Fritz Schulz
Encyclopedia
Fritz Schulz was a German jurist
and legal historian
. He was one of the 20th centuries' most important scholars in the field of Roman Law
. The Nazis forced him to leave Germany
and to emigrate to England
due to his political stance and his Jewish origins.
), then called Bunzlau. Schulz' father was a Protestant. His mother came from a Jewish family. She converted to Christianity when Fritz was a small boy. Schulz grew up in his native town in Lower Silesia and studied law in Berlin and Breslau (now Wrocław) from 1899 to 1902, when he passed the First State Examination in Law. He received the grade of Doctor iuris
from the University of Breslau in 1905. In the same year, Schulz obtained the habilitation
at the University of Freiburg
in Breisgau
. In 1910, Schulz was appointed to a full professorship in Innsbruck (Austria
). From Innsbruck, Schulz moved on to posts in Kiel
(1912), Göttingen (1916) and Bonn
(1923). During his time in Göttingen, Schulz actively supported the Deutsche Demokratische Partei, a lef-oft-center liberal party, which was among the staunchest supporters of the fragile democratic system in Germany.
In 1931, Schulz accepted a call to the University of Berlin. At the time, a professorship in Berlin was considered the most prestigious post a legal scholar could achieve in his career.
However, Schulz's brilliant academic career was brutally interrupted when it had just reached its peak. In 1934, Schulz was forcibly transferred to the University of Frankfurt am Main and then forced into retirement in 1935. In spite of this, Schulz stayed in Germany. Only in 1939 he emigrated, first to the Netherlands
and then to Oxford
(England). In Oxford, Schulz managed to survive due to financial support from various sources including Oxford University Press
and the Rockefeller Foundation
.
Schulz did not return to stay in Germany after the war. In 1947, he became a British subject
. Schulz did, however, give a series of guest lectures at German universities after the war.
In 1949 received an honorary doctorate from the University of Frankfurt am Main. He was honoured with a Festschrift
at the occasion of his 70th birthday. Schulz also became Honorary Professor a the University of Bonn (1951) and member of the Accademia dei Lincei
in Rome (1952). He died in Oxford.
Werner Flume, one of Germany's most influential jurists in the second half of the 20th century, is a pupil of Fritz Schulz.
in the Roman texts, his contributions are still valuable and are cited frequently. His book “System der Rechte auf den Eingriffserwerb”, published in 1909, is still seen as an important contribution to the German Law
of Unjustified Enrichment
today.
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
and legal historian
Historian
A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the study of all history in time. If the individual is...
. He was one of the 20th centuries' most important scholars in the field of Roman Law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
. The Nazis forced him to leave Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
and to emigrate to England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
due to his political stance and his Jewish origins.
Life
Schulz was born in Bolesławiec (PolandPoland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
), then called Bunzlau. Schulz' father was a Protestant. His mother came from a Jewish family. She converted to Christianity when Fritz was a small boy. Schulz grew up in his native town in Lower Silesia and studied law in Berlin and Breslau (now Wrocław) from 1899 to 1902, when he passed the First State Examination in Law. He received the grade of Doctor iuris
Doctorate
A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder to teach in a specific field, A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder...
from the University of Breslau in 1905. In the same year, Schulz obtained the habilitation
Habilitation
Habilitation is the highest academic qualification a scholar can achieve by his or her own pursuit in several European and Asian countries. Earned after obtaining a research doctorate, such as a PhD, habilitation requires the candidate to write a professorial thesis based on independent...
at the University of Freiburg
University of Freiburg
The University of Freiburg , sometimes referred to in English as the Albert Ludwig University of Freiburg, is a public research university located in Freiburg im Breisgau, Baden-Württemberg, Germany.The university was founded in 1457 by the Habsburg dynasty as the...
in Breisgau
Breisgau
Breisgau is the name of an area in southwest Germany, placed between the river Rhine and the foothills of the Black Forest around Freiburg im Breisgau in the state of Baden-Württemberg. The district Breisgau-Hochschwarzwald, which partly consists of the Breisgau, is named after that area...
. In 1910, Schulz was appointed to a full professorship in Innsbruck (Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
). From Innsbruck, Schulz moved on to posts in Kiel
University of Kiel
The University of Kiel is a university in the city of Kiel, Germany. It was founded in 1665 as the Academia Holsatorum Chiloniensis by Christian Albert, Duke of Holstein-Gottorp and has approximately 23,000 students today...
(1912), Göttingen (1916) and Bonn
University of Bonn
The University of Bonn is a public research university located in Bonn, Germany. Founded in its present form in 1818, as the linear successor of earlier academic institutions, the University of Bonn is today one of the leading universities in Germany. The University of Bonn offers a large number...
(1923). During his time in Göttingen, Schulz actively supported the Deutsche Demokratische Partei, a lef-oft-center liberal party, which was among the staunchest supporters of the fragile democratic system in Germany.
In 1931, Schulz accepted a call to the University of Berlin. At the time, a professorship in Berlin was considered the most prestigious post a legal scholar could achieve in his career.
However, Schulz's brilliant academic career was brutally interrupted when it had just reached its peak. In 1934, Schulz was forcibly transferred to the University of Frankfurt am Main and then forced into retirement in 1935. In spite of this, Schulz stayed in Germany. Only in 1939 he emigrated, first to the Netherlands
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...
and then to Oxford
Oxford
The city of Oxford is the county town of Oxfordshire, England. The city, made prominent by its medieval university, has a population of just under 165,000, with 153,900 living within the district boundary. It lies about 50 miles north-west of London. The rivers Cherwell and Thames run through...
(England). In Oxford, Schulz managed to survive due to financial support from various sources including Oxford University Press
Oxford University Press
Oxford University Press is the largest university press in the world. It is a department of the University of Oxford and is governed by a group of 15 academics appointed by the Vice-Chancellor known as the Delegates of the Press. They are headed by the Secretary to the Delegates, who serves as...
and the Rockefeller Foundation
Rockefeller Foundation
The Rockefeller Foundation is a prominent philanthropic organization and private foundation based at 420 Fifth Avenue, New York City. The preeminent institution established by the six-generation Rockefeller family, it was founded by John D. Rockefeller , along with his son John D. Rockefeller, Jr...
.
Schulz did not return to stay in Germany after the war. In 1947, he became a British subject
British subject
In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
. Schulz did, however, give a series of guest lectures at German universities after the war.
In 1949 received an honorary doctorate from the University of Frankfurt am Main. He was honoured with a Festschrift
Festschrift
In academia, a Festschrift , is a book honoring a respected person, especially an academic, and presented during his or her lifetime. The term, borrowed from German, could be translated as celebration publication or celebratory writing...
at the occasion of his 70th birthday. Schulz also became Honorary Professor a the University of Bonn (1951) and member of the Accademia dei Lincei
Accademia dei Lincei
The Accademia dei Lincei, , is an Italian science academy, located at the Palazzo Corsini on the Via della Lungara in Rome, Italy....
in Rome (1952). He died in Oxford.
Werner Flume, one of Germany's most influential jurists in the second half of the 20th century, is a pupil of Fritz Schulz.
Scholarly achievements
Schulz is best known today for his vivid and very readable works on Roman law and Roman legal science. Even though he followed the prevalent scientific trend of his day and tended to assume a large number of interpolationsInterpolation (manuscripts)
An interpolation, in relation to literature and especially ancient manuscripts, is an entry or passage in a text that was not written by the original author...
in the Roman texts, his contributions are still valuable and are cited frequently. His book “System der Rechte auf den Eingriffserwerb”, published in 1909, is still seen as an important contribution to the German Law
Law of Germany
The modern German legal system is a system of law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws as for example most regulations of the civil code were developed prior to the 1949 constitution...
of Unjustified Enrichment
Restitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...
today.
Works
- Sabinus-Fragmente in Ulpians Sabinus-Commentar (Halle: M. Niemeyer, 1906)
- System der Rechte auf den Eingriffserwerb in: Archiv für die civilistische Praxis, vol. 105 (1909)
- Einführung in das Studium der Digesten (Tübingen: Verlag von J. C. B. Mohr (Paul Siebeck), 1916)
- Die epitome Ulpiani des Codex vaticanus reginæ 1128, edited by F. Schulz (Bonn: A. Marcus und E. Weber, 1926)
- Prinzipien des Römischen Rechts, Volesungen gehalten an der Universität Berlin von Fritz Schultz (München - Leipzig: Verlag Duncker & Humblot, 1934)
- History of Roman Legal Science (Oxford: Clarendon Press, 1946)
- Classical Roman Law (Oxford: Clarendon Press, 1951, 1954 printing)
- Geschichte der römischen Rechtswissenschaft (Weimar: H. Böhlaus Nachfolger, 1961)
- Thomae Diplovatatii Liber de claris iuris consultis. Pars posterior, curantibus F. Schulz, H. KantorowiczHermann KantorowiczHermann Kantorowicz was a distinguished German jurist.He was a professor at Freiburg University , Visiting Professor, Columbia University...
, G. Rabotti (Bononiae: Institutum Gratianum, c1968)