Martin Wolff (26 September 1872 – 20 July 1953) was a professor of law at the
University of Berlin
The Humboldt University of Berlin (, abbreviated HU Berlin) is a public research university in the central borough of Mitte in Berlin, Germany.
The university was established by Frederick William III on the initiative of Wilhelm von Humbol ...
in Germany. In 1935, he was prematurely retired from his post by the Nazis, and emigrated to Britain in 1938, where
All Souls College, Oxford
All Souls College (official name: The College of All Souls of the Faithful Departed, of Oxford) is a constituent college of the University of Oxford in England. Unique to All Souls, all of its members automatically become fellows (i.e., full me ...
supported him with a scholarship. He specialized in private international law, property law, commercial law and comparative law, writing numerous works, including standard works in German and English.
Life
Early life and studies (1872–1903)
Martin Wolff, the son of Wilhelm Wolff and Lehna Wolff (née Ball) was born in Berlin on 26 September 1872, into the family of a Jewish businessman and brought up in the Jewish faith.
He attended the
Collège Français in Berlin and studied Law in Berlin. In 1894, he was awarded a doctorate from the law faculty based on a dissertation on ''The beneficium excussionis realis''. In 1900, he obtained his ''
habilitation
Habilitation is the highest university degree, or the procedure by which it is achieved, in Germany, France, Italy, Poland and some other European and non-English-speaking countries. The candidate fulfills a university's set criteria of excelle ...
'' in Berlin, with the thesis ''Der Bau auf fremdem Boden, insbesondere der Grenzüberbau nach dem Bürgerlichen Gesetzbuche für das deutsche Reich auf geschichtlicher Grundlage''
uilding on the Property of Another, in Particular Building that Encroaches on Adjoining Land According to the Civil Code for the German Reich on a Historical Basis
Academic career, 1903–1938
In 1903, he was appointed associate professor. About this time, he wrote his treatise on property law in ''–
Kipp
The Knowledge is Power Program (KIPP) is a network of tuition-free, open-enrollment college-preparatory public charter schools serving students in historically underserved communities across the United States. Founded in 1994 by Mike Feinber ...
–Wolff'', which became a standard work for almost half a century and was translated into Spanish in 1937. He married
Marguerite Jolowicz in 1906. In 1907, he had a son,
Konrad Wolff
Konrad Wolff (11 March 1907 – 23 October 1989) was a German pianist and musicologist.
The son of Martin Wolff and Marguerite Jolowicz, he was born in Berlin, Germany, on 11 March 1907. From 1925 to 1930, he studied at the University of Heide ...
, who later became a famous pianist. He did not receive a full professorship until 1914. In 1919 he moved to
Bonn
Bonn () is a federal city in the German state of North Rhine-Westphalia, located on the banks of the Rhine. With a population exceeding 300,000, it lies about south-southeast of Cologne, in the southernmost part of the Rhine-Ruhr region. This ...
, but returned to Berlin in 1921, being appointed Professor for Civil Law, Commercial Law, and Private International Law. Wolff was regarded as an outstanding lecturer, his lectures always being full to overflowing. When the
Nazis
Nazism (), formally named National Socialism (NS; , ), is the far-right politics, far-right Totalitarianism, totalitarian socio-political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in Germany. During H ...
seized power, his lectures began to be disrupted. On 4 June and 5 June 1933, student
SA men interrupted his lecture and threatened students who wished to attend. When Wolff started speaking, he could not be heard. More than a hundred hecklers whistled and shouted "." Only after the rector, Eduard Kohlrausch, intervened was Wolff able to continue with the lecture (Wolff later stated that Kohlrausch was the only university teacher to support him). But the disturbances continued.
In 1935, because of his Jewish descent Wolff, along with his colleague
Ernst Rabel
Ernst Rabel (January 28, 1874 – September 7, 1955) was an Austrian-born scholar of Roman law, German private law, and comparative law, who, as the founding director of the Kaiser Wilhelm Institute for Foreign and International Private Law, in B ...
, was ousted from his professorship by the new dean of the Law Faculty, the fanatical Nazi Wenzeslaus von Gleispach, although neither he nor his colleague came under the proscriptions of the
Civil Service Restoration Act
The Law for the Restoration of the Professional Civil Service (, shortened to ''Berufsbeamtengesetz''), also known as Civil Service Law, Civil Service Restoration Act, and Law to Re-establish the Civil Service, was enacted by the Nazi regime in ...
, because they had had tenure since before 1914. The dismissal was nevertheless ordered by the education ministry.
Emigration to England 1938–1953
In 1938, he finally
emigrated
Emigration is the act of leaving a resident country or place of residence with the intent to settle elsewhere (to permanently leave a country). Conversely, immigration describes the movement of people into one country from another (to permanentl ...
to the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, never to return to Germany. He was made a
fellow
A fellow is a title and form of address for distinguished, learned, or skilled individuals in academia, medicine, research, and industry. The exact meaning of the term differs in each field. In learned society, learned or professional society, p ...
of
All Souls College
All Souls College (official name: The College of All Souls of the Faithful Departed, of Oxford) is a constituent college of the University of Oxford in England. Unique to All Souls, all of its members automatically become fellows (i.e., full me ...
,
Oxford
Oxford () is a City status in the United Kingdom, cathedral city and non-metropolitan district in Oxfordshire, England, of which it is the county town.
The city is home to the University of Oxford, the List of oldest universities in continuou ...
. In 1945, he published ''Private International Law'', a comprehensive description of English private international law. In 1947, he became a British citizen. In 1953, he was awarded an honorary doctorate from Oxford University.
He died in London on 20 July 1953. He was survived by his wife, the former Marguerite Jolowicz (1883–1964).
Works
Wolff wrote numerous articles on commercial, company, family, property, and insurance law, as well as on private international law. In particular, his textbooks on family and inheritance law were very successful and were reprinted several times. His textbook on property law was continued by his pupil Ludwig Raiser.
''Das Sachenrecht'' (1910)
Wolff's ''Das Sachenrecht''
roperty Lawwas first published in 1910, and it soon became a standard work. Between 1910 and 1923, it was published in nine editions and sold 37,000 copies. It is characterized by dogmatic rigour and systematic completeness. Wolff was criticized for ignoring economic and historical relationships and the connections to public law.
''Private International Law'' (1945)
Wolff's ''Private International Law'' was very well received in England. However, the typically Continental strictly systematic approach was somewhat off-putting for the English reader; in particular, the detailed discussion of problems that had not yet occurred in English case law was criticized:
However, this made it relevant for English courts when gaps in the law needed to be filled. For instance, Wolff's book has also been cited in decisions of the
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
.
Publications (selection)
* ''Der Bau auf fremdem Boden'' (1900)
* ''Das Sachenrecht'' (1910)
* ''Das Familienrecht'' (1912)
* ''Internationales Privatrecht'' (1933)
* ''Private International Law ''(1945)
* ''Traité de droit comparé'' (3 volumes) (1950–1952)
Honours
* 1952: ''
Knight Commanders of the Order of Merit of the Federal Republic of Germany''
* 1952: ''Honorary Doctor of Civil Law'' from Oxford University
Notes and references
Sources
*
*
*
*
* Munzinger International Biographical Archive 34/1953, 10 August 1953
{{DEFAULTSORT:Wolff, Martin
Humboldt University of Berlin alumni
Academic staff of the University of Bonn
Academic staff of the University of Marburg
Jewish emigrants from Nazi Germany to the United Kingdom
English legal scholars
German legal scholars
Knights Commander of the Order of Merit of the Federal Republic of Germany
1872 births
1953 deaths