Justus Henning Böhmer
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Justus Henning Böhmer (29 January 1674 in
Hanover Hanover (; german: Hannover ; nds, Hannober) is the capital and largest city of the German state of Lower Saxony. Its 535,932 (2021) inhabitants make it the 13th-largest city in Germany as well as the fourth-largest city in Northern Germany ...
– 23 August 1749 in Halle) was an outstanding German jurist, ecclesiastical jurist, Professor of the
University of Halle Martin Luther University of Halle-Wittenberg (german: Martin-Luther-Universität Halle-Wittenberg), also referred to as MLU, is a public, research-oriented university in the cities of Halle and Wittenberg and the largest and oldest university in ...
and also Geheimer Rat,
count palatine A count palatine (Latin ''comes palatinus''), also count of the palace or palsgrave (from German ''Pfalzgraf''), was originally an official attached to a royal or imperial palace or household and later a nobleman of a rank above that of an or ...
and chancellor of the
Duchy of Magdeburg The Duchy of Magdeburg (german: Herzogtum Magdeburg) was a province of the Margraviate of Brandenburg from 1680 to 1701 and a province of the German Kingdom of Prussia from 1701 to 1807. It replaced the Archbishopric of Magdeburg after its secula ...
.


Career

After his time at school in Hanover Justus Henning Böhmer studied law at the
University of Jena The University of Jena, officially the Friedrich Schiller University Jena (german: Friedrich-Schiller-Universität Jena, abbreviated FSU, shortened form ''Uni Jena''), is a public research university located in Jena, Thuringia, Germany. The un ...
since 1693. He attended judicial lectures inter alia with Professor Nikolaus Christoph Lyncker and also lectures in philosophy and theology. Initially after his first dissertation he was acted as an advocate in his hometown Hanover, but this employment did not meet his demands. In the year 1697 he therefore accepted an offer from the University of Rinteln, where he lectured young noblemen on his subjects. Some months later he moved to the Martin-Luther-
University of Halle Martin Luther University of Halle-Wittenberg (german: Martin-Luther-Universität Halle-Wittenberg), also referred to as MLU, is a public, research-oriented university in the cities of Halle and Wittenberg and the largest and oldest university in ...
which was founded 1694, where he prepared his second dissertation with
Christian Thomasius Christian Thomasius (1 January 1655 – 23 September 1728) was a German jurist and philosopher. Biography He was born in Leipzig and was educated by his father, Jakob Thomasius (1622–1684), at that time a junior lecturer in Leipzig Universi ...
, Johann Franz Buddeus and Samuel Stryck. On 27 August 1699 he succeeded to complete his
licenciate A licentiate (abbreviated Lic.) is an academic degree present in many countries, representing different educational levels. It may be similar to a master's degree when issued by pontifical universities and other universities in Europe, Latin A ...
of civil law and
church law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
. After a further time of lectures he had the opportunity to establish contact to the Prussian king's court, while he attended his protégé, the young nobleman duke Heinrich Georg of Waldeck, to the court. There his extraordinary judicial talent attracted attention, and on 27 July 1701 he was promoted to associate professor at the University of Halle, where he received his doctor's degree on 11 August 1702. He owed Samuel Stryck, who was his former mentor and paternal friend, his advancement to Stryck's adjutant on 9 December 1704 and later the position as professor of the judicial faculty on 24 November 1711. After Samuel Stryck's death in the year 1715 Böhmer was appointed to the professorship and obtained also Stryk's position of feudal law. On 17 August that year the emperor court of
Wien en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST ...
upgraded him to an Imperial Count Palatine (''Hofpfalzgraf''). Four years later, on 23 May 1719, King Frederick William I of Prussia awarded him the title Geheimer Rat and nominated him on 25 May 1719 as director of the University of Halle and deputy full professor of the judicial faculty. In the meantime and due to his good reputations he received offers from the emperor court of Wien, from the Universities of Bern, Kiel, Helmstedt, Frankfurt (Oder), Tübingen or Celle, but he disclaimed all of this, because he wanted to stay at Halle. Instead of this he advised his son Georg Ludwig Böhmer to the
University of Göttingen The University of Göttingen, officially the Georg August University of Göttingen, (german: Georg-August-Universität Göttingen, known informally as Georgia Augusta) is a public research university in the city of Göttingen, Germany. Founded ...
and his son Johann Samuel Friedrich von Böhmer to the University of Frankfurt (Oder). After the death of the chancellor of the
Duchy of Magdeburg The Duchy of Magdeburg (german: Herzogtum Magdeburg) was a province of the Margraviate of Brandenburg from 1680 to 1701 and a province of the German Kingdom of Prussia from 1701 to 1807. It replaced the Archbishopric of Magdeburg after its secula ...
, Johann Peter von Ludewig, Böhmer was assigned Ludewig's function on 14 December 1743 and at the same time was promoted to full professor in Halle. But only a few years later he died suddenly with an apoplectic stroke.


Judicial efforts

Justus Henning Böhmer was characterised not only by his excellent scholarship, but also by his deep religious perception. Thus he composed some significant chants, especially in his earlier years. In the judicial field initially he was a protectionist of the existing “territorial system" or Erastian theory of ecclesiastical government, but in the following years he represented a tendency to the
natural right Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', '' fundamental'' an ...
and the “Kollegialismus” (Protestant ecclesiastical theory from the 18th century in Germany, containing the Protestant perception at that time regarding the relationship between Church and State to be understood as
collegia A (plural ), or college, was any association in ancient Rome that acted as a legal entity. Following the passage of the ''Lex Julia'' during the reign of Julius Caesar as Consul and Dictator of the Roman Republic (49–44 BC), and their ...
on basis of human agreement), which was mainly continued by his sons. In his first great work, ''Jus ecclesiasticum protestantium'', he still drew on the traditional
canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...
, but he reformed the law to that effect that it was exempted from rigid orthodoxy, principles, resistance and dogmatism. Affected by the ideas of the
Age of Enlightenment The Age of Enlightenment or the Enlightenment; german: Aufklärung, "Enlightenment"; it, L'Illuminismo, "Enlightenment"; pl, Oświecenie, "Enlightenment"; pt, Iluminismo, "Enlightenment"; es, La Ilustración, "Enlightenment" was an intel ...
he represented an increasing critical and scientific development instead of a religious fundamentalism. Böhmers conception was predominant in the common
Protestantism Protestantism is a branch of Christianity that follows the theological tenets of the Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century against what its followers perceived to b ...
church law of the 18th century and was basis for further reforms to date. His results in the domain of civil law were of similar importance. In his next main work ''Introductio in jus digestorum'' a
pandects The ''Digest'', also known as the Pandects ( la, Digesta seu Pandectae, adapted from grc, πανδέκτης , "all-containing"), is a name given to a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine e ...
-compendium which was maintained until the 20th century, he liberated the traditional German law from the influence of the old
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...
and thus prepared the basis of the general Landrecht (law code) of the Prussian states. A huge amount of further significant and notable works on civil and church law as well as expertises were penned by him, and were publicised by his son Georg Ludwig Böhmer after Justus Henning's death in the collected edition ''Exercitationes ad pandectas'' some years later.


Family

Justus Henning Böhmer, son of the lawyer Valentin Böhmer (1634–1704) and Anna Margarethe Schirmer (1640–1714), was married to Eleonore Rosine Stützing (1679–1739). With her he had five children, four sons and one daughter who died with the age of 14 months. Three of his sons, Johann Samuel Friedrich von Böhmer (1704–1772), Karl August von Böhmer (1707–1748) and Georg Ludwig Böhmer (1715–1797) were also important German jurists, whereas the fourth son, Philipp Adolf Böhmer (1716–1789) was a professor of medicine and anatomy and also personal physician of King
Frederick William II of Prussia Frederick William II (german: Friedrich Wilhelm II.; 25 September 1744 – 16 November 1797) was King of Prussia from 1786 until his death in 1797. He was in personal union the Prince-elector of Brandenburg and (via the Orange-Nassau inherita ...
(1744–1797).


Works (optional)

* ''Jus parochiale'', Halle, 1701 * ''Introductio in jus digestorum'', Halle 1704 * ''Jus ecclesiasticum protestantium'', Halle 1714 * ''Corpus juris canonici'', Halle 1747


External links

* * * List of the literature in
Library of Congress The Library of Congress (LOC) is the research library that officially serves the United States Congress and is the ''de facto'' national library of the United States. It is the oldest federal cultural institution in the country. The library ...


* List of the literature in the catalogue of the library of the
University of Freiburg The University of Freiburg (colloquially german: Uni Freiburg), officially the Albert Ludwig University of Freiburg (german: Albert-Ludwigs-Universität Freiburg), is a public research university located in Freiburg im Breisgau, Baden-Württemb ...


* Justus Henning Böhmer in the Deutsche Nationalbibliothek, Deutschen Nationalbibliothek

* Justus Henning Böhmer in
Johann Heinrich Zedler Johann Heinrich Zedler (7 January 1706 in Breslau (now Wrocław, Poland) – 21 March 1751 in Leipzig) was a bookseller and publisher. His most important achievement was the creation of a German encyclopedia, the '' Grosses Universal-Lexicon (Gre ...
s:
Grosses vollständiges Universal-Lexicon The ''Grosses vollständiges Universal-Lexicon aller Wissenschafften und Künste'' ( en, Great Complete Encyclopedia of All Sciences and Arts, , italic=yes) is a 68-volume German encyclopedia published by Johann Heinrich Zedler between 1731 and 1 ...
aller Wissenschafften und Künste, Seite 22–25
Böhmer Just Henning in Bibliothèque numérique patrimoniale
- SICD der
University of Strasbourg The University of Strasbourg (french: Université de Strasbourg, Unistra) is a public research university located in Strasbourg, Alsace, France, with over 52,000 students and 3,300 researchers. The French university traces its history to the ea ...
* More images about Justus Henning Böhmer in the library of the University of Halle


Sources

* Johann Peter Niceron: ''Nachrichten von den Begebenheiten und Schriften berühmter Gelehrter''; Ed..: Friedrich Eberhard Rambach, Halle 1762 * Wilhelm Schrader: ''Geschichte der Friedrichs-Universität zu Halle'', Ferdinand Dümmlers Verlagsbuchhandlung, Bd. I., S. 146 ff., 1894; * Peter Landau: Biography "Justus Henning Boehmer" in: "Juristen, ein biographisches Lexikon"; Ed. Michael Stolleis, 2. Auflage, 1995, München; * Hans-Thorald Michaelis: ''Geschichte der Familie von Boehmer - In Fortführung der von Hugo Erich von Boehmer im Jahre 1892 verfassten Genealogie der von Justus Henning Boehmer abstammenden Familien sowie auch einiger der mit ihnen verschwägerten Familien'' ("History of the Family of Boehmer - ..."), Rheinische Verlagsanstalt, Bonn-Bad Godesberg (1978); 247 pages; Privat-Archive und in
Library of Congress The Library of Congress (LOC) is the research library that officially serves the United States Congress and is the ''de facto'' national library of the United States. It is the oldest federal cultural institution in the country. The library ...


* Götz von Boehmer: ''Halle an der Saale und Justus Henning Boehmer''; Familienforschung in Mitteldeutschland – Journal 1/2004 {{DEFAULTSORT:Boehmer. Justus Henning 1674 births 1749 deaths Jurists from Hanover People from the Duchy of Magdeburg Canon law jurists University of Jena alumni University of Halle faculty 18th-century jurists 18th-century German writers 18th-century German male writers Age of Enlightenment