Johann Kaspar Bluntschli
Encyclopedia
Johann Caspar Bluntschli (March 7, 1808 – October 21, 1881) was a Swiss
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....

 jurist
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 politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...

.

Biography

He was born in Zurich
Zürich
Zurich is the largest city in Switzerland and the capital of the canton of Zurich. It is located in central Switzerland at the northwestern tip of Lake Zurich...

 to a soap
Soap
In chemistry, soap is a salt of a fatty acid.IUPAC. "" Compendium of Chemical Terminology, 2nd ed. . Compiled by A. D. McNaught and A. Wilkinson. Blackwell Scientific Publications, Oxford . XML on-line corrected version: created by M. Nic, J. Jirat, B. Kosata; updates compiled by A. Jenkins. ISBN...

 and candle manufacturer. From school he passed into the Politische Institut (a seminary of law and political science) in his native town, and proceeding thence to the universities of Berlin
Berlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...

 and Bonn
Bonn
Bonn is the 19th largest city in Germany. Located in the Cologne/Bonn Region, about 25 kilometres south of Cologne on the river Rhine in the State of North Rhine-Westphalia, it was the capital of West Germany from 1949 to 1990 and the official seat of government of united Germany from 1990 to 1999....

, took the degree of doctor juris in the latter in 1829.

Returning to Zurich in 1830, he threw himself with ardour into the political strife which was at the time unsettling all the cantons of the Confederation, and in this year published Über die Verfassung der Stadt Zürich (On the Constitution of the City of Zurich). This was followed by Das Volk und der Souverän (1830), a work in which, while pleading for constitutional government, he showed his bitter repugnance of the growing Swiss radicalism. Elected in 1837 a member of the Great Council , he became the champion of the moderate conservative party.

Fascinated by the metaphysical
Metaphysics
Metaphysics is a branch of philosophy concerned with explaining the fundamental nature of being and the world, although the term is not easily defined. Traditionally, metaphysics attempts to answer two basic questions in the broadest possible terms:...

 views of the philosopher Friedrich Rohmer (1814-1856), a man who attracted little other attention, he endeavoured in Psychologische Studien der Staat und Kirche (1844) to apply them to political science
Political science
Political Science is a social science discipline concerned with the study of the state, government and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior...

 generally, and in particular as a panacea for the constitutional troubles of Switzerland. Bluntschli, shortly before his death, remarked, “I have gained renown as a jurist, but my greatest desert is to have comprehended Rohmer.” This philosophical essay, however, coupled with his uncompromising attitude towards both radicalism
Radicalism (historical)
The term Radical was used during the late 18th century for proponents of the Radical Movement. It later became a general pejorative term for those favoring or seeking political reforms which include dramatic changes to the social order...

 and ultramontanism
Ultramontanism
Ultramontanism is a religious philosophy within the Roman Catholic community that places strong emphasis on the prerogatives and powers of the Pope...

, brought him many enemies, and rendered his continuance in the council, of which he had been elected president, impossible. He resigned his seat, and on the overthrow of the Sonderbund
Sonderbund
The Sonderbund War of November 1847 was a civil war in Switzerland. It ensued after seven Catholic cantons formed the Sonderbund in 1845 in order to protect their interests against a centralization of power...

 in 1847, perceiving that all hope of power for his party was lost, took leave of Switzerland with the pamphlet Stimme eines Schweizers über die Bundesreform (1847), and settled at Munich
Munich
Munich The city's motto is "" . Before 2006, it was "Weltstadt mit Herz" . Its native name, , is derived from the Old High German Munichen, meaning "by the monks' place". The city's name derives from the monks of the Benedictine order who founded the city; hence the monk depicted on the city's coat...

, where he became professor of constitutional law in 1848.
At Munich he devoted himself with energy to the special work of his chair, and, resisting the temptation to identify himself with politics, published Algemeines Staatsrecht (1851-1852); Lehre vom modernen Staat (1875-1876); and, in conjunction with Karl Ludwig Theodor Brater (1819-1869), Deutsches Staatswörterbuch (11 vols, 1857-1870; abridged by Edgar Loening in 3 vols., 1869-1875). Meanwhile he had assiduously worked at his code for the canton of Zurich, Privatrechtliches Gesetzbuch für den Kanton Zürich (1854-1856), a work which was much praised at the time, and which, particularly the section devoted to contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...

s, served as a model for codes both in Switzerland and other countries.

In 1861 Bluntschli received a call to Heidelberg as professor of constitutional law (Staatsrecht), where he again entered the political arena, endeavouring in his Geschichte des algemeinen Staatsrechts und der Politik (1864) to stimulate, as he said, the political consciousness of the German people, to cleanse it of prejudices and to further it intellectually. He was a Freemason and was Master of Lodge Ruprecht zu den fünf Rosen and in 1865 published a public letter against Pope Pius IX's apostolic exhortation
Apostolic exhortation
An apostolic exhortation is a type of communication from the Pope of the Roman Catholic Church. It encourages a community of people to undertake a particular activity, but does not define Church doctrine...

 Multiplices inter. In his new home, Baden, he devoted his energies and political influence, during the Austro-Prussian War
Austro-Prussian War
The Austro-Prussian War was a war fought in 1866 between the German Confederation under the leadership of the Austrian Empire and its German allies on one side and the Kingdom of Prussia with its German allies and Italy on the...

 of 1866, towards keeping the country neutral. From this time Bluntschli became active in the field of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

, and his fame as a jurist belongs rather to this province than to that of constitutional law. His Das moderne Kriegsrecht (1866); Das moderne Völkerrecht (1868), and Das Beuterecht im Krieg (1878) are likely to remain invaluable text-books in this branch of the science of jurisprudence. He also wrote a pamphlet on the Alabama case
Alabama Claims
The Alabama Claims were a series of claims for damages by the United States government against the government of Great Britain for the assistance given to the Confederate cause during the American Civil War. After international arbitration endorsed the American position in 1872, Britain settled...

.

Bluntschli was one of the founders, at Ghent
Ghent
Ghent is a city and a municipality located in the Flemish region of Belgium. It is the capital and biggest city of the East Flanders province. The city started as a settlement at the confluence of the Rivers Scheldt and Lys and in the Middle Ages became one of the largest and richest cities of...

 in 1873, of the Institute of International Law, and was the representative of the German emperor at the conference on the international laws of war at 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...

. During the latter years of his life he took a lively interest in the Protestantenverein
Protestantenverein
The Protestantenverein was a society in Germany the general object of which was to promote the union and progress of the various Protestant established Churches of the country in harmony with the advance of culture and on the basis of Christianity.It was founded at Frankfurt am Main in 1863 by a...

, a society formed to combat reactionary and ultramontane views of theology.

He died suddenly at Karlsruhe on the October 21, 1881. His library was acquired by Johns Hopkins University
Johns Hopkins University
The Johns Hopkins University, commonly referred to as Johns Hopkins, JHU, or simply Hopkins, is a private research university based in Baltimore, Maryland, United States...

.

Among his works, other than those before mentioned, may be cited Deutsches Privatrecht (1853-1854); Deutsche Slaatslehre für Gebildete (1874); and Deutsche Staatslehre und die heutige Staatenwelt (1880).
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