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Carl Andreas Hilty (28 February 1833 – 12 October 1909) was a
Swiss Swiss may refer to: * the adjectival form of Switzerland * Swiss people Places * Swiss, Missouri * Swiss, North Carolina *Swiss, West Virginia * Swiss, Wisconsin Other uses *Swiss-system tournament, in various games and sports *Swiss Internation ...
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
,
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of
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...
,
politician A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking, a ...
,
philosopher A philosopher is a person who practices or investigates philosophy. The term ''philosopher'' comes from the grc, φιλόσοφος, , translit=philosophos, meaning 'lover of wisdom'. The coining of the term has been attributed to the Greek th ...
,
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and
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.


Life


Family background, education and early career

Hilty was born in the small town of Werdenberg in the canton of St. Gallen in
northeastern Switzerland Eastern Switzerland (german: Ostschweiz, french: Suisse orientale, rm, Svizra orientala, it, Svizzera orientale) is the common name of the region situated to the east of Glarus Alps, with the cantons of Schaffhausen, Thurgau, St. Gallen, Appenze ...
. His father was the
physician A physician (American English), medical practitioner (Commonwealth English), medical doctor, or simply doctor, is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through th ...
Johann Ulrich Hilty, who practised
medicine Medicine is the science and practice of caring for a patient, managing the diagnosis, prognosis, prevention, treatment, palliation of their injury or disease, and promoting their health. Medicine encompasses a variety of health care pract ...
in Chur, the capital of the eastern canton of the
Grisons The Grisons () or Graubünden,Names include: *german: (Kanton) Graubünden ; * Romansh: ** rm, label= Sursilvan, (Cantun) Grischun ** rm, label=Vallader, (Chantun) Grischun ** rm, label= Puter, (Chantun) Grischun ** rm, label=Surmiran, (Cant ...
. His family had been based in Werdenberg for centuries and in 1835 he bought the crumbling Werdenberg Castle at an
auction An auction is usually a process of buying and selling goods or services by offering them up for bids, taking bids, and then selling the item to the highest bidder or buying the item from the lowest bidder. Some exceptions to this definition ex ...
. Carl Hilty's mother Elisabeth (née Kilias) hailed from Chur and was the daughter of a former regimental doctor of the
French Army The French Army, officially known as the Land Army (french: Armée de Terre, ), is the land-based and largest component of the French Armed Forces. It is responsible to the Government of France, along with the other components of the Armed For ...
. She died already in 1847. Carl Hilty grew up in Chur, where he first attended the public primary school and then the canton school of the
Swiss Reformed Church The Protestant Church in Switzerland (PCS), (EKS); french: Église évangélique réformée de Suisse (EERS); it, Chiesa evangelica riformata in Svizzera (CERiS); rm, Baselgia evangelica refurmada da la Svizra (BRRS) formerly named Federation o ...
. From 1851 until 1853 Hilty studied
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
in Germany at 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 ...
. In 1854 he acquired his doctorate of both laws at
Heidelberg University } Heidelberg University, officially the Ruprecht Karl University of Heidelberg, (german: Ruprecht-Karls-Universität Heidelberg; la, Universitas Ruperto Carola Heidelbergensis) is a public research university in Heidelberg, Baden-Württemberg, ...
. He subsequently spent some time in
London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
and
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. S ...
in order to improve his language skills. From 1855 onwards he was the director of a
law firm A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to r ...
in Chur for almost two decades. As a non-citizen of the Grisons he soon emerged as a prominent proponent of
direct democracy Direct democracy or pure democracy is a form of democracy in which the Election#Electorate, electorate decides on policy initiatives without legislator, elected representatives as proxies. This differs from the majority of currently establishe ...
. In 1857, after an engagement period of just a few months, Hilty married Johanna Gaertner, who hailed from a family of
legal scholars A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
in
Prussia Prussia, , Old Prussian: ''Prūsa'' or ''Prūsija'' was a German state on the southeast coast of the Baltic Sea. It formed the German Empire under Prussian rule when it united the German states in 1871. It was ''de facto'' dissolved by an em ...
. Her father Gustav, who already died in 1842, was a professor of law at the
University of Bonn The Rhenish Friedrich Wilhelm University of Bonn (german: Rheinische Friedrich-Wilhelms-Universität Bonn) is a public research university located in Bonn, North Rhine-Westphalia, Germany. It was founded in its present form as the ( en, Rhine U ...
. Her mother Marie Simon, who was born in Breslau as the daughter of a judge and one-time chairman of the Prussian examination board of jurists, had written and published a political novel about the German revolutions of 1848–1849. Like her brother Heinrich Simon, who had been a prominent member of the Frankfurt Parliament, she apparently had to escape anti-democratic and anti-liberal repressions in the reactionary era that followed the subdued revolutions and joined him in his Swiss exile. Johanna's god-father was the nationalist and pro-democracy writer Ernst Moritz Arndt, who had been a member of the Frankfurt Parliament as well. Hilty's sister Anna was married to the jurist and
brigadier Brigadier is a military rank, the seniority of which depends on the country. In some countries, it is a senior rank above colonel, equivalent to a brigadier general or commodore, typically commanding a brigade of several thousand soldiers. In ...
Hand Hold, one of the leading Grisonian liberals during the second half of the 19th century.


Public career in the Army, Academia, and Parliament

In 1862, Hilty joined the legal staff of the Swiss Armed Forces in addition to his work in his law firm. In 1872, he also became a member of the Great City Council of Chur. In 1874, he became a professor of constitutional law at the
University of Bern The University of Bern (german: Universität Bern, french: Université de Berne, la, Universitas Bernensis) is a university in the Switzerland, Swiss capital of Bern and was founded in 1834. It is regulated and financed by the Canton of Bern. It ...
. Hilty was a spokesman for women's rights to vote and to be elected, several decades before the subject became mainstream. Hilty argued that Switzerland, as a nation-state comprising several nationalities and languages, had a unique mission of demonstrating that a nation-state could transcend tribal tendencies. In 1890, he became a member of the National Council.


«Happiness» and «Political Yearbooks»

From 1886, he edited ''Politisches Jahrbuch der schweizerischen Eidgenossenschaft'' (The Journal of Swiss Jurisprudence) Hilty's philosophical concern was practical in nature. He wrote about happiness, the meaning of life and work, developing good habits, time management, and winning the battles of life. He became famous from his writings about happiness, which first appeared in three volumes in 1891, 1895 and 1899. These essays were eventually collected into a single volume entitled: "Happiness: Essays on the Meaning of Life". In this work, Hilty combines ancient stoic thought with Christian beliefs. The work was translated into English by Prof. Francis Greenwood Peabody, Professor of Christian Morals at Harvard University, and first appeared in the United States in 1903. Hilty supported the Salvation Army, which opened their services in Zurich. At first he made jokes about their noisy appearance, but only a few years later, he recognized them as one of the few groups who were able to put the words of Jesus in practice. Hilty was in his time one of the few intellectuals who still believed in the Gospel, while many other intellectuals dedicated themselves to the so-called "monastic" philosophy following the new sciences after Darwin. He believed in a new reformation beyond the dogmas of churches and politics, after the time of materialism. He famously said: "Peace is only a hair's breadth away from war." Although a Christian, he was not a pacifist, and expected the coming world war.


Final years

His wife Johanna died in 1897. Hilty died in Clarens in 1909.


Legacy

Hilty's work influenced the thinking of
William James William James (January 11, 1842 – August 26, 1910) was an American philosopher, historian, and psychologist, and the first educator to offer a psychology course in the United States. James is considered to be a leading thinker of the lat ...
.


Books

Academic: * ''Theoretiker und Idealisten der Demokratie'' (Theorists and Idealists of Democracy), Bern, 1868 * ''Ideen und Ideale schweizerischer Politik'' (Ideas and Ideals of Swiss Politics), Bern, 1875 * ''Vorlesungen über die Politik der Eidgenossenschaft'' (Lectures on the Swiss Political System), Bern, 1879 * ''Ueber die Wiedereinfuhrung der Todesstrafe'' (On Capital Punishment), Bern, 1879 * ''Die Neutralität der Schweiz in ihrer heutigen Auffassung'' (The Neutrality of Switzerland), Bern, 1889 :(translated into French by Mentha, 1889) * ''Das Referendum im schweizerischen Staatsrecht'' (The Referendum in Switzerland), Archiv für öffentliches Recht, 1887 * ''Der Burenkrieg'' (The Boer War), Bern, 1900. Personal: * ''Glück'' (Happiness ), 1891, (translated into Dutch by Eduard Fimmen, 1903) . * ''Lesen und Reden'' (On Reading and Speaking), 1891 * ''Für schlaflose Nächte'' (For Sleepless Nights), 1901.


References


External links

* * * * {{DEFAULTSORT:Hilty, Carl 1833 births 1909 deaths People from the canton of St. Gallen Swiss Calvinist and Reformed Christians Free Democratic Party of Switzerland politicians Members of the National Council (Switzerland) Swiss philosophers Male feminists Feminist philosophers Swiss suffragists Swiss military officers University of Bern faculty People from Chur Heidelberg University alumni University of Göttingen alumni