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Paul Laband (24 May 1838 – 23 March 1918) was a German jurist and the

German Empire The German Empire (),Herbert Tuttle wrote in September 1881 that the term "Reich" does not literally connote an empire as has been commonly assumed by English-speaking people. The term literally denotes an empire – particularly a hereditary ...

's leading scholar of

constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...

Life and work

Labant was born into a Jewish family and converted to Christianity in 1857. He studied law at Breslau,

Heidelberg Heidelberg (; Palatine German: ') is a city in the German state of Baden-Württemberg, situated on the river Neckar in south-west Germany. As of the 2016 census, its population was 159,914, of which roughly a quarter consisted of students ...

and

Berlin Berlin ( , ) is the capital and largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's most populous city, according to population within city limits. One of Germany's sixteen constitu ...

, and obtained his

habilitation Habilitation is the highest university degree, or the procedure by which it is achieved, in many European countries. The candidate fulfills a university's set criteria of excellence in research, teaching and further education, usually including ...

in Heidelberg in 1861. He was called to teach at

Königsberg Königsberg (, ) was the historic Prussian city that is now Kaliningrad, Russia. Königsberg was founded in 1255 on the site of the ancient Old Prussian settlement ''Twangste'' by the Teutonic Knights during the Northern Crusades, and was ...

in 1864, and at

Strasbourg Strasbourg (, , ; german: Straßburg ; gsw, label= Bas Rhin Alsatian, Strossburi , gsw, label= Haut Rhin Alsatian, Strossburig ) is the prefecture and largest city of the Grand Est region of eastern France and the official seat of the ...

in 1872, where he taught until his retirement. The Imperial government appointed him as councillor of state of Alsace-Lorraine in 1879 and as a member of that state's legislature in 1911. He was a signatory of the

Manifesto of the Ninety-Three The "Manifesto of the Ninety-Three" (originally "To the Civilized World" by "Professors of Germany") is a 4 October 1914 proclamation by 93 prominent Germans supporting Germany in the start of World War I. The Manifesto galvanized support for the ...

that supported Germany's entry into World War I. Laband's writings on constitutional law are characterized by a formalist approach focused on terminology and logic, disregarding other rules of

statutory interpretation Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meani ...

such as historical, philosophical, political or

teleological Teleology (from and )Partridge, Eric. 1977''Origins: A Short Etymological Dictionary of Modern English'' London: Routledge, p. 4187. or finalityDubray, Charles. 2020 912Teleology" In ''The Catholic Encyclopedia'' 14. New York: Robert Appleton ...

considerations. In a 1870 paper on Prussian budget law, he established the distinction made in German legal scholarship between laws in the formal sense and laws in the material sense. Laband was also influential as the editor of several leading

law review A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also p ...

s and as the author of the textbook ''Staatsrecht des deutschen Reiches'', which appeared in five editions until 1914.

Works

* ''Beiträge zur Kunde des Schwabenspiegels.'' Berlin 1861 * ''Das Magdeburg-Breslauer systematische Schöffenrecht.'' Berlin 1863 * ''Jura Prutenorum.'' Königsberg 1866 * ''Magdeburger Rechtsquellen.'' Königsberg 1869 * ''Die vermögensrechtlichen Klagen nach den sächsischen Rechtsquellen des Mittelalters.'' Königsberg 1869 * ''Das Budgetrecht nach den Bestimmungen der preußischen Verfassungsurkunde.'' Berlin 1871 * ''Das Finanzrecht des Deutschen Reichs.'' In: Hirths: ''Annalen.'' 1873 * ''Das Staatsrecht des Deutschen Reichs.'' 3 volumes. Laupp, Tübingen 1876–1882 * ''Die Wandlungen der deutschen Reichsverfassung.'' Dresden 1895
digitized
* ''Der Streit über die Thronfolge im Fürstentum Lippe.'' Berlin 1896
digitized
* ''Staatsrechtliche Vorlesungen. Vorlesungen zur Geschichte des Staatsdenkens, zur Staatstheorie und Verfassungsgeschichte und zum deutschen Staatsrecht des 19. Jahrhunderts, gehalten an der Kaiser-Wilhelm-Universität Straßburg 1872–1918.'' Ed. by Bernd Schlüter. Duncker & Humblot, Berlin 2004, .

References

External links

* {{DEFAULTSORT:Laband, Paul German jurists 1838 births 1918 deaths Academic staff of the University of Strasbourg German scholars of constitutional law

Life and work

Works

Further reading

References

External links