Eduard Meijers
Encyclopedia
Eduard Maurits Meijers was a Dutch
jurist of Jewish background, who was the founding father of the current Dutch civil code
, the Nieuw Burgerlijk Wetboek
.
against Kant
's rationalism
and posing that in general well-being should be the final goal of every law institution.
After his studies he ran a law practice in Amsterdam. In 1910 he accepted a chair in private law
and private international law at the Leiden University
. He was particularly interested in legal history
and his publication were of great influence on the development of this field in the Netherlands. He became internationally recognized and received honorary degree
s from the universities of Aberdeen
, Brussels
, Glasgow
, Leuven
, Lille
and Paris
. From 1918 to 1922 Meijers was dean
of the law faculty in Leiden; in 1926 and 1927 he was rector of the university.
. In September 1944 he was transported to the Theresienstadt concentration camp
in Bohemia
. He survived the camps and returned to Leiden on June 25, 1945.
for the Netherlands (the Burgerlijk Wetboek
) to replace the current code that had been in place since 1838. In 1954, Meijers handed over the design for the first four books, accompanied with an extensive explanation. After Meijer's death that same year, his work was continued by Jan Drion, Jannes Eggens, Frits de Jong and Geert de Grooth. The first book of the new civil code was put into law in 1970, the second in 1976. The last four of the seven books were put into law only in 1992, 45 years after Meijers had started the work.
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
jurist of Jewish background, who was the founding father of the current Dutch civil code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
, the Nieuw Burgerlijk Wetboek
Burgerlijk Wetboek
The Burgerlijk Wetboek is the civil code of the Netherlands. Early permutations were largely based on the Napoleonic code. The Dutch Civil Code was given substantive reform in 1992. The Code deals with the rights of individuals , legal entities , the rights of assets and succession...
.
Family
He was the son of Isidor Meijers, a naval phycisian, and Julie Wolff. Eduard married Tonij Gottschalk on August 12, 1909. The couple would get four daughters.Career
In 1897 Meijers entered the University of Amsterdam to study law. He finished his doctorate under Johannes Houwing in April 1903. His dissertation had an emphasis on philosophy, defending utilitarianismUtilitarianism
Utilitarianism is an ethical theory holding that the proper course of action is the one that maximizes the overall "happiness", by whatever means necessary. It is thus a form of consequentialism, meaning that the moral worth of an action is determined only by its resulting outcome, and that one can...
against Kant
KANT
KANT is a computer algebra system for mathematicians interested in algebraic number theory, performing sophisticated computations in algebraic number fields, in global function fields, and in local fields. KASH is the associated command line interface...
's rationalism
Rationalism
In epistemology and in its modern sense, rationalism is "any view appealing to reason as a source of knowledge or justification" . In more technical terms, it is a method or a theory "in which the criterion of the truth is not sensory but intellectual and deductive"...
and posing that in general well-being should be the final goal of every law institution.
After his studies he ran a law practice in Amsterdam. In 1910 he accepted a chair in private law
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
and private international law at the Leiden University
Leiden University
Leiden University , located in the city of Leiden, is the oldest university in the Netherlands. The university was founded in 1575 by William, Prince of Orange, leader of the Dutch Revolt in the Eighty Years' War. The royal Dutch House of Orange-Nassau and Leiden University still have a close...
. He was particularly interested in legal history
Legal history
Legal history or the history of law is the study of how law has evolved and why it changed. Legal history is closely connected to the development of civilizations and is set in the wider context of social history...
and his publication were of great influence on the development of this field in the Netherlands. He became internationally recognized and received honorary degree
Honorary degree
An honorary degree or a degree honoris causa is an academic degree for which a university has waived the usual requirements, such as matriculation, residence, study, and the passing of examinations...
s from the universities of Aberdeen
Aberdeen
Aberdeen is Scotland's third most populous city, one of Scotland's 32 local government council areas and the United Kingdom's 25th most populous city, with an official population estimate of ....
, Brussels
Brussels
Brussels , officially the Brussels Region or Brussels-Capital Region , is the capital of Belgium and the de facto capital of the European Union...
, Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
, Leuven
Leuven
Leuven is the capital of the province of Flemish Brabant in the Flemish Region, Belgium...
, Lille
Lille
Lille is a city in northern France . It is the principal city of the Lille Métropole, the fourth-largest metropolitan area in the country behind those of Paris, Lyon and Marseille. Lille is situated on the Deûle River, near France's border with Belgium...
and Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
. From 1918 to 1922 Meijers was dean
Dean (education)
In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...
of the law faculty in Leiden; in 1926 and 1927 he was rector of the university.
Second World War
The firing of Meijers and other Jewish scientists in 1940 by the German occupiers led Meijers' former graduate student Rudolph Cleveringa to give a widely acclaimed and consequential protest speech on November 26, 1940. On August 7, 1942, Meijers and his wife and youngest daughter were deported to Camp WesterborkWesterbork (camp)
Westerbork concentration camp was a World War II Nazi refugee, detention and transit camp in Hooghalen, ten kilometres north of Westerbork, in the northeastern Netherlands. Its function during the Second World War was to assemble Roma and Dutch Jews for transport to other Nazi concentration...
. In September 1944 he was transported to the Theresienstadt concentration camp
Theresienstadt concentration camp
Theresienstadt concentration camp was a Nazi German ghetto during World War II. It was established by the Gestapo in the fortress and garrison city of Terezín , located in what is now the Czech Republic.-History:The fortress of Terezín was constructed between the years 1780 and 1790 by the orders...
in Bohemia
Bohemia
Bohemia is a historical region in central Europe, occupying the western two-thirds of the traditional Czech Lands. It is located in the contemporary Czech Republic with its capital in Prague...
. He survived the camps and returned to Leiden on June 25, 1945.
A new Dutch civil code
On April 25, 1947, Meijers was asked by Royal Order to design a new civil codeCivil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
for the Netherlands (the Burgerlijk Wetboek
Burgerlijk Wetboek
The Burgerlijk Wetboek is the civil code of the Netherlands. Early permutations were largely based on the Napoleonic code. The Dutch Civil Code was given substantive reform in 1992. The Code deals with the rights of individuals , legal entities , the rights of assets and succession...
) to replace the current code that had been in place since 1838. In 1954, Meijers handed over the design for the first four books, accompanied with an extensive explanation. After Meijer's death that same year, his work was continued by Jan Drion, Jannes Eggens, Frits de Jong and Geert de Grooth. The first book of the new civil code was put into law in 1970, the second in 1976. The last four of the seven books were put into law only in 1992, 45 years after Meijers had started the work.
Sources
- Translation of Dutch Wikipedia entry.
- E.M. Meijers and the Recodification of the Dutch Civil Code after World War II"