Pandectists: Difference between revisions
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{{Short description|19th-century German legal scholars}} |
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{{No footnotes|date=April 2010}} |
{{No footnotes|date=April 2010}} |
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'''Pandectists''' were German university legal scholars in the early 19th century who studied and taught [[Roman law]] as a model of what they called |
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). |
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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). |
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). |
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In the United States, [[Oliver Wendell Holmes |
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). |
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==See also== |
==See also== |
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*[[Civil code]] |
*[[Civil code]] |
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*[[Roman law]] |
*[[Roman law]] |
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*[[Institutional System]] |
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== References == |
== References == |
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* [https://web.archive.org/web/20070813083013/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] |
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[[Category:Roman law]] |
[[Category:Roman law]] |
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[[Category:Legal history of Germany]] |
[[Category:Legal history of Germany]] |
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[[Category:Philosophy of law]] |
[[Category:Philosophy of law]] |
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{{Germany-law-stub}} |
{{Germany-law-stub}} |
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Latest revision as of 06:25, 14 December 2021
 | This article includes a list of references, related reading, or external links, but its sources remain unclear because it lacks inline citations. (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-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
[edit]- 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
[edit]- Civil Law Codification in the German-Speaking States of Northern and Central Europe
- The "Science" of Legal Science
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