Max Kaser (21 April 1906 - 13 January 1997) was a German
professor of Jurisprudence who taught successively at the
universities of Münster,
Hamburg
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Hamburgian(s)
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and
Salzburg
Salzburg (, ; literally "Salt-Castle"; bar, Soizbuag, label=Bavarian language, Austro-Bavarian) is the List of cities and towns in Austria, fourth-largest city in Austria. In 2020, it had a population of 156,872.
The town is on the site of the ...
. The principal focus of his scholarship and teaching was on
Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
. He became a member of a number of
learned societies
A learned society (; also learned academy, scholarly society, or academic association) is an organization that exists to promote an academic discipline, profession, or a group of related disciplines such as the arts and science. Membership may ...
. In addition, between 1958 and 1992 he was awarded
honorary doctorates
An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hono ...
by no fewer than ten different universities on three different continents. An eleventh honorary doctorate, from the Jurisprudence faculty at the
University of Regensburg
The University of Regensburg (german: link=no, Universität Regensburg) is a public research university located in the medieval city of Regensburg, Bavaria, a city that is listed as a UNESCO World Heritage Site. The university was founded on 18 ...
, was awarded only posthumously, however, in 1999).
Max Kaser is respected as the author of pioneering writings on the step by step progression from
classical legal concepts to modern
European civil law. His text books on Roman civil law and
modern civil procedure (for many purposes outside
Anglo-American common law precepts) break new ground in presenting the historical evolution of legal concepts and principals, incorporating analyses and commentaries on written sources, and using research techniques that he himself (with others) developed.
[
]
Life
Max Kaser was born in Vienna
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where his father, the historian Dr. Kurt Kaser (1870–1931) worked at the time as a university tutor (''"Privatdozent"''). On both his father's side and his mother's sides, his ancestral roots tracked back through many generations of Austrian
Austrian may refer to:
* Austrians, someone from Austria or of Austrian descent
** Someone who is considered an Austrian citizen, see Austrian nationality law
* Austrian German dialect
* Something associated with the country Austria, for example: ...
government administrators, lawyers, physicians, army officers and artists. Soon after his birth his father accepted an appointment which included an extraordinary professorship at the University of Graz
The University of Graz (german: link=no, Karl-Franzens-Universität Graz, ), located in Graz, Austria, is the largest and oldest university in Styria, as well as the second-largest and second-oldest university in Austria.
History
The unive ...
, and the family relocated to that city. In 1914 the family moved again when Dr.Kurt Kaser accepted a full professorship at the University of Czernowitz (as it was then known), a couple of hundred kilometers south-west of Kyiv
Kyiv, also spelled Kiev, is the capital and most populous city of Ukraine. It is in north-central Ukraine along the Dnieper, Dnieper River. As of 1 January 2021, its population was 2,962,180, making Kyiv the List of European cities by populat ...
. The First World War
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
and, more indirectly, its aftermath, brought about the need for further moves, and during the second part of his boyhood Max Kaser's family moved repeatedly between Czernowitz
Chernivtsi ( uk, Чернівці́}, ; ro, Cernăuți, ; see also other names) is a city in the historical region of Bukovina, which is now divided along the borders of Romania and Ukraine, including this city, which is situated on the up ...
, Salzburg
Salzburg (, ; literally "Salt-Castle"; bar, Soizbuag, label=Bavarian language, Austro-Bavarian) is the List of cities and towns in Austria, fourth-largest city in Austria. In 2020, it had a population of 156,872.
The town is on the site of the ...
and Graz
Graz (; sl, Gradec) is the capital city of the Austrian state of Styria and second-largest city in Austria after Vienna. As of 1 January 2021, it had a population of 331,562 (294,236 of whom had principal-residence status). In 2018, the popul ...
, as his father pursued his career as a university professor of medieval and modern history.
In 1924 Max Kaser enrolled at the University of Graz
The University of Graz (german: link=no, Karl-Franzens-Universität Graz, ), located in Graz, Austria, is the largest and oldest university in Styria, as well as the second-largest and second-oldest university in Austria.
History
The unive ...
where between 1924 and 1928 he studied 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 ...
. He was taught by Artur Steinwenter who taught Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
, and whom Kaser would always single out as a powerfully positive influence, on account of his "extensive knowledge and exceptionally well-balanced judgement". The two would remain firm friends till Steinwenter's death in 1959.[ A student contemporary at ]Graz
Graz (; sl, Gradec) is the capital city of the Austrian state of Styria and second-largest city in Austria after Vienna. As of 1 January 2021, it had a population of 331,562 (294,236 of whom had principal-residence status). In 2018, the popul ...
was Walter Wilburg who later achieved eminence as a legal scholar and lawyer, and who also became a life-long friend. He received his doctorate at Graz, awarded on 19 November 1928. Many years earlier Ludwig Kaser (1841–1916), his grandfather, had also received a doctorate in Jurisprudence from the University of Graz
The University of Graz (german: link=no, Karl-Franzens-Universität Graz, ), located in Graz, Austria, is the largest and oldest university in Styria, as well as the second-largest and second-oldest university in Austria.
History
The unive ...
.[ It was on the recommendation of his doctoral supervisor, Steinwenter, that Max Kaser switched in 1929 to ]Munich
Munich ( ; german: München ; bar, Minga ) is the capital and most populous city of the States of Germany, German state of Bavaria. With a population of 1,558,395 inhabitants as of 31 July 2020, it is the List of cities in Germany by popu ...
where he was supported by a scholarship. He was taught by Leopold Wenger
Leopold Wenger (4 September 1874 – 21 September 1953) was a prominent Austrian historian of ancient law. He fostered interdisciplinary study of the ancient world (including law, literature, papyri, and inscriptions).
Biography
Wenger was born in ...
at the university "Institute for Papyrus Research and Legal History in Antiquity" (''"Institut für Papyrusforschung und antike Rechtsgeschichte"'').[ The primary focus of his research was a question arising from the Roman civil law of property which two years later formed the based for Kaser's ]habilitation
Habilitation is the highest university degree, or the procedure by which it is achieved, in many European countries. The candidate fulfills a university's set criteria of excellence in research, teaching and further education, usually including a ...
and his book "Restituere als Prozeßgegenstand" (1932: republished with extensive further notes in 1968).
Meanwhile he delivered a programme of lectures at Frankfurt University
Goethe University (german: link=no, Johann Wolfgang Goethe-Universität Frankfurt am Main) is a university located in Frankfurt am Main, Germany. It was founded in 1914 as a citizens' university, which means it was founded and funded by the wealt ...
during the winter 1930/31 term before moving on to the nearby University of Giessen
University of Giessen, official name Justus Liebig University Giessen (german: Justus-Liebig-Universität Gießen), is a large public research university in Giessen, Hesse, Germany. It is named after its most famous faculty member, Justus von L ...
where he worked as a research assistant to Otto Eger. It was Eger who supervised Kaser for his habilitation degree which he received in June 1931.[
In 1932 he accepted a teaching post at ]Münster
Münster (; nds, Mönster) is an independent city (''Kreisfreie Stadt'') in North Rhine-Westphalia, Germany. It is in the northern part of the state and is considered to be the cultural centre of the Westphalia region. It is also a state distr ...
where he took over from Hans Kreller who had transferred to 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 ...
. In October 1933, still aged only 27, he accepted a full professorship in Civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
and Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
. He would remain at Münster till 1959. Although his duties required him to take in interest in Civil law, his strong preference for Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
was never in doubt.[ An administrative post was added in April 1937 when he was made dean of the law faculty. In this post he won and retained, through the energy and ability that he brought to the job, the confidence of his mostly rather conservative senior colleagues, while quietly resisting pressure to pander to Germany's increasingly institutionalised ]Nazism
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 ...
which he characterised (quietly) as an "Anticulture" (''"Unkultur"'').[
For Max Kaser 1933 was the year in which he met Erna Lehnig whose mother's family came from the Münster region. Her father's family came from the coastal region of ]Pomerania
Pomerania ( pl, Pomorze; german: Pommern; Kashubian: ''Pòmòrskô''; sv, Pommern) is a historical region on the southern shore of the Baltic Sea in Central Europe, split between Poland and Germany. The western part of Pomerania belongs to ...
. By the end of 1933 the two were married, demonstrating through their "Austrian-north German partnership" a "perfect harmony" as Kaser later wrote. It was both a loving and an efficient partnership. Erna Kaser proved a highly competent administrator, running the house - even to the point, slightly unusually for a "housewife" at that time, of taking care of the family's annual tax declaration - leaving her husband to concentrate on his work at the university. The marriage also produced, in rapid succession, a son and a daughter.[ Meanwhile Kaser's academic career and reputation progressed. He received and rejected apparently attractive offers of professorships from ]Heidelberg
Heidelberg (; Palatine German language, Palatine German: ''Heidlberg'') is a city in the States of Germany, German state of Baden-Württemberg, situated on the river Neckar in south-west Germany. As of the 2016 census, its population was 159,914 ...
, Freiburg i.B. and Marburg
Marburg ( or ) is a university town in the German federal state (''Bundesland'') of Hesse, capital of the Marburg-Biedenkopf district (''Landkreis''). The town area spreads along the valley of the river Lahn and has a population of approximate ...
in 1937, 1939, 1940, in every case preferring to stay put at Münster
Münster (; nds, Mönster) is an independent city (''Kreisfreie Stadt'') in North Rhine-Westphalia, Germany. It is in the northern part of the state and is considered to be the cultural centre of the Westphalia region. It is also a state distr ...
"at isown wish", as he expressed the matter at the time in a letter to a colleague.
When war
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
broke out in 1939 Kaser, despite being still relatively young, was exempted from military service
Military service is service by an individual or group in an army or other militia, air forces, and naval forces, whether as a chosen job (volunteer) or as a result of an involuntary draft (conscription).
Some nations (e.g., Mexico) require a ...
on account of a serious heart defect. However, as the slaughter of war intensified such matters counted for less, and in November 1943 he was conscripted into the army
An army (from Old French ''armee'', itself derived from the Latin verb ''armāre'', meaning "to arm", and related to the Latin noun ''arma'', meaning "arms" or "weapons"), ground force or land force is a fighting force that fights primarily on ...
. He was initially engaged in anti-aircraft warfare
Anti-aircraft warfare, counter-air or air defence forces is the battlespace response to aerial warfare, defined by NATO as "all measures designed to nullify or reduce the effectiveness of hostile air action".AAP-6 It includes Surface-to-air m ...
but was soon sent back to Münster
Münster (; nds, Mönster) is an independent city (''Kreisfreie Stadt'') in North Rhine-Westphalia, Germany. It is in the northern part of the state and is considered to be the cultural centre of the Westphalia region. It is also a state distr ...
where he worked as a clerk for the regimental administration (''"Regimentsstab"''). The army permitted him still to lecture at the university for two days each week. In April 1945 the Americans came. War ended a month later and Max Kaser became a prisoner of war
A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold prisoners of wa ...
. He was held in various American and French camps till his release, which followed in 1946. He returned to the university and resumed his teaching.[ The ]National Socialists
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 ...
had had their own views on Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
. They found it "materialistic" and incompatible with their racist ideals, so they planned to replace the German legal code with their own People's Legal code which would (among other things) remove the influence of Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
over the German system. But now they were gone. Kaser could now be less constrained in his lecturing, his writing and on his networking. His reputation continued to grow.[ Offers of professorships came from ]Marburg
Marburg ( or ) is a university town in the German federal state (''Bundesland'') of Hesse, capital of the Marburg-Biedenkopf district (''Landkreis''). The town area spreads along the valley of the river Lahn and has a population of approximate ...
(again) and Heidelberg
Heidelberg (; Palatine German language, Palatine German: ''Heidlberg'') is a city in the States of Germany, German state of Baden-Württemberg, situated on the river Neckar in south-west Germany. As of the 2016 census, its population was 159,914 ...
(again). There were also offers from Graz
Graz (; sl, Gradec) is the capital city of the Austrian state of Styria and second-largest city in Austria after Vienna. As of 1 January 2021, it had a population of 331,562 (294,236 of whom had principal-residence status). In 2018, the popul ...
(1951), Göttingen
Göttingen (, , ; nds, Chöttingen) is a college town, university city in Lower Saxony, central Germany, the Capital (political), capital of Göttingen (district), the eponymous district. The River Leine runs through it. At the end of 2019, t ...
(1952) and Vienna
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(1959). Till 1959 he rejected all such offers.[
When, in 1959, Kaser finally accepted an invitation to move, it was to accept a professorship at the ]University of Hamburg
The University of Hamburg (german: link=no, Universität Hamburg, also referred to as UHH) is a public research university in Hamburg, Germany. It was founded on 28 March 1919 by combining the previous General Lecture System ('' Allgemeines Vor ...
where he sustained a successful career in academic teaching and research till his formal retirement in 1971.[ Three of his personally supervised ]habilitation
Habilitation is the highest university degree, or the procedure by which it is achieved, in many European countries. The candidate fulfills a university's set criteria of excellence in research, teaching and further education, usually including a ...
students from his time at Hamburg
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subsequently achieved eminence as university professors of jurisprudence.[ One of these, ]Dieter Medicus
Dieter Medicus (9 May 1929 – 6 June 2015) was a German jurist. Until his retirement in 1994 he was professor of Private Law and history of Ancient law at the University of Munich.
Life
Medicus was born 1929 in Berlin. His father was a chemist ...
, later wrote an affectionate obituary in which he surmised that Kaser's decision to retire from his professorship at Hamburg
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had been accelerated by the student unrest of 1968 and its aftermath. He found himself unable to endorse or even to understand either the methods employed or the objectives of those involved. Whatever the truth of the matter, his retirement from Hamburg certainly did not mark an end to an active career as a law professor at a top university.[
Between 1971 and 1976 Kaser held a special professorship at the ]University of Salzburg
The University of Salzburg (german: Universität Salzburg), also known as the Paris Lodron University of Salzburg (''Paris-Lodron-Universität Salzburg'', PLUS), is an Austrian public university
A public university or public college is a univ ...
, occupying the teaching chair for Roman
Roman or Romans most often refers to:
*Rome, the capital city of Italy
*Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*''Epistle to the Romans'', shortened to ''Romans'', a letter ...
and Civil law. He obtained the position following discussion with Theo Mayer-Maly and Wolfgang Waldstein. He let it be known to his friends that he very much relished the chance to teach Roman law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
to students who were not motivated by the tightly prescriptive regime under which study and exams were operated in the German system.[ He continued teaching at ]Salzburg
Salzburg (, ; literally "Salt-Castle"; bar, Soizbuag, label=Bavarian language, Austro-Bavarian) is the List of cities and towns in Austria, fourth-largest city in Austria. In 2020, it had a population of 156,872.
The town is on the site of the ...
till 1985, by which time he was almost 80.[
Between 1954 and 1972 Max Kaser was a co-producer of the prestigious Zeitschrift der Savigny-Stiftung für Rechtsgeschichte (ZRG), a venerable specialist journal for scholars and students of historical jurisprudence and related topics.][
]
Memberships
Max Kaser was a member of various learned societies
A learned society (; also learned academy, scholarly society, or academic association) is an organization that exists to promote an academic discipline, profession, or a group of related disciplines such as the arts and science. Membership may ...
and other scholarly associations, some of which are listed below:
* In 1959 he became a full member of the Akademie der Wissenschaften zu Göttingen (''"Göttingen Academy of Sciences and Humanities"'').
* In 1960 he became a foreign member of the Accademia delle Scienze di Torino (''"Turin Academy of Sciences and Humanities"'').[
* In 1968 he became a member of the ]Naples
Naples (; it, Napoli ; nap, Napule ), from grc, Νεάπολις, Neápolis, lit=new city. is the regional capital of Campania and the third-largest city of Italy, after Rome and Milan, with a population of 909,048 within the city's adminis ...
Accademia delle Scienze (''"Academy of sciences"'').[
* In 1969 he became a foreign member of the ]Milan
Milan ( , , Lombard: ; it, Milano ) is a city in northern Italy, capital of Lombardy, and the second-most populous city proper in Italy after Rome. The city proper has a population of about 1.4 million, while its metropolitan city h ...
-based Istituto Lombardo Accademia di Scienze e Lettere (''"Lombard Academy of Sciences and Letters "'').[
* In 1971 he became a member of the ]Rome
, established_title = Founded
, established_date = 753 BC
, founder = King Romulus (legendary)
, image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg
, map_caption ...
-based Accademia Nazionale dei Lincei (''literally, " Academy of the lynxes"'')">talianAcademy of the lynxes"'').[
* In 1972 he became a member of the Österreichische Akademie der Wissenschaften (''"Austrian Academy of Sciences and Humanities"'').]
* In 1973 he became a corresponding member of the Bayerische Akademie der Wissenschaften (''"Bavarian Academy of Sciences and Humanities"'') in Munich
Munich ( ; german: München ; bar, Minga ) is the capital and most populous city of the States of Germany, German state of Bavaria. With a population of 1,558,395 inhabitants as of 31 July 2020, it is the List of cities in Germany by popu ...
.[
* In 1973 he became a member of the ]London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
-based British Academy
The British Academy is the United Kingdom's national academy for the humanities and the social sciences.
It was established in 1902 and received its royal charter in the same year. It is now a fellowship of more than 1,000 leading scholars span ...
.
* In 1975 he was elected an honorary member of the Society for the Promotion of Roman Studies
The Society for the Promotion of Roman Studies (The Roman Society) was founded in 1910 as the sister society to the Society for the Promotion of Hellenic Studies.
The Society is the leading organisation in the United Kingdom for those intereste ...
in London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
.[
* In 1988 he became a member of the Ακαδημία Αθηνών ('' "Academy of Athens"'')">odern"Academy of Athens"'').
]
Celebration and recognition
The "Max Kaser Seminar" at the University of Salzburg
The University of Salzburg (german: Universität Salzburg), also known as the Paris Lodron University of Salzburg (''Paris-Lodron-Universität Salzburg'', PLUS), is an Austrian public university
A public university or public college is a univ ...
is named in Kaser's honour. The seminar's library, set up in 1966, consists of books, newspapers and other printed material by Ernst Levy
Ernst Levy (18 November 1895 – 19 April 1981) was a Swiss musicologist, composer, pianist and conductor.
Life
Born in Basel, Switzerland, Levy studied with Egon Petri and Raoul Pugno.. Entry: "Ernst Levy".
David Dubal describes him as an "un ...
, Erich Sacher and Max Kaser himself. The collection is meticulously kept up to date.
Kaser's text books about Roman Civil Law and Roman legal history more broadly are widely studied and respected. They have been translated into a number of languages including English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
, Dutch
Dutch commonly refers to:
* Something of, from, or related to the Netherlands
* Dutch people ()
* Dutch language ()
Dutch may also refer to:
Places
* Dutch, West Virginia, a community in the United States
* Pennsylvania Dutch Country
People E ...
, Finnish
Finnish may refer to:
* Something or someone from, or related to Finland
* Culture of Finland
* Finnish people or Finns, the primary ethnic group in Finland
* Finnish language, the national language of the Finnish people
* Finnish cuisine
See also ...
, Spanish
Spanish might refer to:
* Items from or related to Spain:
**Spaniards are a nation and ethnic group indigenous to Spain
**Spanish language, spoken in Spain and many Latin American countries
**Spanish cuisine
Other places
* Spanish, Ontario, Cana ...
, Japanese
Japanese may refer to:
* Something from or related to Japan, an island country in East Asia
* Japanese language, spoken mainly in Japan
* Japanese people, the ethnic group that identifies with Japan through ancestry or culture
** Japanese diaspor ...
and Korean
Korean may refer to:
People and culture
* Koreans, ethnic group originating in the Korean Peninsula
* Korean cuisine
* Korean culture
* Korean language
**Korean alphabet, known as Hangul or Chosŏn'gŭl
**Korean dialects and the Jeju language
** ...
.
Max Kaser also received a remarkably large number of honorary doctorates.[
]
Notes
References
{{DEFAULTSORT:Kaser, Max
1906 births
1997 deaths
Writers from Vienna
University of Graz alumni
20th-century jurists
Scholars of Roman law
Members of the Austrian Academy of Sciences
Members of the Bavarian Academy of Sciences
Members of the Lincean Academy
Members of the Academy of Athens (modern)
Commanders Crosses of the Order of Merit of the Federal Republic of Germany
Academic staff of the University of Giessen
Academic staff of Goethe University Frankfurt
Academic staff of the University of Münster
Academic staff of the University of Hamburg
Academic staff of the University of Salzburg