10 Most Influential German Lawyers and Scholars

Published in

Heritage Digest

14 min readApr 28, 2024

Germany has been home to some of history's most remarkable legal minds. This article explores ten of the most influential German lawyers whose contributions have shaped not just the legal landscape of Germany but also had a profound impact globally. Their legacies span centuries, reflecting diverse legal expertise and philosophical thought.

Carl Schmitt (1888–1985)
Fritz Bauer (1903–1968)
Rudolf von Jhering (1818–1892)
Gustav Radbruch (1878–1949)
Friedrich Carl von Savigny (1779–1861)
Otto Kirchheimer (1905–1965)
Ernst Fraenkel (1898–1975)
Konrad Adenauer (1876–1967)
Hans Kelsen (1881–1973)
Herta Däubler-Gmelin (1943-Present)

1. Carl Schmitt (1888–1985)

Carl Schmitt, born on July 11, 1888, in Plettenberg, Westphalia, in the German Empire, hailed from a modest Roman Catholic family. His father was a minor businessman, and his family’s roots were in the German Eifel region. Schmitt’s early life in Plettenberg laid the foundations for his later intellectual pursuits. He studied law at the Universities of Berlin, Munich, and Strasbourg. His academic journey was marked by distinction, culminating in his graduation and state examinations in Strasbourg in 1915. Schmitt’s doctoral thesis, “Über Schuld und Schuldarten” (On Guilt and Types of Guilt), completed in 1910, signaled the beginning of his illustrious career in legal and political theory.

During World War I, Schmitt volunteered for the army in 1916, showcasing his commitment to his nation. Following his military service, he achieved his habilitation at Strasbourg with the thesis “Der Wert des Staates und die Bedeutung des Einzelnen” (The Value of the State and the Significance of the Individual). This period saw Schmitt’s ascent as an academic, with appointments at various prestigious institutions, including the University of Greifswald, the University of Bonn, the Technical University of Munich, the University of Cologne, and the University of Berlin. His academic career was distinguished by focusing on the intricacies of state power and law.

Carl Schmitt’s personal life was as intricate as his professional one. He married Pavla Dorotić, a Croatian woman who claimed to be a countess, in 1916. The marriage ended in divorce, and a subsequent marriage to Duška Todorović was not recognized as valid under Catholic law, leading to Schmitt’s excommunication from the Catholic Church. He had a daughter, Anima, who translated several of his works into Spanish. Schmitt’s influence extended well beyond his lifetime, as evidenced by his death on April 7, 1985, and his burial in Plettenberg. His legacy in legal and political theory remains controversial yet influential, marked by his association with Nazism and his critiques of liberal democracy and parliamentary systems.

2. Fritz Bauer (1903–1968)

Born on July 16, 1903, in Stuttgart, Germany, to Jewish parents Ella Hirsch and Ludwig Bauer, Fritz Bauer grew up in a prosperous household. His father was a successful businessman who ran a textile mill, providing a comfortable upbringing for Fritz and his siblings. The Bauer family’s Jewish identity was integral to their life, yet they were well assimilated into German culture. Despite their assimilation, they maintained their Jewish heritage, celebrating Jewish holidays while abstaining from secular traditions like Christmas, common in other Jewish households in Stuttgart. Bauer attended Eberhard-Ludwigs-Gymnasium and later pursued higher education in business and law at the renowned universities of Heidelberg, Munich, and Tübingen. During his university years, Bauer faced the exclusionary practices of the völkisch movement, leading him to join the liberal Jewish fraternity FWV, aligning with his political and cultural ideals.

Fritz Bauer’s legal career began in Stuttgart, where he became an assessor judge at the local district court after receiving his PhD in law at 25. An active member of the Social Democratic Party (SPD), Bauer found his political home in Stuttgart, known for its left-wing majority and progressive atmosphere. However, being one of the few Jewish judges and the only SPD member in the Württemberg judiciary, he often felt like an outsider. Bauer was appalled by the judicial system’s bias favoring the Nazis and felt that this partiality was paving the way for the horrors to come. His experiences in Stuttgart’s judiciary, marked by conflict with right-wing elements and a commitment to democratic ideals, profoundly shaped his legal and political outlook.

Bauer’s life took a drastic turn with the rise of the Nazi regime. In 1933, he was arrested and subsequently imprisoned in concentration camps, enduring severe abuse and humiliation. This dark period in his life, including a forced public declaration of loyalty to the Nazi regime, remained a source of personal anguish. In 1936, Bauer fled to Denmark and, facing further peril due to his Jewish heritage and possible homosexuality, later sought refuge in Sweden. His exile years were marked by continued anti-Nazi activism, including collaborations with prominent figures like Willy Brandt. Bauer’s return to post-war Germany saw him play a pivotal role in the judicial system, contributing significantly to the prosecution of Nazi war criminals and advocating for legal reforms, including challenging anti-homosexual laws. Fritz Bauer’s untimely death in 1968 left a legacy of relentless pursuit of justice and commitment to human rights, marking him as a key figure in post-war German legal history.

3. Rudolf von Jhering (1818–1892)

Caspar Rudolph Ritter von Jhering, born on August 22, 1818, in Aurich, Kingdom of Hanover, grew up in an environment conducive to intellectual growth. His early education set the foundation for his illustrious career in law. Jhering entered the University of Heidelberg in 1836, continuing his studies in various prestigious German universities, including Göttingen, Munich, and Berlin. Under the mentorship of Georg Friedrich Puchta, one of his most influential teachers, Jhering honed his legal acumen, culminating in earning his Ph.D. This rigorous academic journey laid the groundwork for his groundbreaking contributions to legal theory.

After obtaining his doctorate in law, Jhering embarked on a distinguished academic and legal career. He started as a Privatdozent in Berlin, focusing on Roman law. His journey through various universities as a professor, including Basel, Rostock, Kiel, and Giessen, was marked by significant contributions to the understanding and interpreting of Roman law. His innovative approach challenged the then-dominant historical school of jurisprudence led by Savigny. Jhering’s seminal work, “Geist des römischen Rechts” (The Spirit of Roman Law), showcased his unique perspective, emphasizing the evolution of Roman law and its significance in modern legal thought. This work solidified his standing as a leading figure in Roman jurisprudence.

Jhering’s legal philosophy diverged from the historical method championed by Savigny, focusing instead on the practical application of law in advancing societal and moral progress. His 1872 book “Der Kampf ums Recht” (The Struggle for Law) was a landmark publication that popularized his ideas. It emphasized the intrinsic link between rights and personality and the duty to assert one’s rights as an expression of personal dignity. His subsequent work, “Der Zweck im Recht” (The Purpose in Law), further developed these themes. Jhering’s legacy extends beyond his academic writings; he also contributed practical legal problems, known as Praktika, to assist in applying Roman law principles. Jhering passed away on September 17, 1892, in Göttingen, leaving behind a rich legacy in legal scholarship and practice.

4. Gustav Radbruch (1878–1949)

Gustav Radbruch, born on November 21, 1878, in Lübeck, Germany, embarked on a distinguished career in law and academia, shaped by his upbringing and education. His family background and childhood experiences in a culturally rich environment set the stage for his future achievements. Radbruch pursued legal studies at prestigious universities, including Munich, Leipzig, and Berlin. His academic excellence was evident as he passed his bar exam in Berlin in 1901 and earned his doctorate soon after. This solid academic foundation led to a successful legal academic and practice career, establishing him as a significant legal scholar.

As a member of the Social Democratic Party of Germany (SPD), Radbruch’s legal career intertwined with political activism. He served in the Reichstag from 1920 to 1924, contributing to key legislative reforms. Notably, during his tenure as Minister of Justice in Joseph Wirth's and Gustav Stresemann's cabinets, he implemented significant laws, including those enhancing women’s access to justice. His time in office was marked by progressive changes, such as the Law for the Protection of the Republic, which aimed to secure the constitutional republican government against politically motivated violence.

Radbruch’s contributions to legal philosophy and education were profound. His return to academia in 1926 at Heidelberg, marked by his influential lecture “Der Mensch im Recht,” reflected his deep engagement with legal theory. However, the Nazi regime’s rise led to his dismissal and an enforced hiatus from teaching. Despite these challenges, he continued his scholarly work, resulting in significant publications like “Der Geist des englischen Rechts.” Post-World War II, Radbruch resumed teaching and profoundly influenced legal philosophy, particularly through his “Radbruch formula,” which reconciled legal positivism and natural law and has been integral in shaping post-war German jurisprudence. Radbruch’s death in Heidelberg in 1949 marked the end of a career that significantly impacted legal thought and practice in Germany.

5. Friedrich Carl von Savigny (1779–1861)

Friedrich Carl von Savigny, born on February 21, 1779, in Frankfurt am Main, was a prominent German jurist and historian. Orphaned at 13, he was raised under a guardian’s care. His early life was marked by a strong intellectual environment, leading him to study law at the University of Marburg in 1795. Despite health challenges, he excelled academically under the guidance of Professors Anton Bauer and Philipp Friedrich Weiss. Bauer, a reformer of German criminal law, and Weiss, an expert in medieval jurisprudence, greatly influenced Savigny’s legal thought. His educational journey continued through various universities, including Jena, Leipzig, and Halle, culminating in a doctorate from Marburg in 1800.

Savigny’s career in law began with a professorship in Roman law and lectures on the spirit of Roman law, marking his dedication to understanding law’s historical and cultural contexts. In 1803, his publication “Das Recht des Besitzes” (The Law of Possession) gained European recognition for its innovative approach to Roman law studies. Savigny’s marriage in 1804 to Kunigunde Brentano and his extensive travels in France and South Germany further enriched his legal scholarship. His professorial appointments at Landshut and then Berlin University underlined his rising stature in the legal field. At Berlin, he created a specialized tribunal and immersed himself in lecturing, university governance, and tutoring the crown prince in law.

Savigny’s opposition to the codification of German law, as argued in his 1814 pamphlet “Vom Beruf unserer Zeit für Gesetzgebung und Rechtswissenschaft” (Of the Vocation of our Age for Legislation and Legal Science), marked a significant contribution to legal philosophy. He championed the idea that law should evolve organically, reflecting a nation’s spirit (Volksgeist) rather than being imposed through codification. His founding of the “Zeitschrift für geschichtliche Rechtswissenschaft” (Journal for Historical Legal Science) in 1815 with Eichhorn and Johann Friedrich Ludwig Göschen signaled the rise of the historical school of law. His works, particularly the “Geschichte des römischen Rechts im Mittelalter” (History of Roman Law in the Middle Ages) and his discovery of Gaius’ Institutes, further cemented his legacy in legal history. Savigny’s death on October 25, 1861, in Berlin ended a career that had significantly shaped modern jurisprudence and legal scholarship.

6. Otto Kirchheimer (1905–1965)

Otto Kirchheimer, born on November 11, 1905, in Heilbronn, Germany, was a distinguished jurist and political scientist of Jewish ancestry. Raised in an intellectually stimulating environment, he pursued his education in law and sociology at universities in Munich, Cologne, Berlin, and Bonn. His academic prowess led him to complete a doctorate in law, magna cum laude, from the University of Bonn in 1928, under the mentorship of Carl Schmitt. Kirchheimer’s thesis, “Zur Staatslehre des Sozialismus und Bolschewismus” (On the State Theory of Socialism and Bolshevism), began his impactful scholarly journey.

Kirchheimer emerged as a significant figure during the Weimar Republic, analyzing the interplay between social structures and constitutional law. His socialist leanings and membership in the Social Democratic Party of Germany influenced his work, including the widely discussed essay “Weimar und was dann?” which critiqued the Weimar Constitution. From 1930 to 1933, he worked as an editor for the social democratic journal “Die Gesellschaft” and practiced law in Berlin. His affiliation with Carl Schmitt, a prominent legal theorist, and his essay “Legalität und Legitimität” further established his reputation in legal and political circles.

Kirchheimer’s life took a dramatic turn with the Nazi rise to power in 1933. Being of Jewish descent, he emigrated to Paris in 1934 and later to the United States in 1937, where he continued his academic pursuits. His work during this period, including collaboration with Georg Rusche on “Punishment and Social Structure,” reflected his ongoing interest in the relationship between law, society, and power. In the U.S., Kirchheimer contributed significantly to political and legal scholarship until his death on November 22, 1965, in Washington, D.C. His legacy as a critical thinker in law and political science remains influential, particularly in understanding the dynamics of state power and constitution.

7. Ernst Fraenkel (1898–1975)

Ernst Fraenkel, born on December 26, 1898, in Cologne, Germany, into a Jewish family, was a distinguished lawyer and political scientist. His early life was marked by service in the German Army during World War I from 1916 to 1918. He pursued higher education in law, culminating in a dissertation on “The void labour contract” under Hugo Sinzheimer. Fraenkel’s academic journey was intertwined with his involvement in socialist politics, reflecting his deep commitment to social justice and legal reform.

During the tumultuous era of the Weimar Republic, Fraenkel emerged as a prominent labor law attorney, collaborating with Franz Leopold Neumann. His legal career was distinguished by his defense of Jews persecuted by the Nazi regime and his socialist leanings. Remarkably, Fraenkel was connected to resistance groups, such as the Internationaler Sozialistischer Kampfbund, and was even considered for the position of Attorney General in a potential social-democratic German government. The Nazi rise to power forced him to emigrate first to the United Kingdom in 1938 and then to the United States in 1939.

In the United States, Fraenkel’s academic pursuits flourished at the University of Chicago Law School, where he graduated in 1941. He authored “The Dual State,” a critical analysis of the Nazi political system, distinguishing between the “normative state” and the “prerogative state.” This seminal work cemented his reputation as a keen observer of political systems. Post-World War II, Fraenkel served as an advisor to the American government and the United Nations, contributing to international law and policy. He returned to Germany in 1951, where he lectured at the Deutsche Hochschule für Politik in Berlin and became a professor at the Freie Universität Berlin. Here, he founded the John F. Kennedy Institute for North American Studies, furthering his impact on legal and political education. Ernst Fraenkel passed away on March 28, 1975, in Berlin, leaving a legacy as a normative thinker and critic of political systems, particularly in pluralism and democracy.

8. Konrad Adenauer (1876–1967)

Konrad Adenauer, born on January 5, 1876, in Cologne, Germany, was the third of five children in a Roman Catholic family. His father, Johann Konrad Adenauer, and mother, Helene (née Scharfenberg), raised him in an environment marked by the Kulturkampf, a conflict between the Prussian state and the Catholic Church. This early experience profoundly influenced Adenauer’s views, instilling a lifelong dislike for Prussianism and a deep commitment to Catholic and Rhineland values.

Adenauer pursued law and politics at universities in Freiburg, Munich, and Bonn despite chronic respiratory problems that exempted him from military service. His university years were shaped by active participation in Roman Catholic students’ associations, reflecting his deep-rooted faith. After graduating in 1900, he practiced as a lawyer in Cologne, beginning a career that would later pivot towards politics. His legal background and firm religious and moral convictions laid the groundwork for his future political endeavors.

Adenauer’s major achievements are rooted in his lengthy tenure as the first Chancellor of the Federal Republic of Germany, where he played a pivotal role in rebuilding the nation post-World War II. Under his leadership, West Germany experienced significant economic recovery, integration into the Western alliance, and steps towards European unity. His policies and actions helped establish Germany as a stable democracy with a strong economy, leading to lasting reconciliation with France and significant contributions to the founding of the European Union. Adenauer passed away on April 19, 1967, leaving a legacy as a statesman who profoundly influenced Germany’s post-war trajectory and the broader course of European integration and cooperation.

9. Hans Kelsen (1881–1973)

Hans Kelsen, a renowned Austrian jurist, legal philosopher, and political philosopher, was born in Prague on October 11, 1881, into a middle-class, German-speaking Jewish family. His father, Adolf Kelsen, was from Galicia, and his mother, Auguste Löwy, was from Bohemia. The family relocated to Vienna when Hans was three. Kelsen’s upbringing in a culturally rich and intellectually stimulating environment set the stage for his future academic achievements. He completed his secondary education at the Akademisches Gymnasium in Vienna and studied law at the University of Vienna, earning his doctorate in 1906.

Significant contributions to legal theory and the development of modern law marked Kelsen’s career. He authored the 1920 Austrian Constitution, which remains in operation with amendments. His work was characterized by a deep commitment to democracy and the rule of law, earning him recognition as a leading jurist of his time. Kelsen’s influence extended beyond legal theory, impacting political philosophy and social theory. His “Pure Theory of Law” was particularly notable for defending democracy and the clear separation of law from moral or political ideologies.

Forced to leave Europe due to the rise of totalitarianism and his Jewish heritage, Kelsen moved to the United States in 1940. While at the University of California, Berkeley, he made significant contributions, including substantially reworking his “Pure Theory of Law,” published in 1960. Kelsen’s work on judicial review, the hierarchical theory of law, and the science of law profoundly impacted legal studies worldwide. He died on April 19, 1973, leaving a legacy as a pivotal figure in 20th-century legal philosophy and theory.

10. Herta Däubler-Gmelin (1943-Present)

Herta Däubler-Gmelin, a distinguished German lawyer and politician, was born in Bratislava, Slovakia, on August 12, 1943. She is the daughter of Hans Gmelin, who was the mayor of Tübingen from 1954 to 1974. Growing up in a politically active family, she pursued a robust education in history, economy, law, and political science in Tübingen and Berlin. Since 1974, she has been an accomplished lawyer, practicing first in Stuttgart and later in Berlin. Her academic prowess led her to lecture in law at the Freie Universität Berlin, where she became an honorary professor in 1995.

Däubler-Gmelin’s political career began with joining the Social Democratic Party (SPD) in 1965. She was elected to the Bundestag in 1972 and represented Tübingen from 1998 to 2002. She held significant roles within the SPD, including deputy party chairman from 1988 to 1997. Her legal expertise was influential in her role as chairwoman of the working group on legal affairs and as a legal adviser to the SPD parliamentary group. Though ultimately not realized, her nomination for the vice-presidency of the Federal Constitutional Court in 1993 underscores her legal prominence.

As Federal Minister of Justice from 1998 to 2002, Däubler-Gmelin oversaw critical reforms in German law, including the modernization of the German Civil Code, the introduction of same-sex civil unions, and the revision of citizenship laws. She also played a role in international matters, notably appealing for clemency for the LaGrand brothers and addressing corporate governance after the Enron scandal. Post-politics, she continues her legal career and contributes to academia as an honorary professor while engaging in various legal and human rights initiatives.