Stephan Kuttner
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Stephan George Kuttner (March 24, 1907 in
Bonn The federal city of Bonn ( lat, Bonna) is a city on the banks of the Rhine in the German state of North Rhine-Westphalia, with a population of over 300,000. About south-southeast of Cologne, Bonn is in the southernmost part of the Rhine-Ru ...
– August 12, 1996 in Berkeley), an expert in
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 t ...
, was recognized as a leader in the discovery, interpretation and analysis of important texts and manuscripts that are key to understanding the evolution of legal systems from
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 J ...
to modern
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 ...
.


Biography

Born in
Bonn The federal city of Bonn ( lat, Bonna) is a city on the banks of the Rhine in the German state of North Rhine-Westphalia, with a population of over 300,000. About south-southeast of Cologne, Bonn is in the southernmost part of the Rhine-Ru ...
, Germany, into a family of
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
ancestry, Kuttner was raised as a
Lutheran Lutheranism is one of the largest branches of Protestantism, identifying primarily with the theology of Martin Luther, the 16th-century German monk and reformer whose efforts to reform the theology and practice of the Catholic Church launched ...
and converted to
Roman Catholicism The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
in 1932. He received his law degree from
Berlin University Humboldt-Universität zu Berlin (german: Humboldt-Universität zu Berlin, abbreviated HU Berlin) is a German public research university in the central borough of Mitte in Berlin. It was established by Frederick William III on the initiative o ...
in 1931, where he was a classmate and friend of the legal historian
Hsu Dau-lin Hsu Dau-lin (; December 4, 1907 – December 24, 1973) was a distinguished legal scholar who made substantial contributions to the study of Tang and Song Law and, especially for new republican states, of Constitutional Law. He devoted his prime ...
. Two years later he fled
Nazi Germany Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
for Italy, where he worked as a research fellow at the
Vatican Library The Vatican Apostolic Library ( la, Bibliotheca Apostolica Vaticana, it, Biblioteca Apostolica Vaticana), more commonly known as the Vatican Library or informally as the Vat, is the library of the Holy See, located in Vatican City. Formally es ...
and taught at the Lateran University in Rome. In 1940, he emigrated to the United States with his young family. He was a professor at Washington, D.C.'s
Catholic University of America The Catholic University of America (CUA) is a private Roman Catholic research university in Washington, D.C. It is a pontifical university of the Catholic Church in the United States and the only institution of higher education founded by U.S. ...
from 1940 to 1964, where a chair in canon law is named in his honor."Universities: Yale's Catholic Professor." ''Time'' Magazine Dec 27, 1963 available online a

/ref> At
Yale University Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the w ...
he was the first occupant of the T. Lawrason Riggs Chair of Catholic Studies, which he held for five years. Thereafter he became the first Director of the Robbins Collection in Roman and Canon Law in the
University of California, Berkeley School of Law The University of California, Berkeley, School of Law (commonly known as Berkeley Law or UC Berkeley School of Law) is the law school of the University of California, Berkeley, a public research university in Berkeley, California. It is one of 1 ...
(1970–1988), and continued as Emeritus Professor of Law until his death. Kuttner had a large family and at the time of his death was survived by his wife, Eva (née Illch), eight of nine children, twenty grandchildren, 14 great-grandchildren and a sister. Eva Kuttner died on November 14, 2007.


Works

To organize the field of textual scholarship in medieval canon law he founded the Institute of Medieval Canon Law in 1955, which he presided over for 25 years and which now is affiliated to the
University of Munich The Ludwig Maximilian University of Munich (simply University of Munich or LMU; german: Ludwig-Maximilians-Universität München) is a public research university in Munich, Germany. It is Germany's sixth-oldest university in continuous operatio ...
and bears his name. He also launched a series of international congresses in medieval canon law, the tenth of which was in session at the time of his death. He was appointed by
Pope Paul VI Pope Paul VI ( la, Paulus VI; it, Paolo VI; born Giovanni Battista Enrico Antonio Maria Montini, ; 26 September 18976 August 1978) was head of the Catholic Church and sovereign of the Vatican City, Vatican City State from 21 June 1963 to his ...
to serve on the initial Commission for the Reform of the Code of Canon Law. Kuttner also founded the publishing series Monumenta Iuris Canonici and the journal ''Bulletin of Medieval Canon Law''. The latter originally appeared in the journal ''Traditio'', before becoming an independent journal. The author of many scholarly works, Kuttner received numerous academic awards and honors in the U.S. and abroad. He held honorary degrees from
Cambridge Cambridge ( ) is a university city and the county town in Cambridgeshire, England. It is located on the River Cam approximately north of London. As of the 2021 United Kingdom census, the population of Cambridge was 145,700. Cambridge bec ...
,
Paris Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. Si ...
,
Bologna Bologna (, , ; egl, label= Emilian, Bulåggna ; lat, Bononia) is the capital and largest city of the Emilia-Romagna region in Northern Italy. It is the seventh most populous city in Italy with about 400,000 inhabitants and 150 different na ...
and
Salamanca Salamanca () is a city in western Spain and is the capital of the Province of Salamanca in the autonomous community of Castile and León. The city lies on several rolling hills by the Tormes River. Its Old City was declared a UNESCO World Herit ...
universities and was a member of the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (abbreviation: AAA&S) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, a ...
, the
Institut de France The (; ) is a French learned society, grouping five , including the Académie Française. It was established in 1795 at the direction of the National Convention. Located on the Quai de Conti in the 6th arrondissement of Paris, the institut ...
and the
American Philosophical Society The American Philosophical Society (APS), founded in 1743 in Philadelphia, is a scholarly organization that promotes knowledge in the sciences and humanities through research, professional meetings, publications, library resources, and communit ...
. Kuttner was recognized for his life's work by his 1969 induction into the prestigious Order
Pour le Mérite The ' (; , ) is an order of merit (german: Verdienstorden) established in 1740 by King Frederick II of Prussia. The was awarded as both a military and civil honour and ranked, along with the Order of the Black Eagle, the Order of the Red Eag ...
, Germany's highest honor to bestow on artists, scholars, and scientists. An accomplished pianist, he also composed music, wrote and translated poetry, and corresponded widely in several languages. In 1990, his
Missa Brevis Missa brevis (plural: Missae breves) is . The term usually refers to a mass composition that is short because part of the text of the Mass ordinary that is usually set to music in a full mass is left out, or because its execution time is relati ...
, written for 16 vocal parts, was performed by The
Boston Cecilia The Boston Cecilia is a choral society in Boston, Massachusetts. Founded in 1876, the ensemble has enjoyed historic relationships with the Boston Symphony Orchestra and famous conductors and composers, such as Arthur Fiedler, Igor Stravinsky, and An ...
. Th
Library of the Stephan Kuttner Institute of Medieval Canon Law
has Kuttner's extensive Collection of scholarly off-prints as well as his scholarly correspondence. A data base of these titles is now available at the institute. In the future the database might be accessible on the Internet.


Books by Stephan Kuttner

* ''Die juristische Natur der falschen Beweisaussage. Ein Beitrag zur Geschichte und der Systematik Eidesdelikte, zugleich Beschränkung einer zur Frage auf der Strafbarkeit erhebliche Falsche Aussagen.'' Berlin 1931. * ''Kanonistische Schuldlehre von Gratian bis auf die Dekretalen Gregors IX.: Systematisch auf Grund der Quellen handschriftlichen dargestellt.'' Città del Vaticano 1935. * ''Repertorium der Kanonistik (1140-1234). Prodromus corporis glossarum.'' Cittá del Vaticano 1937. * ''A Catalogue of Canon and Roman Law Manuscripts in the Vatican Library.'' Vatican City 1986-, * ''Gratian and the Schools of Law, 1140–1234.'' London 1983, * ''Harmony from Dissonance, an Interpretation of Medieval Canon Law.'' Wimmer Lecture 10. St. Vincent's, Latrobe, Pa; 1960. (No ISBN) * ''Pope Urban II: The Collectio Britannica, and the Council of Melfi (1089).'' Robert Somerville with the collaboration of Stephan Kuttner. Oxford 1996, * ''Studies in the History of Medieval Canon Law.'' Aldershot 1990,


References


Sources

* Horst Fuhrmann : Stephan Kuttner: Canon Law as Theory of Harmony . In trans. humans and merits. A personal portrait gallery. Munich 2001, pp. 220–230, . * Horst Fuhrmann: Obituary Stephan Kuttner . In: German archive for research of the Middle Ages 53 (1997), pp. 411–413. * Andreas Hetzenecker: Stephan Kuttner in America 1940–1964. Foundation of the modern historical-canonical research. Berlin 2007, . * Barbara Wolf Dahm: Stephan Kuttner. In: Biographic-bibliographic church encyclopedia (BBKL). Volume 4, Bautz, Herzberg, 1992, , 533-533 Sp. * Raoul C. Van Caenegem: Legal historians I have known: a personal memoir. In: History of Law, Journal of the Max Planck Institute for European Legal History, vol 17 (2010), pp. 253–299.


External links


Earlier bibliographies


















---- * There is a Stephan Kuttner Memorial Lecture within each of th

* A Stephan Kuttner Memorial Session is regularly held at the meetings of th
Medieval Academy of America
at Kalamazoo


Robbins Collection




{{DEFAULTSORT:Kuttner, Stephan 1907 births 1996 deaths American legal scholars Converts to Roman Catholicism from Lutheranism German Roman Catholics German emigrants to the United States Catholic University of America School of Canon Law faculty Yale University faculty UC Berkeley School of Law faculty Canon law jurists Fellows of the Medieval Academy of America Recipients of the Pour le Mérite (civil class) Corresponding Fellows of the British Academy