Hugo Krabbe was a Dutch legal philosopher and writer on public law.
19 Facts About Hugo Krabbe
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Also Krabbe identified the state with the law and argued that state law and international law are parts of a single normative system, but contrary to Kelsen he conceived the identity between state and law as the outcome of an evolutionary process.
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Hugo Krabbe maintained that the binding force of the law is founded on the "legal consciousness" of mankind: a normative feeling inherent to human psychology.
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Hugo Krabbe's work is expressive of the progressive and cosmopolitan ideals of interwar internationalism, and his notion of "sovereignty of law" stirred up much controversy in the legal scholarship of the time.
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Hugo Krabbe was born on 3 February 1857 in Leiden to a Dutch Reformed minister, Christiaan Krabbe, and his wife, Maria Adriana Machteld Scholten.
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Hugo Krabbe received his education at the Stedelijk Gymnasium in Leiden and studied law and political science at the local university.
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Hugo Krabbe was appointed as a law clerk in the provincial courts first of Gelderland and then of North Holland, where he served as adjunct-commies and commies-chef respectively.
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Partly through Tak van Poortvliet's intercession, Hugo Krabbe was in 1894 appointed professor of constitutional and administrative law at the University of Groningen, where he succeeded Jacques Oppenheim, who had moved to the University of Leiden.
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Hugo Krabbe accepted the professorship with an inaugural address on 2 February 1894 on De werkkring van den staat.
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When Oppenheim was appointed to the Council of State, Hugo Krabbe joined Leiden University as his successor.
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Hugo Krabbe remained at Leiden University teaching international law and public law for the rest of his career.
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Hugo Krabbe's teaching is said to have influenced constitutionalists and politicians such as Ernst van Raalte, Frederik Johan Albert Huart, Ivo Samkalden and Johan Jozef Boasson.
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Shortly before the start of World War I, Hugo Krabbe developed a theory of law and state that was destined to stir up much controversy in the interwar period.
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Hugo Krabbe rejected that idea and placed the notion of legal consciousness of humanity at the basis of legal normativity.
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Under the influence of the psychological theories of Gerardus Heymans, who was a personal friend of his while in Groningen and had helped him to translate some of his publications into German, Hugo Krabbe developed a naturalistic jurisprudence with a psychologically and sociologically grounded concept of law.
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In 1906 Hugo Krabbe published in German his seminal book Die Lehre der Rechtssouveranitat, which has been one of the most controversial works in Dutch jurisprudence together with his following book De moderne staatsidee, published in 1915 and soon translated into German, French and English.
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Hugo Krabbe countered the theory of state sovereignty with the notion of sovereignty of law, which he saw as an evolutionary accomplishment of the modern state.
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Hugo Krabbe related the notion of sovereignty of law to the historical process towards an integrated world legal system and the emergence of what he called a "supranational law" taking precedence over national law.
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The identification of state and law, and the idea that state law and international law are integrated into a single normative system were embraced in the 1920s by the leading Austrian public lawyer and legal philosopher Hans Kelsen, who recognised the debt he owed to Hugo Krabbe and praised his work as a "masterly critique of the German theory of public law".