Caspar Heinrich Horn

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Caspar Heinrich Horn (5 February 1657 – 6 February 1718) was a German jurist and legal scholar.

Biography

Caspar Heinrich was born in Freiberg, the son of councilman Gottfried Horn and his wife Catharina Elisabeth (née Drezschner), he attended the city school and the Gymnasium of his hometown. He moved to the University of Leipzig in 1675, held his first disputations here, and in 1677 transferred to the University of Frankfurt (Oder), where he studied law under Samuel Stryk, among others. In 1679, he returned to his hometown, then went to Tennstädt to practice law and a year later undertook a trip to Holland, France and Switzerland. After returning home from his educational trip in 1680, he found employment that took him through Germany and France as a secretary.

He resumed his studies in Wittenberg on July 22, 1684, earned his licentiate in law on December 15, 1684, was appointed a councilor in Freiberg in 1685, and received his doctorate in law on October 8 of the same year. After serving as a city judge in Freiberg in 1686, he received an appointment as assessor at the law faculty of the University of Wittenberg on August 1, 1687, became an advocate at the Wittenberg court in 1688, and a professor at the law faculty of the Wittenberg Academy on June 14, 1690, thus assuming a seat at the Schöppenstuhl in the court.[1] After rising to the position of Assessor at the Lower Lusatian Court in 1700, he became Assessor at the Wittenberg Consistory in 1706, Councillor of Appeal in 1709, and finally, in 1713, Head of the Faculty of Law, its full professor, which he remained until the end of his life.

During his Wittenberg professorship, Horn was primarily active in the field of constitutional law, which he introduced into regular academic teaching. To this end, his lectures included the general foundations of constitutional law and he continued to elaborate on the consequences of constitutional law in the German Empire, to whose character as a unitary state he adhered despite Samuel von Pufendorf. In addition, Horn was 9 times dean of the law faculty and in the summer semesters 1691, 1699, and 1715 rector of the Leucorea and also in 1705 equally important prorector of the institution.

Genealogically it should be noted that he married Elenora Catharina, the daughter of the chief metallurgist Christian Gottfried Lincke on September 30, 1685 in Freiberg. From this marriage the children Elenora Henrica Horn (1687–1706), Rachel Catharina (1689–1712), a son (1691–1691), Bengina (1692–1692) are known.

Works

  • Capitulatione Caesarea (1703)
  • De jure Patronatus, de praerogatiua Matris & Auiae in suscipienda rutela ptae adscendentibus & collateralibus, de Beneficio Comperentiae ciuitatibus non competente (1706)
  • Juris publici Romano Germani vi ejusque prudentiae liber (1707; 1725)
  • De Desertoribus ciuitatum (1708)
  • Jus feudale (1705; 1719)
  • Tractatus de Jure Proedriae (1705)
  • De Burggrauiis Magdeburgicis (1709)
  • Responsa (1711)
  • Disp. De Mericibus illicitis, de Clerico Clericum non decimante (1713)
  • De Praestationibus Parochinorum & dotalium (1713)
  • De Ecclesiasticis Beneficiis sine dimminutione conferendis (1717)
  • De semel malo semper malo (1718)

Notes

  1. The Schöppenstuhl (Middle High German: scheffenstuol) is a historical judicial body of a court. Regionally, the terms Schöppenbank or Schöppenstube were used synonymously. While a broad understanding of the term Schöppenstuhl meant any court with lay judges, in a narrower sense it meant a higher court that pronounced itself on legal questions on a supra-regional basis and can thus be considered a model for preliminary rulings.

External links