Arthur Edwin Paul Baumgarten (31 March 1884 in

Königsberg Königsberg (, ) was the historic Prussian city that is now Kaliningrad, Russia. Königsberg was founded in 1255 on the site of the ancient Old Prussian settlement ''Twangste'' by the Teutonic Knights during the Northern Crusades, and was named ...

East Prussia East Prussia ; german: Ostpreißen, label=Low Prussian; pl, Prusy Wschodnie; lt, Rytų Prūsija was a province of the Kingdom of Prussia from 1773 to 1829 and again from 1878 (with the Kingdom itself being part of the German Empire from 187 ...

– 27 November 1966 in

East Berlin East Berlin was the ''de facto'' capital city of East Germany from 1949 to 1990. Formally, it was the Allied occupation zones in Germany, Soviet sector of Berlin, established in 1945. The American, British, and French sectors were known as ...

East Germany East Germany, officially the German Democratic Republic (GDR; german: Deutsche Demokratische Republik, , DDR, ), was a country that existed from its creation on 7 October 1949 until its dissolution on 3 October 1990. In these years the state ...

) was a German-Swiss

jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...

and

legal philosopher Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal vali ...

. After voluntary exile in

Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...

, Baumgarten became a prominent legal scholar in

Biography

Baumgarten was born on 31 March 1884 in

, a son of the anatomist and bacteriologist Paul Baumgarten. He visited the ''Humanistisches Gymnasium'' in

Tübingen Tübingen (, , Swabian: ''Dibenga'') is a traditional university city in central Baden-Württemberg, Germany. It is situated south of the state capital, Stuttgart, and developed on both sides of the Neckar and Ammer rivers. about one in thr ...

, where he graduated in 1902, and went on to study

jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...

in Tübingen,

Geneva Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; rm, Genevra is the List of cities in Switzerland, second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaki ...

and

Leipzig Leipzig ( , ; Upper Saxon: ) is the most populous city in the German state of Saxony. Leipzig's population of 605,407 inhabitants (1.1 million in the larger urban zone) as of 2021 places the city as Germany's eighth most populous, as wel ...

. He earned a doctorate in jurisprudence in 1909 in

Berlin Berlin ( , ) is the capital and largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's most populous city, according to population within city limits. One of Germany's sixteen constitue ...

. His doctoral advisor was

Franz von Liszt Franz Eduard Ritter von Liszt (2 March 1851 – 21 June 1919) was a German jurist, criminologist and international law reformer. As a legal scholar, he was a proponent of the modern sociological and historical school of law. From 1898 until 1917, ...

. In the same year, he became professor for

criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...

at the

University of Cologne The University of Cologne (german: Universität zu Köln) is a university in Cologne, Germany. It was established in the year 1388 and is one of the most prestigious and research intensive universities in Germany. It was the sixth university to ...

. In the years from 1923 to 1930, he taught in

Basel , french: link=no, Bâlois(e), it, Basilese , neighboring_municipalities= Allschwil (BL), Hégenheim (FR-68), Binningen (BL), Birsfelden (BL), Bottmingen (BL), Huningue (FR-68), Münchenstein (BL), Muttenz (BL), Reinach (BL), Riehen (BS ...

. Following a stay in

Frankfurt am Main Frankfurt, officially Frankfurt am Main (; Hessian: , "Frank ford on the Main"), is the most populous city in the German state of Hesse. Its 791,000 inhabitants as of 2022 make it the fifth-most populous city in Germany. Located on its na ...

, Baumgarten chose voluntary exile in

by returning to Basel, as the

Nazis Nazism ( ; german: Nazismus), the common name in English for National Socialism (german: Nationalsozialismus, ), is the far-right totalitarian political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in Na ...

eventually took power in Germany in the summer of 1933. There he taught

legal philosophy Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal vali ...

from 1933 to 1946. In 1935, he visited the

Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...

, where he contacted likewise exiled German communists. In 1944, he co-founded the

Swiss Party of Labor The Swiss Party of Labour (german: Partei der Arbeit der Schweiz; french: Parti Suisse du Travail – Parti Ouvrier et Populaire; it, Partito Svizzero del Lavoro – Partito Operaio e Popolare; rm, Partida svizra da la lavur) is a communist pa ...

. In 1946, he accepted an invitation as

visiting professor In academia, a visiting scholar, visiting researcher, visiting fellow, visiting lecturer, or visiting professor is a scholar from an institution who visits a host university to teach, lecture, or perform research on a topic for which the visitor ...

in Leipzig. Eventually, he was appointed

full professor Professor (commonly abbreviated as Prof.) is an academic rank at universities and other post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin as a "person who professes". Professors ...

in Berlin in 1948. From 1952 to 1960, he was the president of

German Academy for State- and Legal Sciences German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ger ...

. Baumgarten died on 27 November 1966 in Berlin,

. He remained a Swiss citizen until his death.

Legacy

Baumgarten's main field of interest was

. Originally unimpressed and opposed to

Marxism Marxism is a Left-wing politics, left-wing to Far-left politics, far-left method of socioeconomic analysis that uses a Materialism, materialist interpretation of historical development, better known as historical materialism, to understand S ...

and

socialist Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes the e ...

conceptions of life, he later turned towards Marxism himself. As a legal philosopher, he sought to combine the ideals of the Age of Enlightenment and a Marxist interpretation of socialism. Albeit briefly an important figure in legal affairs in young

, his views were in content largely opposed by East German legal theory dominated by figures like

Walter Ulbricht Walter Ernst Paul Ulbricht (; 30 June 18931 August 1973) was a German communist politician. Ulbricht played a leading role in the creation of the Weimar-era Communist Party of Germany (KPD) and later (after spending the years of Nazi rule in ...

and

Karl Polak Karl may refer to: People * Karl (given name), including a list of people and characters with the name * Karl der Große, commonly known in English as Charlemagne * Karl Marx, German philosopher and political writer * Karl of Austria, last Austri ...

. Despite similar views having been popular among some of his contemporaries, such as Karl Bönninger and Hermann Klenner, they were suppressed early-on by Ulbricht and Polak, most notably at the

Babelsberg Conference Babelsberg () is the largest quarter (''Stadtteil'') of Potsdam, the capital city of the Germany, German state of Brandenburg. The affluent neighbourhood named after a small hill on the Havel river is famous for Babelsberg Palace and Babelsberg Par ...

. While Baumgarten was always held in high regard at a personal level, the influence of Ulbricht and Polak caused his ideas to gain little traction in the audience of the time.

References

1884 births 1966 deaths Jurists from Königsberg {{Law-bio-stub