Rudolf Schlesinger
Encyclopedia
Rudolf Berthold Schlesinger (1909-November 10, 1996) was a German
-born American
legal scholar known for his contributions to the study of comparative law
, a discipline that examines the differences and similarities among the legal systems of nations.
and a relative of bankers. He was born in Munich
, Bavaria
, Germany
, in 1909. As he was growing up, he exhibited especial intellectual abilities, but also a great interest for sports and art. He completed his doctoral thesis on commercial law
, earning his degree in law from the University of Munich in 1933. He then worked as a lawyer for the bank that years before had been founded by his predecessors. He developed a background in finance while also helping German Jews transfer their assets out of the country in order to escape Nazi persecution.
In 1938, with the Nazi party gaining strength, Schlesinger, who was Jewish, emigrated to the United States. Soon, he enrolled in the Columbia Law School
, where he became the first, and perhaps the only, non native English speaking editor of the Columbia Law Review
. He graduated first in his class in 1942 and started working as an assistant to a New York Supreme Court
judge. He briefly worked at a large New York City
financial law firm; however, in 1948 he moved into academia and started teaching in the Cornell Law School
, where he later became a professor of comparative law.
He also wrote important studies of civil procedure
and international business transactions and directed a ten-year international research project on contract
s.
In 1975 he left, as Professor Emeritus, and became a professor in the University of California
's Hastings College of the Law
, until his retirement in 1995. Schlesinger and his wife, Ruth Hirschland Schlesinger, both died on November 10, 1996, in San Francisco, California
, an apparent double suicide .
, became a staple of law school curricula and entered its fifth edition in the late 1990s.
In 1955, working on behalf of the New York Law Revision Commission, he examined the important question of whether to codify commercial law. His study, "Problems of Codification of Commercial Law" (1955), paralleled the development of the Uniform Commercial Code
. In 1995 the American Journal of Comparative Law published a tribute to Schlesinger that praised the brilliance of his "heroic work" and noted that its influence went beyond U.S. law: "Today's serious efforts to find and develop a unitary European private law is, consciously or unconsciously, a continuation of Schlesinger's effort."
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...
-born American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
legal scholar known for his contributions to the study of comparative law
Comparative law
Comparative law is the study of differences and similarities between the law of different countries. More specifically, it involves study of the different legal systems in existence in the world, including the common law, the civil law, socialist law, Islamic law, Hindu law, and Chinese law...
, a discipline that examines the differences and similarities among the legal systems of nations.
Biography
Schlesinger was the son of a lawyerLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and a relative of bankers. He was born in 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...
, Bavaria
Bavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...
, 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...
, in 1909. As he was growing up, he exhibited especial intellectual abilities, but also a great interest for sports and art. He completed his doctoral thesis on commercial law
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
, earning his degree in law from the University of Munich in 1933. He then worked as a lawyer for the bank that years before had been founded by his predecessors. He developed a background in finance while also helping German Jews transfer their assets out of the country in order to escape Nazi persecution.
In 1938, with the Nazi party gaining strength, Schlesinger, who was Jewish, emigrated to the United States. Soon, he enrolled in the Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
, where he became the first, and perhaps the only, non native English speaking editor of the Columbia Law Review
Columbia Law Review
The Columbia Law Review is a law review edited and published by students at Columbia Law School. In addition to articles, the journal regularly publishes scholarly essays and student notes. It was founded in 1901 by Joseph E. Corrigan and John M. Woolsey, who served as the review's first...
. He graduated first in his class in 1942 and started working as an assistant to a New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
judge. He briefly worked at a large New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
financial law firm; however, in 1948 he moved into academia and started teaching in the Cornell Law School
Cornell Law School
Cornell Law School, located in Ithaca, New York, is a graduate school of Cornell University and one of the five Ivy League law schools. The school confers three law degrees...
, where he later became a professor of comparative law.
He also wrote important studies of civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
and international business transactions and directed a ten-year international research project on 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.
In 1975 he left, as Professor Emeritus, and became a professor in the University of California
University of California
The University of California is a public university system in the U.S. state of California. Under the California Master Plan for Higher Education, the University of California is a part of the state's three-tier public higher education system, which also includes the California State University...
's Hastings College of the Law
University of California, Hastings College of the Law
University of California, Hastings College of the Law is a public law school in San Francisco, California, located in the Civic Center neighborhood....
, until his retirement in 1995. Schlesinger and his wife, Ruth Hirschland Schlesinger, both died on November 10, 1996, in San Francisco, California
San Francisco, California
San Francisco , officially the City and County of San Francisco, is the financial, cultural, and transportation center of the San Francisco Bay Area, a region of 7.15 million people which includes San Jose and Oakland...
, an apparent double suicide .
Schlesinger and comparative law
Schlesinger had an enormous impact on U.S. and European legal studies. Foremost was his pioneering 1950 book on comparative law, Comparative Law: Cases, Text, Materials, which ultimately influenced two generations of readers. His arrival in the field during the early 1950s helped to give it both greater legitimacy and popularity in legal academia. His book Comparative Law: Cases, Texts, Materials (1950), written while Schlesinger taught at Cornell UniversityCornell University
Cornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions...
, became a staple of law school curricula and entered its fifth edition in the late 1990s.
In 1955, working on behalf of the New York Law Revision Commission, he examined the important question of whether to codify commercial law. His study, "Problems of Codification of Commercial Law" (1955), paralleled the development of the Uniform Commercial Code
Uniform Commercial Code
The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is...
. In 1995 the American Journal of Comparative Law published a tribute to Schlesinger that praised the brilliance of his "heroic work" and noted that its influence went beyond U.S. law: "Today's serious efforts to find and develop a unitary European private law is, consciously or unconsciously, a continuation of Schlesinger's effort."