Hugo Krabbe
Hugo Krabbe
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Hugo Krabbe

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Hugo Krabbe

Hugo Krabbe (3 February 1857 – 4 February 1936) was a Dutch legal philosopher and writer on public law. Known for his contributions to the theory of sovereignty and the state, he is regarded as a precursor of Hans Kelsen. 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. Krabbe maintained that the binding force of the law is founded on the "legal consciousness" of mankind: a normative feeling inherent to human psychology. His 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.

Hugo Krabbe was born on 3 February 1857 in Leiden to a Dutch Reformed minister, Christiaan Krabbe, and his wife, Maria Adriana Machteld Scholten. He received his education at the Stedelijk Gymnasium in Leiden and studied law and political science at the local university.

While at the university, he already began working as a clerk in administration. On 2 July 1883, he obtained his doctorate in law with the dissertation De burgerlijke staatsdienst in Nederland ("The civil state service in the Netherlands"), under the supervision of Johannes Theodorus Buys [de; nl]. Krabbe was subsequently 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. In 1886, he married the daughter of the Romantic landscape painter Johannes Tavenraat [de; nl] (1809–1881), Adriana Petronella Anna Regina Tavenraat, with whom he had one son and one daughter, Maria Krabbe [nl] (1889–1965).

In 1888, he was attached to the Ministry of the Interior as hoofdcommies. Under the direction of the minister Tak van Poortvliet (progressive liberals) he played an important role in drafting a proposal for reform of the electoral system that, had it been approved, would have extended the right to vote to all male citizens who could read and write and who were self-supporting. The reform was seen as an attempt to introduce universal suffrage, which the 1887 constitution had expressly rejected, and was met with strong opposition. Tak van Poortvliet was forced to resign in 1894, and Krabbe's career in public administration came to an end.

Partly through Tak van Poortvliet's intercession, Krabbe was in 1894 appointed professor of constitutional and administrative law at the University of Groningen, where he succeeded Jacques Oppenheim [nl], who had moved to the University of Leiden. He accepted the professorship with an inaugural address on 2 February 1894 on De werkkring van den staat ("The scope of action of the state"). When Oppenheim was appointed to the Council of State, Krabbe joined Leiden University as his successor. On 4 March 1908 he accepted the professorship of constitutional and administrative law with an inaugural address on De idee der persoonlijkheid in de staatsleer ("The idea of personality in the theory of the state").

Krabbe remained at Leiden University teaching international law and public law for the rest of his career. Among his notable students at Leiden were Roelof Kranenburg (1880–1956), a constitutional lawyer and politician, and the economist Gijsbert Weijer Jan Bruins [nl]. His teaching is also said to have influenced constitutionalists and politicians such as Ernst van Raalte (1892–1975), Frederik Johan Albert Huart (1896–1935), Ivo Samkalden (1912–1995) and Johan Jozef Boasson (1882–1967). In 1923–1924, Krabbe served as a rector. In 1927 he retired with a farewell lecture on his flagship topic, Staat en recht ("State and law"): "the core of constitutional law, which I have taught for 33 years". Three years after resigning as professor, he published his Kritische Darstellung der Staatslehre ("Critical presentation of the theory of the state") but soon retired as chairman of the "Vereeniging voor Wijsbegeerte des Rechts" (Association for the philosophy of law), which had been set up in 1919 partly on his initiative.

Krabbe died in Leiden on 4 February 1936, aged 79.

Shortly before the start of World War I, Krabbe developed a theory of law and state that was destined to stir up much controversy in the interwar period. Some of its main ideas can be summarised as follows:

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