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{{Short description|19th-century German legal scholars}}
'''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).
{{No footnotes|date=April 2010}}
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 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).
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).
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 ==
== References ==
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==External links==
==External links==
* [http://www.llmc.com/civil_law_3.htm Civil Law Codification in the German-Speaking States of Northern and Central Europe]
* [https://web.archive.org/web/20070411093226/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]
* [https://web.archive.org/web/20070813083013/http://www.historycooperative.org/journals/lhr/17.3/schweber.html The "Science" of Legal Science]


{{Authority control}}
==See also==
*[[Corpus Juris Civilis]]
*[[Law of Germany]]
*[[Civil code]]
*[[Roman law]]


[[Category:German law]]
[[Category:German legal scholars| p]]
[[Category:Roman law]]
[[Category:Roman law]]
[[Category:German legal history]]
[[Category:Legal history of Germany]]
[[Category:Philosophy of law]]


{{Germany-law-stub}}


{{Germany-law-stub}}
[[de:Pandektenwissenschaft]]
[[es:Pandectística]]
[[it:Pandettistica]]
[[lt:Pandektistika]]

Latest revision as of 06:25, 14 December 2021

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

[edit]

References

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  • 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
[edit]