Kantorowicz, HermannWORKS BY KANTOROWICZ Source for information on Kantorowicz, Hermann: International Encyclopedia of the Social Sciences. KANTOROWICZ, HERMANN (–), German jurist. Born in Posen, Kantorowicz became assistant lecturer at the University of Freiburg in and. Aug. Herzlich Willkommen auf der Seite des Hermann Kantorowicz Institut der Christian-Albrechts-Universität zu Kiel.

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Hermann Kantorowicz —German jurist, was hemann in Posen Posznan. After receiving his secondary education at the Louisen Gymnasium in Berlin, he proceeded to study law at Berlin, Geneva, and Munich, and he obtained his doctorate of laws in from the University of Heidelberg with a dissertation on the kanrorowicz of criminal law.

After devoting several years of study in Italy to the history of European jurisprudence, he was appointed in as Privatdozent to teach criminal lawthe philosophy of law, and the history of law in the University of Freiburg Breisgau.

He was made an associate professor in and full professor of auxiliary juridical sciences in In he gave a seminar at Columbia UniversityNew York.

The following year he was appointed professor of criminal law at the University of Kiel. In he was appointed assistant director of research in law at Cambridge, where he died in Kantorowicz early turned to the problems of method in jurisprudence.

“Hermann Kantorowicz (): the battle for legal science” conference | University of Helsinki

His controversial pamphlet Der Kampf um die Rechtswissenschaft appeared in under the pseudonym of Gnaeus Flavius. The pamphlet proclaimed that a judge must not only apply the rules of law to individual cases but should also create law whenever there is a hiatus in a statute. This, then, constituted a challenge to legal positivism, which based kantprowicz on the logical subsumption of any particular case under the law.

He also maintained that judicial decisions and jurisprudence should take the emotions into account.

Kiel University | Famous Scholars from Kiel

The study of the sources of law was also enriched by Kantorowicz. Free law consists not only of custom and usage but also of judicial opinions and the authoritative statements of legal scholars.

Supporting the validity of statute law, Kantorowicz refused to accept any judicial decision contra legem as a source of law. The new free-law school of thought acquired more and more adherents and made a major contribution to the defeat of legal positivism. In his Aus der Vorgeschichte der FreirechtslehreKantorowicz traced the development of this trend from antiquity to the nineteenth century. He pointed out that the doctrine of free law was founded upon kantorowifz methods and findings in the philosophy of law, in the study of juridical method, and in the study of the psychology of the judge.


Kantorowicz felt indebted, above all, to the Heidelberg philosopher Emil Lask. And his doctrine is akin to that of Gustav Radbruch, the Heidelberg legal philosopher, who had long been his close friend. Like Radbruch, Kantorowicz espoused a relativism of values. In his theory of science, he distinguished sciences of facts, sciences of meaning, and sciences of value.

Although he finally classified jurisprudence among the sciences of value, he attempted to take into account its many aspects. Kantorowicz was one of the first German professors of law to espouse sociology, and he did so enthusiastically. Before his time Jhering, Gierke, Duguit, Gumplowicz, Menger, and others had emphasized the social aspect of the law.

Hermann Kantorowicz

Kantorowicz was especially indebted to Max Weber for his socio-logical insights. In a lecture entitled Rechtswissenschaft und Soziologiedelivered at a Frankfurt convention of sociologists, he established limits for the two disciplines based on his classification of the sciences: He urged that the two sciences, jurisprudence and sociology, complement each other.

He criticized the views of the legal realists, who held that the factual takes precedence over the normative her,ann were more concerned with what the courts were doing than with what could be deduced hermxnn the norms of the laws. Kantorowicz also charged the realists with laying too much stress on the notion of the social determination of all law and with regarding jurisprudence exclusively as an empirical sociological science.

Kantorowicz made significant contributions to the history of law as well as to legal theory. Throughout his career he wrote and edited books about the history of Italian criminal law in the Middle Ages and the early Renaissance ; ; —; He also studied the history of the sources of Roman law in the Middle Ages. His painstaking work in the field of the history of law is evident in his writings Entstehung der Digestenvulgata and Einfiihrung in die Textkritik Finally, Kantorowicz was concerned with the nature and significance of the historical school of law of the nineteenth century.


He was greatly attracted to the ideas of F. He also wrote about other nineteenth-century representatives of legal science, such as Jhering and Max Conrat.

Christian-Albrechts-Universität zu Kiel

Kantorowicz was a leading student of criminal law. At an early date he realized the great significance of comparative criminal law in the evolution of jurisprudence. In his book Tat und Schuldhe developed hsrmann concept of universal doctrines of criminal law by taking kantoorwicz critical attitude toward the German science of criminal law.

Kantorowicz was a militant throughout his life and kaantorowicz passionately concerned with the problems of politics. In works such as Germany and the League of Nations b and The Spirit of British Policy and the Myth of the Encirclement of Germany he was primarily concerned with the problems of foreign policy and the idea of world peace. Edited by Hermann Kantorowicz and Fritz Schulz. Systematische Darstellung der textkritischen Grundsdtze fur Philologen und Juristen.

Volume 1, pages 73—96 in Hauptprobleme der Soziologie: Erinnerungsgabe fur Max Weber. Volume 1, pages — in Jahrbuch fur Soziologie. A Summary of Its Methodology. Columbia Law Review Yale Law Journal Studies in the Glossators of the Roman Law: Newly Discovered Writings of the Twelfth Century.

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