Justus Henning Böhmer
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Justus Henning Böhmer (29 January 1674 in
Hanover Hanover ( ; ; ) is the capital and largest city of the States of Germany, German state of Lower Saxony. Its population of 535,932 (2021) makes it the List of cities in Germany by population, 13th-largest city in Germany as well as the fourth-l ...
– 23 August 1749 in Halle) was an outstanding German
jurist A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal prac ...
, ecclesiastical jurist, Professor of the University of Halle and also Geheimer Rat,
count palatine A count palatine (Latin ''comes palatinus''), also count of the palace or palsgrave (from German ''Pfalzgraf''), was originally an official attached to a royal or imperial palace or household and later a nobleman of a rank above that of an or ...
and chancellor of the Duchy of Magdeburg.


Career

After his time at school in Hanover Justus Henning Böhmer studied law at the University of Jena since 1693. He attended judicial lectures inter alia with Professor Nikolaus Christoph Lyncker and also lectures in philosophy and theology. Initially after his first dissertation he was acted as an advocate in his hometown Hanover, but this employment did not meet his demands. In the year 1697 he therefore accepted an offer from the University of Rinteln, where he lectured young noblemen on his subjects. Some months later he moved to the Martin-Luther- University of Halle which was founded 1694, where he prepared his second dissertation with Christian Thomasius, Johann Franz Buddeus and Samuel Stryck. On 27 August 1699 he succeeded to complete his licenciate of civil law and church law. After a further time of lectures he had the opportunity to establish contact to the Prussian king's court, while he attended his protégé, the young nobleman duke Heinrich Georg of Waldeck, to the court. There his extraordinary judicial talent attracted attention, and on 27 July 1701 he was promoted to associate professor at the University of Halle, where he received his doctor's degree on 11 August 1702. He owed Samuel Stryck, who was his former mentor and paternal friend, his advancement to Stryck's adjutant on 9 December 1704 and later the position as professor of the judicial faculty on 24 November 1711. After Samuel Stryck's death in the year 1715 Böhmer was appointed to the professorship and obtained also Stryk's position of
feudal law Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of structuring societ ...
. On 17 August that year the emperor court of
Wien Vienna ( ; ; ) is the capital city, capital, List of largest cities in Austria, most populous city, and one of Federal states of Austria, nine federal states of Austria. It is Austria's primate city, with just over two million inhabitants. ...
upgraded him to an Imperial Count Palatine (''Hofpfalzgraf''). Four years later, on 23 May 1719, King
Frederick William I of Prussia Frederick William I (; 14 August 1688 – 31 May 1740), known as the Soldier King (), was King in Prussia and Elector of Brandenburg from 1713 until his death in 1740, as well as Prince of Neuchâtel. Born in Berlin, he was raised by the Hugu ...
awarded him the title Geheimer Rat and nominated him on 25 May 1719 as director of the University of Halle and deputy full professor of the judicial faculty. In the meantime and due to his good reputations he received offers from the emperor court of Wien, from the Universities of Bern, Kiel, Helmstedt, Frankfurt (Oder), Tübingen or Celle, but he disclaimed all of this, because he wanted to stay at Halle. Instead of this he advised his son Georg Ludwig Böhmer to the
University of Göttingen The University of Göttingen, officially the Georg August University of Göttingen (, commonly referred to as Georgia Augusta), is a Public university, public research university in the city of Göttingen, Lower Saxony, Germany. Founded in 1734 ...
and his son Johann Samuel Friedrich von Böhmer to the University of Frankfurt (Oder). After the death of the chancellor of the Duchy of Magdeburg, Johann Peter von Ludewig, Böhmer was assigned Ludewig's function on 14 December 1743 and at the same time was promoted to full professor in Halle. But only a few years later he died suddenly with an apoplectic stroke.


Judicial efforts

Justus Henning Böhmer was characterised not only by his excellent scholarship, but also by his deep religious perception. Thus he composed some significant chants, especially in his earlier years. In the judicial field initially he was a protectionist of the existing “territorial system" or Erastian theory of ecclesiastical government, but in the following years he represented a tendency to the natural right and the “Kollegialismus” (Protestant ecclesiastical theory from the 18th century in Germany, containing the Protestant perception at that time regarding the relationship between Church and State to be understood as collegia on basis of human agreement), which was mainly continued by his sons. In his first great work, ''Jus ecclesiasticum protestantium'', he still drew on the traditional
canon law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
, but he reformed the law to that effect that it was exempted from rigid orthodoxy, principles, resistance and dogmatism. Affected by the ideas of the
Age of Enlightenment The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a Europe, European Intellect, intellectual and Philosophy, philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained th ...
he represented an increasing critical and scientific development instead of a religious fundamentalism. Böhmers conception was predominant in the common
Protestantism Protestantism is a branch of Christianity that emphasizes Justification (theology), justification of sinners Sola fide, through faith alone, the teaching that Salvation in Christianity, salvation comes by unmerited Grace in Christianity, divin ...
church law of the 18th century and was basis for further reforms to date. His results in the domain of civil law were of similar importance. In his next main work ''Introductio in jus digestorum'' a
pandects The ''Digest'' (), also known as the Pandects (; , , "All-Containing"), was a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine emperor Justinian I in 530–533 AD. It is divided into 50 books. The ''Dige ...
-compendium which was maintained until the 20th century, he liberated the traditional German law from the influence of the old
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 (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
and thus prepared the basis of the general Landrecht (law code) of the Prussian states. A huge amount of further significant and notable works on civil and church law as well as expertises were penned by him, and were publicised by his son Georg Ludwig Böhmer after Justus Henning's death in the collected edition ''Exercitationes ad pandectas'' some years later.


Family

Justus Henning Böhmer, son of the lawyer Valentin Böhmer (1634–1704) and Anna Margarethe Schirmer (1640–1714), was married to Eleonore Rosine Stützing (1679–1739). With her he had five children, four sons and one daughter who died with the age of 14 months. Three of his sons, (1704–1772), (1707–1748) and (1715–1797) were also important German jurists, whereas the fourth son, Philipp Adolf Böhmer (1716–1789) was a professor of medicine and anatomy and also personal physician of King Frederick William II of Prussia (1744–1797).


Works (optional)

* ''Jus parochiale'', Halle, 1701 * ''Introductio in jus digestorum'', Halle 1704 * ''Jus ecclesiasticum protestantium'', Halle 1714 * ''Corpus juris canonici'', Halle 1747


External links

* * * List of the literature in
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* List of the literature in the catalogue of the library of the
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* Justus Henning Böhmer in the Deutsche Nationalbibliothek, Deutschen Nationalbibliothek

* Justus Henning Böhmer in Johann Heinrich Zedlers: Grosses vollständiges Universal-Lexicon aller Wissenschafften und Künste, Seite 22–25
Böhmer Just Henning in Bibliothèque numérique patrimoniale
- SICD der
University of Strasbourg The University of Strasbourg (, Unistra) is a public research university located in Strasbourg, France, with over 52,000 students and 3,300 researchers. Founded in the 16th century by Johannes Sturm, it was a center of intellectual life during ...
* More images about Justus Henning Böhmer in the library of the University of Halle


Sources

* Johann Peter Niceron: ''Nachrichten von den Begebenheiten und Schriften berühmter Gelehrter''; Ed..: Friedrich Eberhard Rambach, Halle 1762 * Wilhelm Schrader: ''Geschichte der Friedrichs-Universität zu Halle'', Ferdinand Dümmlers Verlagsbuchhandlung, Bd. I., S. 146 ff., 1894; * Peter Landau: Biography "Justus Henning Boehmer" in: "Juristen, ein biographisches Lexikon"; Ed. Michael Stolleis, 2. Auflage, 1995, München; * Hans-Thorald Michaelis: ''Geschichte der Familie von Boehmer - In Fortführung der von Hugo Erich von Boehmer im Jahre 1892 verfassten Genealogie der von Justus Henning Boehmer abstammenden Familien sowie auch einiger der mit ihnen verschwägerten Familien'' ("History of the Family of Boehmer - ..."), Rheinische Verlagsanstalt, Bonn-Bad Godesberg (1978); 247 pages; Privat-Archive und in
Library of Congress The Library of Congress (LOC) is a research library in Washington, D.C., serving as the library and research service for the United States Congress and the ''de facto'' national library of the United States. It also administers Copyright law o ...


* Götz von Boehmer: ''Halle an der Saale und Justus Henning Boehmer''; Familienforschung in Mitteldeutschland – Journal 1/2004 {{DEFAULTSORT:Boehmer. Justus Henning 1674 births 1749 deaths Jurists from Hanover People from the Duchy of Magdeburg Canon law jurists University of Jena alumni Academic staff of the University of Halle 18th-century German jurists 18th-century German writers 18th-century German male writers Age of Enlightenment