Julius Binder

Julius Binder (May 12, 1870 in Würzburg – August 28, 1939 in Göttingen) was a German philosopher of law. He is principally known as an opponent of legal positivism, and for having remained as an active scholar during the 1930s in Nazi Germany who did not speak out against the prevailing government of that time.

This article is about the German philosopher of law. For See de:Julius Binder, see Július Binder. For Other person, see Binder (surname).
Julius Binder
Julius Binder
Born(1870-05-12)12 May 1870
Würzburg
Died28 August 1939(1939-08-28) (aged 69)
Göttingen
NationalityGermany
CitizenshipGermany
Occupationphilosopher of law (German: Rechtsphilosoph)

Related person
Rudolf Stammler, Karl Larenz, Gerhard Dulckeit, Walther Schönfeld, Max Pohlenz, Ludwig Prandtl, Hermann Thiersch, Hugo Willrich, Hermann Kees; Carl Schmitt, Ernst Forsthoff
Home townWürzburg
Political party
  • Corps Bavaria Würzburg

Life

After studying law in Würzburg with honors (1894) and Habilitation (1898), he became professor in Rostock (1900), Erlangen (1903), Würzburg (1913) and Göttingen (1919). He founded the "International Hegel Federal" and became a member of the Göttingen Academy of Sciences.

After he had applied in earlier works the concept of rights from Immanuel Kant (as in: "Legal concept and idea of law" from the year 1915), he later became a strong critic of Neokantian legal philosophy, especially the philosophy of law of Rudolf Stammler. Since the 1920s, Julius Binder—and later along with Karl Larenz, Gerhard Dulckeit and Walther Schönfeld –- he applied a Neohegelian approach to jurisprudence in the system of the so-called "objective idealism". Binder was the academic teacher of the German legal philosopher and civil law proponent Karl Larenz. He rejected legal positivism.

In addition, Binder, along with others such as Ernst Forsthoff, Carl Schmitt, Karl Larenz among legal philosophers, did not criticize the Nazi legal system.[1]

Since 1890 he was a member of the Corps Bavaria Würzburg.[2]

Literary works

References
  1. Kaufmann, Arthur: Rechtsphilosophie und Nationalsozialismus. In: Rottleuthner, Hubert: Recht, Rechtsphilosophie und Nationalsozialismus. Vorträge aus der Tagung der deutschen Sektion der internationalen Vereinigung für Rechts- und Sozialphilosophie in der Bundesrepublik Deutschland vom 11. und 12. Oktober 1982 in Berlin (West). Wiesbaden 1983, S. 1–19.
  2. Kösener Corpslisten 1960, 138, 512


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