August von Bulmerincq

Last updated • 5 min readFrom Wikipedia, The Free Encyclopedia
August von Bulmerincq Ruperto Carola 500-05 August von Bulmerincq.jpg
August von Bulmerincq

August Michael von Bulmerincq (12 August [ O.S. 31 July] 1822 – 18 August 1890) was a Baltic German scholar of international law, considered one of the most important German-speaking legal scholars of his generation. He was born in Riga, in what was at the time the Governorate of Livonia of the Russian Empire. His family was wealthy and influential. From 1841, he studied law at the University of Tartu, and eventually settled in Tartu and pursued a long academic career. Upon his retirement in 1874, he moved to Wiesbaden in present-day Germany and was given the char of international law at Heidelberg University, which he maintained until his death. He was one of the founding members of the Institut de Droit International .

Contents

His academic work focused on the theoretical underpinnings of international law. He insisted on the separation between law and politics, following in the liberal tradition of Friedrich Carl von Savigny. In his legal positivist view, an expanding legal order and a legalisation of international relations was an important part of a broader, teleological civilisational progression which mankind was engaged in, and which would lead away from a more capricious political order to a predictable, law-based order.

Politically he was a conservative, whose views of contemporary political issues were closely linked to his identity as a Lutheran and a Baltic German.

Biography

August von Bulmerincq came from a wealthy Baltic German family. The family traced its origins to Scotland which had settled in Lübeck in the 17th century. In 1677 the family had moved from there to Riga, where August von Bulmerincq was born. [1] [2] At the time of his birth, Riga was part of the Russian Empire, and the administrative centre of the Governorate of Livonia. His father was a successful merchant and an alderman at the Great Guild in Riga. [3] Many of his ancestors had served in the administration of the Russian Empire as civil servants, officers, scholars, doctors and architects. [2]

August von Bulmerincq moved to Tartu (at the time known mainly by its German name Dorpat) and began studying law in 1841. At the time, the language of instruction at the University of Tartu was German. He became a candidate of law in 1847 and then briefly attended Heidelberg University, before returning to his native land in 1848 on account of the Revolutions of 1848. He began practicing law in Riga, and at the same time continued his legal studies. In 1849 he attained his master's degree. He remained in Riga until 1853, when he moved permanently to Tartu to pursue his academic career. He attained the degree of Privatdozent in 1854. Two years later he produced his doctoral thesis, and from then on worked mainly in the field of international law. The subject had been only tentatively studied and taught in Tartu before. [1] From 1858 he was ordinary professor in public law, international law and politics. He stayed in Tartu until his retirement in 1874. [1] The year before his retirement, he was invited to participate at the founding of the Institut de Droit International in Ghent, but could not attend since the invitation did not reach him in time. He was later however counted among the founding members, and would become one of its most active members. [4] During his time as professor, a number of works focused on the theory and history of international law were produced under his supervision; among his students were statistician and economist Witold Załęski  [ pl ]. [5]

The main building of the University of Tartu, where August von Bulmerincq spent most of his academic career. Tartu asv2022-04 img21 University main building.jpg
The main building of the University of Tartu, where August von Bulmerincq spent most of his academic career.

Besides his academic career, Bulmerincq was also active in philanthropic societies and in public life. In 1863 he founded a journal dedicated to economy and agriculture, and he was also the organiser of the first agricultural congress in the present-day Baltic states. [6]

After his retirement, Bulmerincq moved to Wiesbaden in present-day Germany. [7] Following the death of Johann Kaspar Bluntschli, Bulmerincq was given the char of international law at Heidelberg University, which he maintained until his death. [7] He died in Stuttgart on 18 August 1890. [8]

Contributions to international law

August von Bulmerincq belonged to an influential, early generation of scholars of international law, and contributed to forming the modern specialisation and understanding of the discipline. His main interest was in the theoretical foundations of international law. [9] He is considered one of the most important German-speaking legal scholars of his generation. [2] Bulmerincq worked in the tradition of Friedrich Carl von Savigny and had a broadly liberal view of international law, contrasting with views of scholars such as Karl von Gareis who adhered to a worldview grounded in Realpolitik thought. [10] Bulmerincq was a legal positivist and argued that on the international arena, it was important to separate law from politics. [11] While acknowledging that both politics and law are used by states to further their interests (in Bulmerincq's view, politics tend to favour short-term interests, while a legal order favours long-term interests), the main distinction between politics and law for Bulmerincq lay, according to legal historian Lauri Mälksoo  [ et ], in the "absence or presence of the choice of will. While politics could choose the means that seemed appropriate in particular circumstances, in law there was only one rule that had to be applied correctly." [12] Furthermore, in his view an expanding legal order and a legalisation of international relations was an important part of a broader, teleological civilisational progression which mankind was engaged in, and which would lead away from a more capricious political order to a predictable, law-based order. [13]

Political views

Map of Livonia from the 16th century. Bulmerincq expressed regret that Livonia lost its unity following the Livonian War. LIVONIAE NOVA DESCRIPTIO 1573-1578.jpg
Map of Livonia from the 16th century. Bulmerincq expressed regret that Livonia lost its unity following the Livonian War.

In contrast to his overarching liberal legal outlook, Bulmerincq was a political conservative, whose views of contemporary political issues were closely linked to his identity as a Lutheran and a Baltic German. [14] He was opposed to contemporary attempts at Russification in the Baltic provinces of the Russian Empire, but did not engage himself in this conflict very actively. [15] Bulmerincq considered Baltic Germans to be culturally superior to Estonians and Latvians, though he admitted that wider inclusion of non-Germans was a necessity, and had an essentially colonial attitude to these peoples. [16] Similarly, in his legal work he distinguished between countries he considered "civilised" and subjected to certain legal norms, and countries and peoples which he did not consider part of this "family of nations". [17] He viewed the German settlement and Germanisation of the Baltic lands during the Middle Ages as positive, and expressed nostalgia and disappointment for the lost unity of Old Livonia. [18] He was in favour of the Unification of Germany, and he opposed socialism; these views coincided with those of Otto von Bismarck, and Bulmerincq publicly announced them in connection with his move to Germany in 1874. [19]

Related Research Articles

<span class="mw-page-title-main">History of Latvia</span>

The history of Latvia began around 9000 BC with the end of the last glacial period in northern Europe. Ancient Baltic peoples arrived in the area during the second millennium BC, and four distinct tribal realms in Latvia's territory were identifiable towards the end of the first millennium AD. Latvia's principal river Daugava, was at the head of an important trade route from the Baltic region through Russia into southern Europe and the Middle East that was used by the Vikings and later Nordic and German traders.

<span class="mw-page-title-main">Livonia</span> Historical region on the eastern shores of the Baltic Sea

Livonia or in earlier records Livland, is a historical region on the eastern shores of the Baltic Sea. It is named after the Livonians, who lived on the shores of present-day Latvia.

<span class="mw-page-title-main">Baltic Germans</span> Ethnic Germans of Latvia and Estonia

Baltic Germans are ethnic German inhabitants of the eastern shores of the Baltic Sea, in what today are Estonia and Latvia. Since their resettlement in 1945 after the end of World War II, Baltic Germans have markedly declined as a geographically determined ethnic group in the region.

<span class="mw-page-title-main">University of Tartu</span> Public university in Tartu, Estonia

The University of Tartu is a public research university located in the city of Tartu, Estonia. It is the national university of Estonia. It is also the largest and oldest university in the country. The university was founded under the name of Academia Gustaviana in 1632 by Baron Johan Skytte, the Governor-General of Swedish Livonia, Ingria, and Karelia, with the required ratification provided by King Gustavus Adolphus, shortly before the king's death on 6 November in the Battle of Lützen (1632).

<span class="mw-page-title-main">United Baltic Duchy</span> 1918 client state of the German Empire

The United Baltic Duchy, or alternatively the Grand Duchy of Livonia, was the name of a short-lived state during World War I that was proclaimed by leaders of the local Baltic German nobility.

The Institute of International Law is an organization devoted to the study and development of international law, whose membership comprises the world's leading public international lawyers. It was awarded the Nobel Peace Prize in 1904.

<span class="mw-page-title-main">Baltic governorates</span> Administrative units of the Russian Empire in the Baltic region (1721-1918)

The Baltic governorates, originally the Ostsee governorates, was a collective name for the administrative units of the Russian Empire set up in the territories of Swedish Estonia, Swedish Livonia (1721) and, afterwards, of the Duchy of Courland and Semigallia (1795).

<span class="mw-page-title-main">Friedrich Martens</span> Legal scholar, Imperial Russian diplomat (1845–1909)

Friedrich Fromhold Martens, or Friedrich Fromhold von Martens, was a diplomat and jurist in service of the Russian Empire who made important contributions to the science of international law. He represented Russia at the Hague Peace Conferences and helped to settle the first cases of international arbitration, notably the dispute between France and the United Kingdom over Newfoundland. As a scholar, he is probably best remembered today for having edited 15 volumes of Russian international treaties (1874–1909).

<span class="mw-page-title-main">Livonian War</span> 16th-century war in Eastern Europe

The Livonian War (1558–1583) was fought for control of Old Livonia. The Tsardom of Russia faced a varying coalition of the Dano-Norwegian Realm, the Kingdom of Sweden, and the Union of the Grand Duchy of Lithuania and the Kingdom of Poland.

<span class="mw-page-title-main">Governorate of Livonia</span> 1796–1918 unit of Russia

The Governorate of Livonia, also known as the Livonia Governorate, was a province (guberniya) and one of the Baltic governorates of the Russian Empire, Baltic Governorate-General until 1876. Governorate of Livonia bordered Governorate of Estonia to the north, Saint Petersburg and Pskov Governorates to the east, Courland Governorate to the south, and the Gulf of Riga to the west. In 1897, the population of the governorate was 1,299,365, and it had an area of 47,030.87 square kilometres (18,158.72 sq mi). The administrative centre of the governorate was the Baltic Sea port of Riga. It roughly corresponded to most of the modern Vidzeme Region of Latvia and southern Estonia.

<span class="mw-page-title-main">Vyachko</span> Prince of Koknese (d. 1224)

Vyachko, also known as Vetseke, was the prince of Koknese (Kuikenos). He later became the prince of Yuryev while in the service of Novgorod, which was the last Russian stronghold in Estonia. He died during the defense of the city against the Livonian Brothers of the Sword in 1224.

<span class="mw-page-title-main">Turaida Castle</span> Building

Turaida Castle is a recently reconstructed medieval castle in Turaida, in the Vidzeme region of Latvia, on the opposite bank of the Gauja River from Sigulda.

<span class="mw-page-title-main">Livonian Crusade</span> 12th–13th century Baltic Christianisation campaign

The Livonian crusade consists of the various military Christianisation campaigns in medieval Livonia – modern Latvia and Estonia – during the Papal-sanctioned Northern Crusades in the 12th–13th century. The Livonian crusade was conducted mostly by the Holy Roman Empire and the Kingdom of Denmark. It ended with the creation of Terra Mariana and the Danish duchy of Estonia. The lands on the eastern shores of the Baltic Sea were one of the last parts of Europe to be Christianised. The available information is largely based on Livonian Chronicle of Henry.

<span class="mw-page-title-main">State continuity of the Baltic states</span> Legal continuity of Estonia, Latvia, and Lithuania

The three Baltic countries, or the Baltic states – Estonia, Latvia, and Lithuania – are held to have continued as independent states under international law while under Soviet occupation from 1940 to 1991, as well as during the German occupation in 1941–1944/1945. The prevailing opinion accepts the Baltic thesis that the Soviet occupation was illegal, and all actions of the Soviet Union related to the occupation are regarded as contrary to international law in general and to the bilateral treaties between the USSR and the three Baltic countries in particular.

<span class="mw-page-title-main">German occupation of Estonia during World War I</span> Part of the war

Estonia was under military occupation by the German Empire during the later stages of the First World War. On 11–21 October 1917, the Imperial German Army occupied the West Estonian archipelago, including the larger islands of Saaremaa (Ösel), Hiiumaa (Dagö), and Muhu (Moon).

<span class="mw-page-title-main">Tiesenhausen</span> Baltic German noble family

The House of Tiesenhausen is the name of an old Baltic-German noble family. The origins of the family are in Lower Saxony. During the Baltic crusades they settled in Livonia in the first half of the 12th century. Bishops Albert of Riga and Herman of Tartu had a sister whose husband Engelbertus de Tisenhuse was the progenitor of the family in the Baltic. After some time in southern Livonia in the early stages of occupation, Engelbertus joined his brother-in-law bishop Herman to obtain the northern Livonian country of Ugaunia around Otepää and Tartu. It was Ugaunia where the family held its main early properties and positions. Engelbertus' son married a daughter of the castellan of Koknese in Latgale and through this marriage, the family claims descent from indigenous princes of the Latgalians. Some branches of Tisenhusen clan settled later to the Latvian Vidzeme holdings of Ergli and Berzaune. From the ancestral place of Ugaunia, sons of the family managed to obtain estates in other parts of Estonia, also so-called Danish Estonia and Osilia-Rotalia, both by services and by marriages.

<span class="mw-page-title-main">Koknese Castle</span> Castle ruins in Latvia

Koknese Castle is a complex in Koknese, Latvia, dating from the 13th century. The castle was situated on a high bluff overlooking the Daugava river valley. In 1965 a hydroelectric dam was built downriver, creating a reservoir that partially submerged the castle and flooded the surrounding valley.

<span class="mw-page-title-main">Capitulation of Estonia and Livonia</span> 1710 integration of the Swedish dominions of Estonia and Latvia into the Russian Empire

With the Capitulation of Estonia and Livonia in 1710 the Swedish dominions Estonia and Livonia were integrated into the Russian Empire following their conquest during the Great Northern War. The Livonian nobility and the city of Riga capitulated on 4 July (O.S.) / 15 July 1710 (N.S.), Pernau (Pärnu) in August, and the Estonian nobility and the city of Reval (Tallinn) on 29 September (O.S.) / 10 October (N.S.). Russia left the local institutions in place and confirmed the traditional privileges of the German nobles and burghers as was established in Privilegium Sigismundi Augusti, especially with respect to the Protestant faith. The land reform of the so-called reduction which had been introduced by the Swedish king Charles XI, and transformed many serfs to subjects of the Crown, was reversed.

<span class="mw-page-title-main">Treaty of Vilnius (1561)</span> 1561 transfer of territory from the Livonian Confederation to the Grand Duchy of Lithuania

The Treaty of Vilnius or Vilna was concluded on 28 November 1561, during the Livonian War, between the Livonian Confederation and the Grand Duchy of Lithuania in Vilnius. With the treaty, the non-Danish and non-Swedish part of Livonia, with the exception of the Free imperial city of Riga, subjected itself to the Grand Duke of Lithuania, Sigismund II Augustus with the Pacta subiectionis (Provisio ducalis). In turn, Sigismund granted protection from the Tsardom of Russia and confirmed the Livonian estates' traditional privileges, laid out in the Privilegium Sigismundi Augusti.

<span class="mw-page-title-main">Terra Mariana</span> Vassal state of the Holy See

Terra Mariana was the formal name for Medieval Livonia or Old Livonia. It was formed in the aftermath of the Livonian Crusade, and its territories were composed of present-day Estonia and Latvia. It was established on 2 February 1207, as a principality of the Holy Roman Empire, and lost this status in 1215 when Pope Innocent III proclaimed it as directly subject to the Holy See.

References

  1. 1 2 3 Mälksoo 2005, pp. 186–187.
  2. 1 2 3 Erochin 2019, p. 272.
  3. ↑ Mälksoo 2005, p. 186.
  4. ↑ Mälksoo 2005, pp. 186–190.
  5. ↑ Mälksoo 2005, p. 188.
  6. ↑ Mälksoo 2005, pp. 186–188.
  7. 1 2 Mälksoo 2005, p. 189.
  8. ↑ Mälksoo 2005, p. 185.
  9. ↑ Mälksoo 2005, p. 207.
  10. ↑ Simon 2018, p. 128.
  11. ↑ Mälksoo 2005, pp. 190–191.
  12. ↑ Mälksoo 2005, p. 192.
  13. ↑ Mälksoo 2005, pp. 192–193.
  14. ↑ Mälksoo 2005, pp. 192–202.
  15. ↑ Mälksoo 2005, p. 202.
  16. ↑ Mälksoo 2005, p. 201.
  17. ↑ Kleinschmidt 2016, p. 302.
  18. ↑ Mälksoo 2005, p. 200.
  19. ↑ Mälksoo 2005, pp. 202–206.

Sources cited

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.