10 Most Influential Austrian Lawyers and Scholars

Published in

Heritage Digest

13 min readJun 30, 2024

Austria’s legal history is marked by the contributions of numerous influential lawyers who have shaped the nation’s legal framework and judicial thought. These individuals have left an indelible mark on Austrian law, from pioneering legal theorists to trailblazing practitioners. This article explores ten of the most influential Austrian lawyers whose work and legacy resonate in legal circles today.

Felix Ermacora (1923–1995)
Ludwig von Mises (1881–1973)
Joseph Unger (1828–1913)
Adolf Julius Merkl (1890–1970)
Julius Glaser (1831–1885)
Franz Klein (1854–1926)
Karl Renner (1870–1950)
Manfred Nowak (1950-present)
Bruno Kreisky (1911–1990)
Richard von Bienerth-Schmerling (1863–1918)

1. Felix Ermacora (1923–1995)

Felix Ermacora was born on October 13, 1923, in a time marked by political turmoil and the rise of Nazism in Europe. His early life was significantly impacted by this tumultuous period, as evidenced by his service in the army of Nazi Germany as a private. Despite these challenging beginnings, Ermacora pursued an academic and legal career, dedicating himself to human rights and international law.

Ermacora’s education and career were deeply rooted in law and human rights. He became a professor of international law at the University of Innsbruck in 1956 and later at the University of Vienna in 1964. His academic contributions were significant, and he used his platform to advance the understanding and enforcement of human rights laws. Ermacora was also politically active, serving as a member of Parliament for the Austrian People’s Party from 1971 to 1990. His legal expertise and commitment to human rights were further recognized in his roles with the European Commission of Human Rights and the United Nations Human Rights Committee.

Ermacora achieved notable distinctions throughout his career and significantly contributed to human rights. As President of the United Nations Commission on Human Rights in 1974 and UN Special Rapporteur for Afghanistan, he brought attention to human rights abuses in various countries, including Chile, South Africa, Palestine, Iran, and Afghanistan. His work was recognized globally, earning him multiple awards and honors, including the UNESCO Prize for Human Rights Education and the European Human Rights Prize. Ermacora’s influence extended beyond his life through the Felix Ermacora Institut and the Felix Ermacora Human Rights Award, continuing his legacy in human rights advocacy. He passed away in 1995 due to a disease contracted during a UN mission.

2. Ludwig von Mises (1881–1973)

Ludwig von Mises was a renowned economist, historian, and sociologist born in Lviv (then part of Austria-Hungary) into a Jewish family on September 29, 1881. His father, Arthur Edler von Mises, was involved in railway construction, while his mother, Adele, was connected to Austrian political circles. Mises grew up in a cultured and intellectual environment, mastering multiple languages and developing a keen interest in economics and law.

Mises’s formal education was deeply rooted in law and economics. He attended the University of Vienna, where he was influenced by Carl Menger’s works, a founding figure in the Austrian School of Economics. Mises obtained his doctorate in law in 1906, which marked the beginning of a lifelong academic and advisory career. Contributions to economic theory and a keen interest in the legal aspects of economic policies marked his early work.

Mises’s achievements spanned economics, sociology, and political philosophy. He was a critical figure in the Austrian School of Economics development and is best known for his work on praxeology, comparing communism and capitalism. Mises’s emigration to the United States in 1940 due to the rise of totalitarianism in Europe led to significant contributions to libertarian movements and classical liberalism. His influence extended to students like Friedrich Hayek and shaped 20th-century economic thought. Mises passed away on October 10, 1973, in New York, leaving a profound economic and legal theory legacy.

3. Joseph Unger (1828–1913)

Joseph Unger, born on July 2, 1828, was a renowned Austrian jurist and statesman. His birthplace and early life were rooted in an academic environment, which influenced his path toward a career in law and education. His parents’ backgrounds aren’t widely recorded, but their support likely played a crucial role in his academic pursuits.

Unger’s education was deeply entrenched in legal studies. He graduated from the University of Vienna and was later appointed as an assistant librarian and privatdozent (a type of teaching position) in 1850. His academic prowess led him to Prague as an assistant professor, and by 1855, he secured a similar position in Vienna. In 1857, his expertise in jurisprudence earned him a full professorship at the University of Vienna.

Significant academic and public service achievements marked Unger’s career. In 1867, he was elected to the Austrian Landtag and the Reichsrat but soon resigned due to health issues. Unger was a life member of the House of Lords from 1869, wielding considerable influence as the whip of the Liberal Party. He served briefly as a minister in Prince Auersperg’s cabinet and, in 1881, was appointed president of the Reichsgericht, a pinnacle of his legal career. Unger, originally Jewish, converted to Roman Catholicism in 1852, a personal decision reflective of his time's complex social and religious dynamics. He passed away on May 12, 1913, leaving a legacy of legal scholarship and public service.

4. Adolf Julius Merkl (1890–1970)

Adolf Julius Merkl was born in Vienna, Austria, on March 23, 1890. Growing up in Vienna's culturally rich and intellectually vibrant atmosphere, Merkl was drawn early to the field of law. Details about his family background, including his parents' professions, are not widely documented. Still, it is evident that his upbringing in the Austro-Hungarian capital, a hub for legal and political thought, significantly influenced his academic pursuits.

Merkl’s educational journey was rooted in Vienna, a city renowned for its academic excellence. He studied law at the University of Vienna, where Hans Kelsen, a prominent legal theorist, profoundly influenced him. Merkl’s association with Kelsen made him a key figure in the Vienna School of Legal Theory. His academic career flourished with his appointment as a university professor at the University of Vienna in 1932, a position he held until 1938 and then again from 1950. He also served at the Eberhard Karls University of Tübingen from 1943 to 1950.

Merkl’s most significant contribution to legal theory was his work on the stage structure of the legal system, playing a pivotal role in the development of the Pure Theory of Law. His concept of the “double legal face” of legal acts, which posited that within positive law, legislation and enforcement were inseparably intertwined, was revolutionary. This theory illustrated that legal judgments, while conforming to existing laws, also contribute to law creation, not merely enforcement. Merkl’s ideas greatly influenced legal positivism and the understanding of the interconnection between various norms within a legal system. He later advocated for integrating legal theory with ethical considerations, influenced by his experiences under authoritarian and totalitarian regimes. Adolf Julius Merkl passed away on August 22, 1970, in Vienna, leaving a legacy as a profound legal scholar and thinker. His honorary grave is located in the Vienna Central Cemetery.

5. Julius Glaser (1831–1885)

Julius Anton Glaser, born Joshua Glaser on March 19, 1831, in Postelberg, Bohemia, was raised in a humble Jewish family of traders. A transition from his Jewish roots marked his early life, as he later converted to Christianity. This decision might have been influenced by the cultural and social milieu of the time, as well as by his professional aspirations. Glaser’s childhood and family life, particularly his parents' occupations, are not widely documented, but his early academic achievements suggest a supportive and encouraging environment.

Glaser’s educational journey was both impressive and illustrious. At the young age of 18, he earned his doctorate in philosophy from the University of Zurich. He quickly gained recognition as a criminalist through his monograph on English and Scottish criminal procedure, published in 1850. His pursuit of legal studies did not stop there; he obtained a doctorate in law from the University of Vienna and subsequently achieved habilitation as a Privatdozent for Austrian criminal law at the same university. By 1856, he was an associate professor and, four years later, a tenured professor, highlighting his rapid rise in the academic field.

Significant achievements in law and politics marked Glaser’s career. His tenure as Minister of Justice in the Auersperg cabinet from 1871 to 1879 was a period of notable liberal reforms, particularly in penal law. His most remarkable legislative achievement was the Austrian Code of Criminal Procedure of 1873, which introduced progressive legal principles such as immediacy, publicity, and trial by jury. Glaser also served as the attorney-general at the Vienna Court of Cassation until he died in 1885. As a prominent figure in Austrian High Liberalism, he emphasized the cultural and political preeminence of the German part of the Empire. He advocated for the abolition of the death penalty. Glaser died due to pneumonia, leaving a significant legacy in Austrian jurisprudence.

6. Franz Klein (1854–1926)

Franz Klein, born on April 24, 1854, in Vienna, embarked on a path that would lead him to significant heights in the field of law and politics in Austria. His upbringing in Vienna, a city known for its rich intellectual and cultural heritage, likely shaped his academic and professional aspirations. Although specific details about his childhood and his parents’ professions are not extensively documented, Klein’s early gravitation towards legal studies suggests a supportive family environment conducive to intellectual growth.

Klein’s educational journey was deeply rooted in the law. He studied law at the University of Vienna and later became a notable academic figure. In 1891, he achieved habilitation, a significant academic qualification in civil procedure and Roman law, demonstrating his profound expertise and commitment to legal scholarship. His influential essay “Pro Futuro,” advocating for civil procedure reform, was pivotal in his career. This work underscored his innovative thinking and led to his appointment at the Ministry of Justice, where he was instrumental in drafting the Austrian code of civil procedure and other significant laws.

Klein’s contributions to the legal field were substantial and far-reaching. As a jurist, he was pivotal in reforming civil procedure in Austria, notably strengthening the investigative authority of judges and tilting the system towards a more inquisitorial model, thereby aiding the weaker party in legal disputes. His service marked his political career as Minister of Justice between 1906 and 1908 and briefly in 1916. Additionally, his role as a member of the Austrian observer delegation at the 1919 Treaty of Saint-Germain-en-Laye negotiations was significant. However, after the monarchy’s fall, Klein’s political career faced a setback as he did not secure reelection to Parliament. He passed away on April 6, 1926, leaving a legacy of legal reform and academic excellence.

7. Karl Renner (1870–1950)

Karl Renner, born on December 14, 1870, in Unter-Tannowitz, then part of the Austro-Hungarian Empire, emerged from humble beginnings to become a pivotal figure in Austrian politics and law. The 18th child of a German family of wine-growers, Renner’s exceptional intelligence earned him a place at a selective gymnasium in Nikolsburg. His educational journey led him to the University of Vienna, where he studied law from 1890 to 1896. Renner’s early engagement in political and legal matters was evident when he became one of the founding members of the Friends of Nature organization in 1895.

As a jurist, Renner’s contributions were deeply intertwined with his political career. In 1896, he joined the Social Democratic Workers’ Party of Austria and became a prominent member of the National Council. His tenure as a librarian for the Reichsrat allowed him to explore new perspectives on law under various pseudonyms. Renner’s ideas on the Austrian state and nationality question were influential in shaping the strategies of the Social Democratic Party, placing him among the leaders of Austro-Marxism.

Renner’s political acumen and legal expertise came to the fore following the collapse of the Austro-Hungarian Empire in 1918. He led the Provisional and Constitutional National Assemblies of German-speaking regions, advocating for forming a nation-state. Renner’s role as the first head of government of the Republic of German-Austria, and subsequently the Republic of Austria, was crucial during this transitional period. His leadership in the St. Germain negotiations, tenure as Chancellor, and role in implementing social reforms cemented his legacy as a key architect of modern Austria. Renner passed away on December 31, 1950, leaving behind a significant legacy in Austria's legal and political history.

8. Manfred Nowak (1950-present)

Manfred Nowak, born June 26, 1950, in Bad Aussee, Austria, has significantly contributed to human rights law. His upbringing and family background details are not widely publicized, but his academic and professional journey is notable. Nowak pursued legal studies, becoming a student of Felix Ermacora and later co-founding the Ludwig Boltzmann Institute for Human Rights with Hannes Tretter. His education paved the way for a distinguished human rights and international law career.

Professionally, Nowak’s achievements are vast and impactful. He served as the United Nations Special Rapporteur on Torture from 2004 to 2010, a role in which he made significant contributions to the global understanding and prevention of torture. His tenure included investigations into torture practices in various countries and involvement in the creation of the Yogyakarta Principles. Nowak held various academic positions at the University of Vienna and contributed to human rights education and research at several prestigious institutions worldwide.

Currently, Nowak continues his involvement in human rights initiatives. He serves as the Global Campus of Human Rights Secretary-General in Venice, Italy. He is the Scientific Director of the Vienna Master of Arts in Applied Human Rights at the University of Applied Arts in Vienna. He remains a prominent figure in the field, having led the United Nations Global Study on Children Deprived of Liberty since 2016. His numerous publications and roles in human rights organizations and advisory boards underscore his ongoing commitment to advancing human rights globally.

9. Bruno Kreisky (1911–1990)

Bruno Kreisky, born on January 22, 1911, in Margareten, a district of Vienna, emerged from a non-observant Jewish family. His father, Max Kreisky, worked as a textile manufacturer, which provided Bruno with a comfortable upbringing. Witnessing poverty and violence in Austria during the 1920s, Kreisky was drawn to politics, joining the Socialist Party of Austria (SPÖ) at 15. His academic journey led him to the University of Vienna to study law under the guidance of Otto Bauer, pivoting from his initial interest in medicine.

Kreisky’s legal education was intertwined with his growing political engagement. However, his legal career was disrupted by his active role in politics. During the authoritarian Dollfuss regime, he was arrested in 1935 for high treason but released in 1936. Fleeing the Nazi annexation of Austria in 1938, Kreisky sought refuge in Sweden, returning to Austria post-World War II. Though not directly prominent in his career, his legal background underpinned his deep understanding of political and legislative processes.

Bruno Kreisky’s major achievements were in the political arena. Serving as Foreign Minister from 1959 to 1966 and then as Chancellor from 1970 to 1983, his 13-year tenure remains the longest in republican Austria. Known for his liberal reforms, Kreisky significantly impacted Austria’s legal and social landscape, advocating for a more inclusive and progressive society. His influence extended beyond Austria, as he collaborated with leading European social democrats to shape a more socially just Western Europe. Kreisky passed away on July 29, 1990, leaving a legacy as a transformative figure in Austrian politics and social democracy.

10. Richard von Bienerth-Schmerling (1863–1918)

Richard von Bienerth-Schmerling, born on March 2, 1863, in Verona, Austrian Empire, was born into a distinguished family. His father, Karl von Bienerth, was a Lieutenant-Field Marshal, and his maternal grandfather, Anton von Schmerling, was a prominent Minister of State and President of the High Court of Cassation. This influential background likely played a significant role in shaping his future in public service and politics.

Von Bienerth began his career in the Styrian governorate in 1884, marking the start of his ascent through Austria’s civil administration ranks. Though not detailed, his education would have been comprehensive, equipping him for his roles in the education ministry and as vice-president of the Lower Austrian school inspectorate. His administrative and legal skills were further honed during his time in Vienna, preparing him for higher offices.

Richard von Bienerth’s most notable achievements include his tenure as the Minister for the Interior and his work on the electoral reform project in 1907, which introduced universal male suffrage. He later became prime minister from 1908 to 1911, a period marked by political challenges, including the loss of parliamentary majority and subsequent resignation. His final role was as governor of Lower Austria, a position he held until 1915 despite his battle with an incurable disease. Emperor Franz Joseph I recognized his service and elevated him to Count upon his resignation. Von Bienerth passed away on June 3, 1918, in Vienna.