) and Gottlieb Samuel Treuer (1683-1743). It was there that Hojer wrote his first work dealing with natural law, the De nuptiis propinquorum iure divino non prohibitis diagramma (Lemgoow, 1718).
The Diagramma was met with hostile reactions, including from the Danish-Norwegian philosopher and historian Ludvig Holberg (1684-1754), and resulted in Hojer being interrogated by the theological faculty in Copenhagen and threatened with imprisonment and exile. Hojer weathered the storm, however, and was employed in several public positions, including as successor to Christoph Heinrich Amthor (1677-1721) as Royal Historiographer, and was part of the circle around Christian Reitzer (1665-1736), before he was appointed as professor of natural law.
According to the lecture catalogue, Hojer lectured on natural law and moral philosophy, but his extant works on natural law from that position are limited to a dissertation on the rights of war, the Dissertatio iuridica de eo quod iure belli licet in minores (Copenhagen, 1735) and a manual for Danish students of law in the vein of Thomasius's Cautellen, the Ideae Iurisconsulti Danici pars prima disputatione anniversaria expositam (Copenhagen, 1736). Other works include lectures on the ius publicum of Denmark-Norway and Schleswig-Holstein, a history of Denmark, and a history of the contemporary king Frederik IV.
Hojer, Andreas. De nuptiis propinquorum iure divino non prohibitis diagramma. [Lemgow, 1718].
A discussion of the existing arguments for the prohibition of marriage between closely related on the basis of natural and divine positive law. On the basis of the conceptions of natural and divine law in Christian Thomasius's Fundamenta, Hojer argues that the existing arguments for a prohibition are invalid. In the Diagramma, Hojer draws upon and discusses the position of Hugo Grotius, Samuel Pufendorf, Christian Thomasius, Johann Franz Buddeus, Johann Adam Osiander, and others.
Hojer, Andreas. Ideae Iurisconsulti Danici pars prima disputatione anniversaria expositam. Hafniae, 1736. Danish translation: Forestilling paa en Dansk Jurist, den 1. Part. Kjøbenhavn, 1737.
Andreas Hojer's manual for Danish students of law. Describing the disciplines necessary for a student of law, the work also contains detailed discussion of the method and works necessary to study natural law, the law of nations, divine positive law, as well as jus publicum. The work displays the influence of Christian Thomasius's Fundamenta, with Hojer, among other things, admonishing students that they should distinguish between natural law (iustum), ethics (honestum), and prudence (including decorum). Hugo Grotius's De iure belli ac pacis, Samuel Pufendorf's De iure naturae et gentium, and Christian Thomasius's Institutiones and Fundamenta, are described as the central works of natural law, but students are advised to read more accessible compendia first, such as Immanuel Weber's, Gottlieb Gerhard Titius's, Jean Barbeyrac's or Gottlieb Samuel Treuer's commentaries on Pufendorf's De officio or Michael Heinrich Gribner's Principia iurisprudentiae naturalis, to gain a preliminary knowledge of the discipline first.
Biography: Christian Reitzer (1665-1736) was among the first generation to teach natural law in Copenhagen which also included Henrik Weghorst. He also held a number of public positions, including rector of the University of Copenhagen and member of the supreme court, and was the owner of an extensive library which attracted an extensive networks of scholars, including Andreas Hojer (1690-1739) and Ludvig Holberg (1684-1754). He was professor of law from 1692 to 1723 when, following the succession of Frederik IV to the throne, he was appointed district governor in Trondheim, Norway.
Born in Copenhagen, Reitzer studied at the university there 1783-1786, when he embarked on a peregrinatio acadmica to the Netherlands, where he studied at Leiden, France, Switzerland, and Germany. Having returned to Copenhagen he became professor designatus in law in 1689. He then went to Halle where he studied under Christian Thomasius (1655-1728) from 1690 to 1692, when he returned to Copenhagen take up the chair as professor of law at Copenhagen University. According to the official catalogue of public lectures at the university, Reitzer taught natural law in 1700-01, and there is some evidence that Reitzer taught natural law earlier in the 1690s as well. This teaching activity resulted in a few (incomplete) works on natural law. In 1693, Reitzer published the dissertation De obligatione sontium ad subeundam poenam dissertatio, followed by the short (and incomplete) Positiones ex jure divino, sive universali, quas sub præsidio Christiani Reitzer defendent juvenes in 1694. In 1702 Reitzer published a revised and much longer (although also incomplete) version of that work, Positionum ex jure divino universali partis primæ caput primum, seu de iis, quae universo in jure praecognita esse debent dissertatio. In addition to these works on natural law, Reitzer was also Justitzrat and rector of the university, an avid book collector, and worked on a history of King Christian V, which, however, only exist in manuscript.
Reitzer, Christian. De obligatione sontium ad subeundam poenam dissertatio. Hafniae, 1693.
This dissertation on the guilty person's obligation to submit to punishment discusses the topic referring predominantly to Samuel Pufendorf's (1632-1694) De iure naturae et gentium. It also contains a detailed engagement with certain arguments from Thomas Hobbes's (1588-1679) De cive on the subject, as well as references to Hugo Grotius's (1583-1645) De iure belli ac pacis, Richard Cumberland's (1632-1718) De lege naturae, John Selden (1584-1654), Johann Christoph Becmann (1641-1717), Caspar Ziegler (1621-1690), Johann Adam Osiander (1622-1697), Lambert van Velthuysen (1622-1685), and others.
Reitzer, Christian. Positionum ex jure divino universali partis primae caput primum, seu de iis, quae universo in iure praecognita esse debent. Hafniae, 1702.
Reitzer's Positionum is an incomplete introduction to natural law. It discusses of key concepts falling under the category ‘Right in general’ (Ius in genere), including ‘right’, ‘law’, ‘command’ and ‘obligation’. Several passages refer to a never published second chapter which would discuss the principles of natural and universal positive divine law. The work refers primarily to Samuel Pufendorf's De iure naturae et gentium and De officio hominis et civis iuxtam legem naturalem, as well as Christian Thomasius's Institutiones iurisprudentiae divinae, Hugo Grotius's De iure belli ac pacis, and Thomas Hobbes's De cive and Leviathan.
Biography: Alongside Christian Reitzer, Henrik Weghorst (1653-1722) comprised the first generation to teach natural law in Copenhagen in the 1690s. Weghorst was by far the most productive of the two, writing several commentaries as well as independent works of natural law. Weghorst also served as rector of the university and was responsible for censuring most of the works on natural law in the decades around 1700, including those of Christian Reitzer and Ludvig Holberg.
Born in Kiel in the Duchies of Schleswig-Holstein in 1653, Weghorst first went to school in Copenhagen before returning to Kiel where he enrolled at the university in 1670. After some years, he did the usual European tour, to Germany, Italy and France, before before returning to Kiel where he became Dr. Jur. in 1681. Natural law had been taught at Kiel University. In Kiel Weghorst studied under Samuel Rachel (1628-1691), a prominent representative of what has been termed ‘Christian natural law’, and Bernhard Schultze (1622-1687). In Spring he was appointed professor of law at the Knights' Academy in Copenhagen founded in 1691, where he likely taught natural law in the mid 1690s. In 1693 Weghorst was appointed professor designatus in the Faculty of Philosophy at the University, where he became ordinary professor sometime between 1698 and 1700. In 1704 a personal chair in ‘Juris & moralis scientiae’ was created for Weghorst, a post which he held to his death in 1722. According to the lecture catalogue of Copenhagen University, Weghorst lectured on Grotius's De iure belli ac pacis 1710-17 and on moral philosophy from 1710 to his death in 1722. His manuscripts, held by the Royal Library in Copenhagen, include a compendium on natural law, commentaries on feudal law, on John Selden's De jure naturali et gentium juxta disciplinam Ebraeorum, Aristotle's Politics and Nicomachean Ethics, and Cicero's De officiis, as well as several speeches on topics pertaining to natural law.
Weghorst, Henrik. Compendium Juris naturæ (MS Thott 909 4º, 1694); Compendii juris naturæ, Dissertatio prima. (Hafniae, 1696).
Weghorst's manuscript textbook on natural law, completed in 1694, which likely formed the basis of his lectures on the subject at the Knights' Academy in Copenhagen. It is the only existing complete text book on natural law from Denmark in those years. The first three chapters of the collegium provided material for a dissertation presided over by Weghorst on 19th March 1696, the Compendii juris naturæ, Dissertatio prima. The work is perhaps best described as a work of “Christian natural law” engaging critically with the positions of Hugo Grotius and Samuel Pufendorf, drawing on Caspar Ziegler, Philipp Reinhart Vitriarius, William Grotius, and Jean Domat.
Weghorst, Henrik. Labyrinthus moralis, juri naturali perviuspartes 1-3 (MS Thott 910 4º) Labyrinthus moralis, juri naturali pervius, cujus duas partes cum adjecto virtutum hortulo (Hafniae, 1713).
The work is a three part discussion of the fundamental concepts of moral philosophy, including the concept of “morale” itself, of law and the various ways law may determine morality, of the moral good independently of law, “power”, “right” and “obligation”. The third part was never printed, instead the printed version of the two first parts has an appendix in Greek on the principles of moral life according to Aristotle.
Director Mads Langballe Jensen Postdoctoral fellow Max-Weber-Kolleg für kultur- und sozialwissenschaftliche Studien Universität Erfurt Postfach 90 02 21 99105 Erfurt
Natural Law in Italy
Teaching Natural Law and Law of Nations in the Italian peninsula
Natural Law in Italy
Teaching Natural Law and Law of Nations in the Italian peninsula
The small states of the Italian peninsula in the 18th and early 19th century invite comparative studies of the cultivation of natural law and the law of nations, how these ideas circulated and were used not only through textbooks but also through the teaching of these disciplines in the different university contexts.
The chairs of natural law and the law of nations were founded later in Italy than in the German lands. Among the reasons for this delay was the suspicion with which Catholic sovereigns, particularly in the first part of the 18th century, looked at natural law because it was not studied as part of canon law, and because leading theories of natural law distinguished it sharply from moral theology. What is more, natural law was considered dangerous for sovereigns due to its contractual theory of sovereignty.
Only in the second half of the 18th century were chairs established in various Italian states, almost always those politically or culturally dependent on Austria. In many cases the teaching of natural law were linked to courses in public law, public universal law and the law of nations. In order to understand the iter of the chairs in Italy it is important to be aware of the distinctive rules for university curricula and their reforms.
2. Initial overview
Giovanni Battista Bilesimo taught iuris publici 1762-1763; iuris publici vel gentium 1764-1765 and iuris publici et gentium 1766-1767. He held the chair until 1769, followed by a vacancy for four years; Matteo Franzoja taught moral philosophy and natural law from 1773 to 1808 (using Wolff’s works); Alessandro Barca taught natural and social law from 1809 to 1813; Giuseppe Barbieri, taught natural and social law 1813-1815; Giuseppe Barbieri was temporary professor of private and public natural law and law of nations from 1815 to 1819; Luigi Mabil was professor from 1819 to 1824; Giuseppe Todeschini Munari was professor from 1815 to 1843; Giampaolo Tolomei was professor from 1844 to 1855 (when natural law became philosophy of law)
From 1742 Venanzio de Mays, ad lecturam iuris publici et civilis; Reforms of the law faculty 1771-1773 introduced a course on natural and public law; Jean Baptiste Noël de Saint Clair, professor of natural and public law 1769-1796. His lectures are collected in the Institutiones iuris naturalis and Institutiones iuris publici universalis, (manuscript works preserved at the University Library of Pavia); Pietro Tamburini, professor of Moral Philosophy, and Natural and Public law from 1796 to 1818. His lectures published in 1803 were entitled Introduzione allo studio della filosofia morale; Francesco Alpruni, course on Moral Philosophy and Natural and law of nations, from 1800 to 1802; Ignazio Beretta, supply teacher for the year 1808-1809 for Tamburini; Carlo Giuseppe Gabba, course on public law and law of nations for the year 1803-1804; Giulio Bellardi Granelli for the years 1818-1846; Carlo Rinaldini for the years 1845-1852; Pietro Barinetti for the years 1852-1854;
Course de iure pubblico, established for the first time in 1726, first professor Pompeo Neri; Francesco Niccola Bandiera, natural law and law of nations from 1739 to 1766; Giovanni Maria Lampredi from 1766 to 1792; for the year 1792-1793 was emeritus. Lampredi is author of De licentia in hostem, of Juris publici universali, sive iuri naturae at gentium theoremata (1776-1778), that was used as a manual for teaching natural law, and of Del commercio dei popoli neutrali in tempo di guerra (1788); Piero Ranucci (1796-1797), ordinarius Juris publici universalis, title of the course: De Juris naturae in studio civilis jurisprudentiae praesidio; Filippo del Signore (1798-1799), as ordinarius Juris publici universalis, until 1807-1808 (with some interruptions of teaching); Giovanni Carmignani (1839-1841), Philosophia iuris: from natural law to the history of legal philosophy, author of Prodromo d’un insegnamento della Filosofia del diritto esposto in tre lezioni (1841); Federigo Del Rosso (1842-1847), taught Philosophia iuris; Giovanni Battista Giorgini (1849-1852) professor of Legal philosophy; Paolo Emilio Imbriani (1859-1861), professor of natural law and law of nations.
First chair 1764: Bartolomeo Valdrighi entitled Diritto pubblico
First chair 1778
First chair middle of the 18th Century, Cristoforo Zoppi Giacinto Sigismondo Gerdil 1750
Reform in 1773. First chair 1788
First chair 1750, professor Pasquale Cirillo In 1767 Antonio Genovesi asked the Minister Bernardo Tanucci to include ius naturae et gentium within the university courses.
Marco Antonio Vogli, first chair in 1779, natural and public law Carmelo Controsceri
Bernardino Mezzanotte, 1799, first chair of natural law Giuseppe Colizzi 1810 as supply teacher Pietro Antonio Magalotti 1812 Giuseppe Colizzi 1816 as supply teacher, from 1823 to 1824 he taught natural jurisprudence, then natural law until 1831 Emilio Barbanera (1848-1851) Giovanni Battista Cambi (1851-1852) Bonfiglio Mura (1853-1861)
Further details for these and several additional centers will be posted in due course. In all of these cases there are unpublished lectures of the professors and other documents in the respective archives. The aim is to digitize the most relevant material, subject to funding and permission.
Director Elisabetta Fiocchi Malaspina Postdoctoral Fellow Dipartimento di Diritto Privato e Storia del Diritto Università degli Studi di Milano via Festa del Perdono n. 7 20122 Milano Italy
Institution Dipartimento di Diritto Privato e Storia del Diritto Università degli Studi di Milano via Festa del Perdono n. 7 20122 Milano Italy
Natural Law in Spain
The Spanish research group is working within the project in two main lines:
The Spanish research group is working within the project in two main lines:
a) Establishment and development of the teaching of Natural Law at universities, during the eighteenth century.
b) Consolidation of Natural Law as an ordinary course of the lawyers’ curriculum at Spanish Universities in the nineteenth century.
a) Establishment and development of the teaching of Natural Law at universities, during the eighteenth century.
Regarding the first line, natural law teaching is commonly found along with the fundamentals of Public International Law (under the name of “Laws of Nature and Nations”); we have distinguished four phases in the development of the Law of Nature and Nations:
1st. The early years of the century, when the teachings mainly show a loyal adherence and exegesis of the School of Salamanca legacy (dated from sixteenth and seventeenth centuries).
2nd. 1720 – 1740 is characterized by the first fruits of novatores’ work. An initial opening from Spanish authors takes place to meet and get news from European authors.
3rd. 1750 - 1760. It is clearly posed, though not totally accepted, the need to study, research and write about Natural Law, discussing some of the ideas developed by European authors: Grotius, Pufendorf, Thomasius, etc.
4th. 1760 - 1790. This period simultaneously faces the creation and consolidation of academic Natural Law, with its censorship and prohibition by the political power.
These four stages have their own characteristics, sharp and distinct. The first phase does not add anything new to the field of Natural Law as it continues to cultivate what already existed, without innovation. However, the second is more interesting due to the attention was paid to the new emerging reality by intellectuals who could not remain indifferent, or ignore its existence. This explains Mayans' cry demanding the teaching of this new science to his correspondent, friend and confidant Finestres. It took a few years to see this wish come true, but his demand, somewhat premature in a Spain that was still asleep or bloated by the many events endured in its early eighteenth century. However, that is how Spain lived his gradual opening to Modernity, the Enlightened Europe, with reference to the European approach to Natural Law. Mayans clearly saw and expressed the following: Natural Law was not only necessary for the men, jurists, and politicians’ instruction, but was also essential to internal and external society’s development and to the consolidation of peaceful coexistence among nations.
The authors we are studying are primarily but not exclusively: Gregorio Mayans (Valencia), Jose Torres (Valladolid), Vicenzio Vidania (Naples) and Joaquín Marín (Madrid). They were University professors and wrote manuals for the teaching and study of Natural Law that we will be uploaded on the website.
Also, there will be uploaded transcripts of: some lectures delivered at the Real Studies of San Isidro in Madrid; some essays of other professors who occupied chairs of the Law of Nature and Nations at University. We are also preparing the transcription of documents used for teaching at the Universities of Valladolid, Valencia and Naples.
b) Consolidation of Natural Law as an ordinary course of the lawyers’ curriculum at Spanish Universities in the nineteenth century.
Natural law at the Spanish Universities during the first half of the nineteenth century, as far as it is the purpose of this project, is constituted by a series of study programs, Decrees and permanent changes that determined the inclusion or exclusion of Natural Law teaching at Spanish universities. It should be also noted that there are at least three key doctrinal trends: Neothomism, Kraussism and the historical school. Each stream developed their respective methodology and texts to teach the course of Natural Law; our work will show their different sources of those texts and methods. In addition, the course of Philosophy of Law appeared with its own character in Spain at mid-nineteenth century. The Spanish group of the Project will provide digitisation of texts and studies that will help to their understanding and adequate contextualisation.
Eighteen century.-Our work will be focused in six Universities: Madrid, Valencia, Valladolid, Seville, Santiago de Compostela and Naples.
Nineteenth century.-The work will be focused in ten Spanish Universities: Madrid, Barcelona, Valencia, Granada, Seville, Santiago de Compostela, Salamanca, Valladolid, Oviedo and Zaragoza.
Professors: A list of Natural Law professors at those periods shall be provided, along with their respective doctrinal currents of thought.
We are currently working on the transcripts of the eighteenth-century sources, with notes and studies on the material and the list of nineteenth- century professors and much of their texts to teach Natural Law and Philosophy of Law.
In a short future, we will locate lectures, doctoral dissertations and other not so relevant documents, but very interesting in order to understand the teaching methodology and content of Natural Law at that time.
Director Salvador Rus Rufino Profesor Titular de Universidad Departamento de Psicología, Sociología y Filosofía Área - Historia del Pensamiento y Mov. Sociales y Polít. Universidad de León Campus de Vegazana S/N 24071 León Spain
Collaborators Patricia Santos Rodriguez Adjunct Professor of Philosophy of Law Basic Disciplines Department Faculty of Law Universidad CEU San Pablo Avda. del Valle 21 28003 Madrid Spain
Institution Universidad de León Campus de Vegazana S/N 24071 León Spain
Natural Law in the Baltic States
The topic of the project is the teaching of natural law in the Baltic States.
Director Pärtel Piirimäe Associate Professor Institute of History and Archaeology University of Tartu 50090 Tartu Estonia
Institution Universidad de León Campus de Vegazana S/N 24071 León Spain
Natural Law in Switzerland
It is generally well known that natural law was taught at the protestant Academies of Lausanne and Geneva ... read more
... since the late 17th century. Indeed, Jean Barbeyrac and Jean-Jacques Burlamaqui played a major role in transmitting Samuel Pufendorf's natural law theory to the French reading public. It is less well known, however, that natural law was also taught at the University of Basel - the only University in Switzerland until the 19th century -, at the Academies of Zurich, Berne, and the law school of the catholic canton of Fribourg.
The aim of a preliminary project conducted in 2012 at the University of Fribourg, Switzerland, was to document the teaching of natural law at Swiss institutions of learning from the 17th to the 19th century. Data concerning a total of 66 persons (including their education and functions), publications, dissertations, teaching announcements, lecture notes, lecture scripts, literary estates, and secondary literature were collected in a database.
The following institutions have been taken into account:
Académie / Université de Lausanne Académie de Genève Universität Basel Hohe Schule / Politisches Institut / Akademie Bern Carolinum / Politisches Institut Zürich Ecole de droit, Fribourg
The main results are as follows:
1) Natural law was taught during a comparatively long period of time. Teaching began in Basel in 1666/67 (S. Battier), in Berne in 1680 (J. C. Seelmatter), in Lausanne in 1684 (J.-P. de Crousaz), in Geneva in 1686 (B. Mussard), and in Zurich in 1684 (J. H. Schweizer). The teaching of natural law went on after the reform of some of the institutions of learning at the end of the 18th century (foundation of the Political Institutes of Berne and Zurich, for example), and it continued up to the end of the 19th century, in Lausanne until 1895.
2) A considerable number of lecture notes as well as lecture scripts are preserved in the archives. They are related to the teaching of L. Bourguet, J.-J. Burlamaqui, H. Carrard, Ch. Comte, J.-A. Cramer, Ch.-G. Loys de Bochat, F. Pidou, M.-A. Porta, B.-Ph. Vicat.
3) Natural law was mainly part of the curriculum of protestant institutions. It was also taught at the law school of the catholic canton of Fribourg, partly following protestant authors such as J.-J. Burlamaqui (J.-F.-M. Bussard) or J. G. Heineccius, partly following catholic authors such as K. A. von Martini (T. Barras).
The information collected in this database has been further explored in the context of the SNF research project ‘Natural law in Switzerland and beyond: sociability, natural equality, social inequality’, conducted at the Philosophy Department, University of Lausanne, 2014-2018. Biographies, primary and secondary literature, digitized compendia and dissertations as well as digitized manuscript sources (lecture notes on natural law courses at the Academies of Lausanne and Geneva) are available on the website: Lumières.Lausanne
Director Simone Zurbuchen Professor of early modern, modern and contemporary philosophy University of Lausanne Department of philosophy UNIL Anthropole bureau 5078 CH-1015 Lausanne Switzerland
Collaborators Dr. Lisa Broussois Postdoctoral researcher (2014-2017) University of Lausanne Department of philosophy
Institution University of Lausanne Department of philosophy UNIL Anthropole bureau 5078 CH-1015 Lausanne Switzerland
Natural Law in the Netherlands
The topic of the project is the teaching of natural law in the Netherlands.
Natural Law in Scotland
Much of the material needed for a Scottish survey of natural law teaching ... read more
... is already accessible in digital form from a variety of sources including the Post-Reformation Digital Library, national libraries, and university libraries. Our website will offer brief biographies of professors and teachers of natural law in Scotland while providing links to digitised primary materials including contemporary books and manuscripts. We will also provide links to modern editions. We will format our bibliographic data to match the standards of the Research Network.
The preliminary survey we put together for the Copenhagen meeting of the network will provide enough information to create the website. We are looking into having the site being hosted at the University of Edinburgh, School of Law. The starting up cost will be small and funds for having a researcher spend up to 48 hours on setting up and populating the site based on the preliminary survey have been secured from the School's Strategic Investment Fund.
Our website will be organised by author but will also include an interactive timeline which will provide links to materials produced outwith Scotland which were used for teaching or available to Scottish readers from other regions included in the Research Network (eg editions of Pufendorf published in Amsterdam).
In the initial stage, therefore, the Scottish natural law website will primarily be a portal for accessing relevant material that already exists on the web. We will act as curators to determine the content and to add biographical and bibliographic structures. If we are successful in acquiring funding, we can add newly digitised manuscripts and books of special merit and interest as we identify them.
Director John W. Cairns Professor of Legal History University of Edinburgh Old College South Bridge Edinburgh EH8 9YL United Kingdom
Collaborators Karen Baston University of Edinburgh Old College South Bridge Edinburgh EH8 9YL United Kingdom
Institution University of Edinburgh Old College South Bridge Edinburgh EH8 9YL United Kingdom
Natural Law in Sweden
The topic of the project is the teaching of natural law at the University of Lund.
Director Per Nilsén Associate Professor in Legal History LL.D Chairman Study Programmes Board Faculty of Law Lund University Box 207 SE-221 00 Lund Sweden
Institution Lund University Box 207 SE-221 00 Lund Sweden
Natural law in Finland
The Royal Academy of Åbo (Turku in Finnish) was established in 1640. ... read more
... It was the third university in the Swedish realm, following the old Universityof Uppsala and the University of Tartu founded in 1632. The first professor of politics and history, Michael Wexionius-Gyldenstolpe, already referred to Grotius in his writings. In the period of Carolingian absolutism (1680-1718) Grotius's and Pufendorf's doctrines were regard as politically precarious, but later in the eighteenth century natural law was regularly lectured at the Academy. Our knowledge of the teaching at the Academy is limited due to the great fire of 1827, which demolished large parts of the city, including the University Library, and gave Russian officials an excuse to relocate the university to the new capital Helsinki in 1828. What has remained is over 4000 printed dissertations which were catalogued in the 1960s (Jorma Vallinkoski, Turunakatemianväitöskirjat 1642-1828; Die Dissertationen der alten Universität Turku (Academia Åboensis) 1642-1828. Helsinginyliopistonkirjastonjulkaisuja 30, Helsinki 1962-6).
In 2007 the National Library of Finland launched a project to digitize all dissertations defended at the Academy of Åbo between 1642 and 1828. Funding for the project has been provided by Ilkka and Ulla Paatero's Fund. At the moment, 1778 dissertations (approximately 45000 pages) are available on the Doria repository maintained by the National Library. The dissertations are written mainly in Latin, though some of the works defended in the latter half of the eighteenth century are in Swedish. Following the general policy of the National Library, all dissertations are attributed to the supervisor, even though it is known that in some cases he was not the author. Searches can be made by author, title, issue date, and keyword. The Doria repository has an English-language website for searches, but at the moment there are keyword terms only in Finnish. Under the keyword luonnonoikeus (natural law) there is only one title, but by using the term oikeus (equivalent to German Recht) one finds several dissertations with titles explicitly referring to natural law.
Link to the Doria website for dissertations of the Royal Academy of Åbo: Homepage
Director Kari Saastamoinen Department of Philosophy, History, Culture and Art Studies Department of History University of Helsinki Unioninkatu 38 A 00014 University of Helsinki Finland
University of Helsinki Unioninkatu 38 A 00014 University of Helsinki Finland
Natural Law in Norway
The topic of the project is the teaching of natural law in Norway.
Max-Weber-Kolleg für kultur- und sozialwissenschaftliche Studien Universität Erfurt Postfach 90 02 21 99105 Erfurt