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Pandectists
The Pandectists were German university legal scholars in the early 19th century who studied and taught Roman law as a model of what they called ''Konstruktionsjurisprudenz'' (conceptual jurisprudence) as codified in the Pandects of Justinian (Berman). Beginning in the mid-19th century, the Pandectists were attacked in arguments by noted jurists Julius Hermann von Kirchmann and Rudolf von Jhering, who favored a modern approach of law as a practical means to an end (Weber). In the United States, Oliver Wendell Holmes Jr. and other legal realists pushed for laws based on what judges and the courts actually did, rather than the historical and conceptual or academic law of Friedrich Carl von Savigny and the Pandectists (Rosenberg). See also *Corpus Juris Civilis *Law of Germany *Civil code *Roman law References * ''Law and Revolution: The Formation of the Western Legal Tradition'' Harold J. Berman, Harvard, 1983 * ''On Charisma and Institution Building'' Max Weber, U. Chicago, 1968 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Germany
The law of Germany (), that being the modern German legal system (), is a system of civil law (legal system), civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code (''Bürgerliches Gesetzbuch'', or BGB) were developed prior to the 1949 constitution. It is composed of public law (''öffentliches Recht''), which regulates the relations between a citizen/person and the state (including criminal law) or two bodies of the state, and the private law, (''Privatrecht'') which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Justinian Code the Corpus Juris Civilis, and to a lesser extent the Napoleonic Code. History German law has been subject to many influences over the centuries. Until Medieval times the Early Germanic Law, derived from the Salic Law of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal History Of Germany
The law of Germany (), that being the modern German legal system (), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code (''Bürgerliches Gesetzbuch'', or BGB) were developed prior to the 1949 constitution. It is composed of public law (''öffentliches Recht''), which regulates the relations between a citizen/person and the state (including criminal law) or two bodies of the state, and the private law, (''Privatrecht'') which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Justinian Code the Corpus Juris Civilis, and to a lesser extent the Napoleonic Code. History German law has been subject to many influences over the centuries. Until Medieval times the Early Germanic Law, derived from the Salic Law of the Salian Franks and other ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for Civil law (legal system), legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary. Eastern Europe was also influenced by the jurisprudence of the , especially in countries such as medieval Romania, which created a new legal system comprising a mixture of Roman and local law. After the dissolution of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pandects
The ''Digest'' (), also known as the Pandects (; , , "All-Containing"), was a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine emperor Justinian I in 530–533 AD. It is divided into 50 books. The ''Digest'' was part of a reduction and codification of all Roman laws up to that time, which later came to be known as the (). The other two parts were a collection of statutes, the (Code), which survives in a second edition, and an introductory textbook, the Institutes; all three parts were given force of law. The set was intended to be complete, but Justinian passed further legislation, which was later collected separately as the (New Laws or, conventionally, the "Novels"). History The original ''Codex Justinianus'' was promulgated in April of 529 by the C. "Summa". This made it the only source of imperial law, and repealed all earlier codifications. However, it permitted reference to ancient jurists whose writings had been regarded as a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justinian
Justinian I (, ; 48214 November 565), also known as Justinian the Great, was Roman emperor from 527 to 565. His reign was marked by the ambitious but only partly realized ''renovatio imperii'', or "restoration of the Empire". This ambition was expressed by the partial recovery of the territories of the defunct Western Roman Empire. His general, Belisarius, swiftly conquered the Vandal Kingdom in North Africa. Subsequently, Belisarius, Narses, and other generals Gothic War (535–554), conquered the Ostrogothic Kingdom, restoring Dalmatia, Sicily, Italian peninsula, Italy, and Rome to the empire after more than half a century of rule by the Ostrogoths. The Liberius (praetorian prefect), praetorian prefect Liberius reclaimed the south of the Iberian Peninsula, establishing the province of Spania. These campaigns re-established Roman control over the western Mediterranean, increasing the Empire's annual revenue by over a million ''solidi''. During his reign, Justinian also subdued ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Julius Hermann Von Kirchmann
Julius may refer to: People * Julius (name), a masculine given name and surname (includes a list of people with the name) * Julius (nomen), the name of a Roman family (includes a list of Ancient Romans with the name) ** Julius Caesar (100–44 BC), Roman military and political leader and one of the most influential men of classical antiquity * Julius (judge royal) (fl. before 1135), noble in the Kingdom of Hungary * Julius, Count of Lippe-Biesterfeld (1812–1884), German noble * Julius, Duke of Brunswick-Lüneburg (1528–1589), German noble Arts and entertainment * Julius (''Everybody Hates Chris''), a character from the American sitcom * "Julius" (song), by Phish, 1994 Other uses * Julius (chimpanzee), a chimpanzee at Kristiansand Zoo and Amusement Park in Norway * Julius (month), the month of the ancient Roman calendar originally called ''Quintilis'' and renamed for Julius Caesar * Julius (restaurant), a tavern in Greenwich Village, New York City * Julius (software) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rudolf Von Jhering
Caspar Rudolph Ritter von Jhering (; also Ihering; 22 August 1818 – 17 September 1892) was a German jurist. He is best known for his 1872 book ''Der Kampf ums Recht'' (''The Struggle for Law''), as a legal scholar, and as the founder of a modern sociological and German Historical School, historical school of law. His ideas were important to the subsequent development of the "jurisprudence of interests" in Germany. Life and career Jhering was born on 22 August 1818 in Aurich, the Kingdom of Hanover. He entered the University of Heidelberg in 1836 and also studied in University of Göttingen, Göttingen, University of Munich, Munich, and starting 1838 in Humboldt University of Berlin, Berlin, where he earned his PhD. Of all his teachers, Georg Friedrich Puchta was the most influential one to him. In 1844, after graduating as a ''Juris Doctor, doctor juris'', Jhering established himself in Berlin as ''Privatdozent'' for Roman law, and delivered public lectures on the ''Geist de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oliver Wendell Holmes Jr
Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist who served as an associate justice of the U.S. Supreme Court from 1902 to 1932.Holmes was Acting Chief Justice of the United States in February 1930. Holmes is one of the most widely cited and influential Supreme Court justices in American history, noted for his long tenure on the Court and for his pithy opinionsparticularly those on civil liberties and American constitutional democracyand deference to the decisions of elected legislatures. Holmes retired from the Court at the age of 90, an unbeaten record for oldest justice on the Supreme Court.John Paul Stevens was only eight months younger when he retired on April 12, 2010. He previously served the Union as a brevet colonel in the American Civil War (in which he was wounded three times), as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his alma mater, Harvard Law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Friedrich Carl Von Savigny
Friedrich Carl von Savigny (21 February 1779 – 25 October 1861) was a German jurist and historian. Early life and education Savigny was born at Frankfurt am Main, of a family recorded in the history of Lorraine, deriving its name from the castle of Savigny near Charmes in the valley of the Moselle. Left as orphan at the age of 13, Savigny was brought up by a guardian. In 1795, he entered the University of Marburg, where, though in poor health, he studied under Professors and , the former a pioneer in the reform of the German criminal law, the latter distinguished for his knowledge of medieval jurisprudence. After the fashion of German students, Savigny visited several universities, notably Jena, Leipzig and Halle; and returning to Marburg, took his doctorate in 1800. At Marburg he lectured as ''Privatdozent'' on criminal law and the Pandects. Work In 1803 Savigny published ''Das Recht des Besitzes'' (The Law of Possession). Anton Thibaut hailed it as a masterpiece which bro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corpus Juris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, enacted from 529 to 534 by order of Byzantine Emperor Justinian I. It is also sometimes referred to metonymically after one of its parts, the Code of Justinian. The work as planned had three parts: the ''Code'' (''Codex'') is a compilation, by selection and extraction, of imperial enactments to date; the ''Corpus Juris Civilis#Digesta, Digest'' or ''Pandects'' (the Latin title contains both ''Digesta'' and ''Pandectae'') is an encyclopedia composed of mostly brief extracts from the writings of Roman jurists; and the ''Institutes'' (''Institutiones'') is a student textbook, mainly introducing the ''Code'', although it has important conceptual elements that are less developed in the ''Code'' or the ''Digest''. All three parts, even the textbook, were given force of law. They were intended to be, together, the sole source of law; referen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Code
A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code (law), commercial code. History The history of Codification (law), codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine Empire, Byzantine emperor Justinian I, forms the basis of Civil law (legal system), civil law legal systems that would rule over Continental Europe. Other codified laws used since ancient times include various texts used in religious law, such as the Manu Smriti, Law of Manu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
German Legal Scholars
German(s) may refer to: * Germany, the country of the Germans and German things **Germania (Roman era) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizenship in Germany, see also German nationality law **Germanic peoples (Roman era) * German diaspora * German language * German cuisine, traditional foods of Germany People * German (given name) * German (surname) * Germán, a Spanish name Places * German (parish), Isle of Man * German, Albania, or Gërmej * German, Bulgaria * German, Iran * German, North Macedonia * German, New York, U.S. * Agios Germanos, Greece Other uses * German (mythology), a South Slavic mythological being * Germans (band), a Canadian rock band * "German" (song), a 2019 song by No Money Enterprise * ''The German'', a 2008 short film * "The Germans", an episode of ''Fawlty Towers'' * ''The German'', a nickname for Congolese rebel André Kisase Ngandu See also * Germanic (disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
