Pandectists

Pandectists

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 1800s, 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).

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
* "The Hidden Holmes: His Theory of Torts in History" David Rosenberg, Harvard, 1996

External links

* [http://www.llmc.com/civil_law_3.htm Civil Law Codification in the German-Speaking States of Northern and Central Europe]
* [http://www.historycooperative.org/journals/lhr/17.3/schweber.html The "Science" of Legal Science]

ee also

*Corpus Juris Civilis
*Law of Germany
*Civil code
*Roman law


Wikimedia Foundation. 2010.

Игры ⚽ Поможем решить контрольную работу

Look at other dictionaries:

  • Law of Germany — The modern German legal system is a system of law which is grounded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws as for example most regulations of the civil code (… …   Wikipedia

  • law, philosophy of — Introduction       the formulation of concepts and theories to aid in understanding the nature of law, the sources of its authority, and its role in society. In English speaking countries the term “jurisprudence” is often used synonymously and is …   Universalium

  • Pandects — ▪ Roman law digest Greek“All Encompassing”Latin  Pandectae,  also called  Digest        collection of passages from the writings of Roman jurists, arranged in 50 books and subdivided into titles according to the subject matter. In AD 530 the… …   Universalium

  • property law — Introduction       principles, policies, and rules by which disputes over property are to be resolved and by which property transactions may be structured. What distinguishes property law from other kinds of law is that property law deals with… …   Universalium

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”