José Castán Tobeñas facts for kids
José Castán Tobeñas (born in 1889, died in 1969) was an important Spanish jurist and judge. A jurist is someone who studies and writes about law. A judge is someone who decides cases in a court of law.
José Castán Tobeñas is still remembered today. His name is often linked with Spanish civil law. Civil law deals with private matters like property, contracts, and families.
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Early Life and Education
José Castán Tobeñas studied law in Zaragoza, a city in Spain. He then wrote a very good doctoral thesis in Madrid, the capital. A doctoral thesis is a long research paper needed to get a high university degree.
Teaching and Early Career
After his studies, José Castán Tobeñas became a professor. He taught civil law at several universities. These included Zaragoza, Madrid, Murcia, Barcelona, and Valencia.
In 1933, he was chosen to be a judge on the Supreme Court. This is the highest court in Spain. However, he was removed from his position in 1936. This happened during the Spanish Civil War.
Return to the Supreme Court
After the Spanish Civil War ended in 1939, things changed. The new government, led by Francisco Franco, reappointed Castán Tobeñas. First, he got a teaching position in Zaragoza. Then, in 1940, he was back on the Supreme Court.
He helped reorganize the Supreme Court. From 1945 to 1967, he served as its President. This means he was the main leader of the highest court in Spain for many years.
Legal Work and Influence
Besides his work as a judge, Castán Tobeñas led many projects to improve laws. He also edited Spain's main legal magazine, called Revista general de legislación y jurisprudencia.
His most important books were Derecho civil español común y foral (published in 1922) and Derecho civil (published in 1941/42). These books became standard textbooks for law students.
His Ideas About Law
Castán Tobeñas believed in humanism and natural law. Humanism focuses on human values and dignity. Natural law suggests there are universal moral principles that should guide laws.
He did not like legal positivism very much. Legal positivism says that laws are only what governments create. Instead, Castán Tobeñas wanted judges to be fair and independent. He believed judges should make decisions that fit each person's situation. He also thought their judgments should be socially responsible. This means considering how decisions affect society.
Because of his work and personality, José Castán Tobeñas was seen as Spain's top jurist after the Civil War. Even today, his name is very important in the study of Spanish civil law.
See also
In Spanish: José Castán Tobeñas para niños
