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Reinhold Zippelius (born 19 May 1928) is a German
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 U ...
and law scholar. Now retired, he was formerly the professor of the
Philosophy of law 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 val ...
and
Public law Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct ...
at the
University of Erlangen-Nuremberg A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United States, the ...
.


Life and career

Reinhold Walter Zippelius was born in
Ansbach Ansbach (; ; East Franconian: ''Anschba'') is a city in the German state of Bavaria. It is the capital of the administrative region of Middle Franconia. Ansbach is southwest of Nuremberg and north of Munich, on the river Fränkische Rezat, ...
(west of
Nuremberg Nuremberg ( ; german: link=no, Nürnberg ; in the local East Franconian dialect: ''Nämberch'' ) is the second-largest city of the German state of Bavaria after its capital Munich, and its 518,370 (2019) inhabitants make it the 14th-largest ...
), the son of Hans Zippelius and Marie (Stoessel) Zippelius. He embarked on his study of jurisprudence in 1947 at
Würzburg Würzburg (; Main-Franconian: ) is a city in the region of Franconia in the north of the German state of Bavaria. Würzburg is the administrative seat of the ''Regierungsbezirk'' Lower Franconia. It spans the banks of the Main River. Würzburg ...
and then at
Erlangen Erlangen (; East Franconian: ''Erlang'', Bavarian: ''Erlanga'') is a Middle Franconian city in Bavaria, Germany. It is the seat of the administrative district Erlangen-Höchstadt (former administrative district Erlangen), and with 116,062 inha ...
. In 1949 he switched to the
Ludwig Maximilian University of Munich The Ludwig Maximilian University of Munich (simply University of Munich or LMU; german: Ludwig-Maximilians-Universität München) is a public research university in Munich, Germany. It is Germany's sixth-oldest university in continuous operatio ...
where between 1949 and 1961 he was supported by a scholarship-bursary. He received his doctorate in 1953. His
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 ...
(higher academic qualification), also from
Munich Munich ( ; german: München ; bar, Minga ) is the capital and most populous city of the German state of Bavaria. With a population of 1,558,395 inhabitants as of 31 July 2020, it is the third-largest city in Germany, after Berlin and ...
, and supervised by Karl Engisch, would follow in 1961. After passing his public law exams (1956 and 1963) Zippelius worked in
government service A public service is any service intended to address specific needs pertaining to the aggregate members of a community. Public services are available to people within a government jurisdiction as provided directly through public sector agencies ...
in
Bavaria Bavaria ( ; ), officially the Free State of Bavaria (german: Freistaat Bayern, link=no ), is a state in the south-east of Germany. With an area of , Bavaria is the largest German state by land area, comprising roughly a fifth of the total l ...
, in the end promoted to the level of Oberregierungsrat (senior government legal advisor) at the
Interior Ministry An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs. Lists of current ministries of internal affairs Named "ministry" * Ministr ...
. His habilitation in 1961 opened the way for an academic career, and in 1963 he accepted a teaching chair at
Erlangen Erlangen (; East Franconian: ''Erlang'', Bavarian: ''Erlanga'') is a Middle Franconian city in Bavaria, Germany. It is the seat of the administrative district Erlangen-Höchstadt (former administrative district Erlangen), and with 116,062 inha ...
that covered a range of law related disciplines including
Philosophy of law 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 val ...
,
Public law Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct ...
, Administrative/Civil Law and
Church law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
. Despite attempts by
Munich Munich ( ; german: München ; bar, Minga ) is the capital and most populous city of the German state of Bavaria. With a population of 1,558,395 inhabitants as of 31 July 2020, it is the third-largest city in Germany, after Berlin and ...
and other
university A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United Stat ...
level Level or levels may refer to: Engineering *Level (instrument), a device used to measure true horizontal or relative heights *Spirit level, an instrument designed to indicate whether a surface is horizontal or vertical * Canal pound or level *Reg ...
institutions Institutions are humanly devised structures of rules and norms that shape and constrain individual behavior. All definitions of institutions generally entail that there is a level of persistence and continuity. Laws, rules, social conventions a ...
outside Bavaria to lure him away, he remained at Erlangen for more than fifty years. Reinhold Zippelius retired from his professorship at
Erlangen Erlangen (; East Franconian: ''Erlang'', Bavarian: ''Erlanga'') is a Middle Franconian city in Bavaria, Germany. It is the seat of the administrative district Erlangen-Höchstadt (former administrative district Erlangen), and with 116,062 inha ...
in 1995. Zippelius is a full member of the
Mainz Mainz () is the capital and largest city of Rhineland-Palatinate, Germany. Mainz is on the left bank of the Rhine, opposite to the place that the Main joins the Rhine. Downstream of the confluence, the Rhine flows to the north-west, with Ma ...
based Academy of Sciences and Literature (''"Akademie der Wissenschaften und der Literatur"''). In 2002 The Faculty of Scientific Theory and History at
Athens University The National and Kapodistrian University of Athens (NKUA; el, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών, ''Ethnikó ke Kapodistriakó Panepistímio Athinón''), usually referred to simply as the Univers ...
awarded him an honorary doctorate (''"doctor honoris causa"'').


Focus

His academic research is centred on constitutional law, theory of the state, along with legal philosophy and method. The "critical rationalism" provides the theoretical base for Zippelius' concept of law. According to Zippelius, law does not consist of "abstract" norms which are loosened from life, but it is "law in action", which is procreated by human action and thereby transformed into the reality of the contemporary culture.Zippelius, Rechtsphilosophie, 6th ed., § 4 In terms of legal theory, his themes include solving legal problems with the assistance of key concepts, comparison of cases and the question of what counts as "right", especially as regards the validity of unfair laws. In terms of theory of the state, his themes include the legitimation and cultivation of democracy, especially regarding the
rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannic ...
, and the oligarchic components of pluralistic democracy, furthermore the
federalism Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments ( provincial, state, cantonal, territorial, or other sub-unit governments) in a single ...
(the limitation of authorities, the functioning and the democratic ambiguity of federalism) and the problems of the
bureaucracy The term bureaucracy () refers to a body of non-elected governing officials as well as to an administrative policy-making group. Historically, a bureaucracy was a government administration managed by departments staffed with non-elected offi ...
.


See also

James R. Maxeiner (translated Reinhard Zippelius (son of Reinhold)) Thinking like a lawyer abroad: putting justice into legal reasoning, Washington University Global Studies Law Review Vol 11/1, January 2012


References

{{DEFAULTSORT:Zippelius, Reinhold People from Ansbach People from Middle Franconia 20th-century German jurists 21st-century jurists Philosophers of law University of Erlangen-Nuremberg faculty Critical rationalists 1928 births Living people