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German Historical School
:''This is an article about a school of thought in the area of law. For economics, see historical school of economics.'' The German Historical School of Jurisprudence is a 19th-century intellectual movement in the study of German law. With Romanticism as its background, it conceived of law as the organic expression of a national consciousness (''Volksgeist''). It stood in opposition to an earlier movement called ''Vernunftrecht'' (Rational Law). Overview The Historical School is based on the writings and teachings of Gustav von Hugo and especially Friedrich Carl von Savigny. Natural lawyers held that law could be discovered only by rational deduction from the nature of man. The basic premise of the German Historical School is that law is not to be regarded as an arbitrary grouping of regulations laid down by some authority. Rather, those regulations are to be seen as the expression of the convictions of the people, in the same manner as language, customs and practices are express ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Historical School Of Economics
The historical school of economics was an approach to academic economics and to public administration that emerged in the 19th century in Germany, and held sway there until well into the 20th century. The professors involved compiled massive economic histories of Germany and Europe. Numerous Americans were their students. The school was opposed by theoretical economists. Prominent leaders included Gustav von Schmoller (1838–1917), and Max Weber (1864–1920) in Germany, and Joseph Schumpeter (1883–1950) in Austria and the United States. Tenets The historical school held that history was the key source of knowledge about human actions and economic matters, since economics was culture-specific, and hence not generalizable over space and time. The school rejected the universal validity of economic theorems. They saw economics as resulting from careful empirical and historical analysis instead of from logic and mathematics. The school also preferred reality, historical, politi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Georg Friedrich Puchta
Georg Friedrich Puchta (31 August 17988 January 1846) was an important German Legal scholar. Biography Born on 31 August 1798 at Kadolzburg in Bavaria, Puchta came of an old Bohemian Protestant family which had immigrated into Germany to avoid religious persecution. His father, Wolfgang Heinrich Puchta (1769–1845), a legal writer and district judge, imbued his son with legal conceptions and principles. From 1811 to 1816 Puchta attended the ''Egidiengymnasium'' at Nuremberg, during the headmastership of Georg Wilhelm Friedrich Hegel, an eminent German philosopher. In 1816 Puchta began his legal studies at the University of Erlangen, where—in addition to being initiated by his father into legal practice—he fell under the influence of the writings of Savigny and Niebuhr. At this time the famous Christian Friedrich von Glück lectured there. Puchta said about the faculty of Erlangen: "". (Translation "Every university certainly is plagued with a thorn in the flesh, but the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy Of Law
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analyti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Historism
Historism (Italian: ''storicismo'') is a philosophical and historiographical theory, founded in 19th-century Germany (as ''Historismus'') and especially influential in 19th- and 20th-century Europe. In those times there was not a single natural, humanistic or philosophical science that would not reflect, in one way or another, the historical type of thought (cf. comparative historical linguistics etc.). It pronounces the historicity of humanity and its binding to tradition. Historist historiography rejects historical teleology and bases its explanations of historical phenomena on sympathy and understanding (see Hermeneutics) for the events, acting persons, and historical periods. The historist approach takes to its extreme limits the common observation that human institutions (language, Art, religion, law, State) are subject to perpetual change.Raymond Boudon and François Bourricaud''A Critical Dictionary of Sociology'' Routledge, 1989: "Historicism", p. 198. ''Historism'' is not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immanuel Kant
Immanuel Kant (, , ; 22 April 1724 – 12 February 1804) was a German philosopher and one of the central Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works in epistemology, metaphysics, ethics, and aesthetics have made him one of the most influential figures in modern Western philosophy. In his doctrine of transcendental idealism, Kant argued that space and time are mere "forms of intuition" which structure all experience, and therefore that, while " things-in-themselves" exist and contribute to experience, they are nonetheless distinct from the objects of experience. From this it follows that the objects of experience are mere "appearances", and that the nature of things as they are in themselves is unknowable to us. In an attempt to counter the skepticism he found in the writings of philosopher David Hume, he wrote the '' Critique of Pure Reason'' (1781/1787), one of his most well-known works. In it, he developed his theory of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gustav Hugo
Gustav Hugo (23 November 1764 – 15 September 1844) was a German jurist. Biography Hugo was born at Lörrach in Baden. From the gymnasium at Karlsruhe he passed in 1782 to the University of Göttingen, where he studied law for three years. Having received the appointment of tutor to the prince of Anhalt-Dessau, he took his doctor's degree at the University of Halle in 1788. Recalled in the same year to Göttingen as extraordinary professor of law, he became a full professor in 1792. In the preface to his ''Beiträge zur civilistischen Bucherkenntniss der letzten vierzig Jahre'' (1828–1829) he gives a sketch of the condition of the civil law teaching at Göttingen at that time. The Roman and German elements of the existing law were, without criticism or differentiation, welded into an ostensible whole for practical needs, with the result that it was difficult to say whether historical truth or practical ends were most prejudiced. As it was passed from person to person, new er ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Karl Marx
Karl Heinrich Marx (; 5 May 1818 – 14 March 1883) was a German philosopher, economist, historian, sociologist, political theorist, journalist, critic of political economy, and socialist revolutionary. His best-known titles are the 1848 pamphlet ''The Communist Manifesto'' and the four-volume (1867–1883). Marx's political and philosophical thought had enormous influence on subsequent intellectual, economic, and political history. His name has been used as an adjective, a noun, and a school of social theory. Born in Trier, Germany, Marx studied law and philosophy at the universities of Bonn and Berlin. He married German theatre critic and political activist Jenny von Westphalen in 1843. Due to his political publications, Marx became stateless and lived in exile with his wife and children in London for decades, where he continued to develop his thought in collaboration with German philosopher Friedrich Engels and publish his writings, researching in the British Mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bernhard Windscheid
Bernhard Windscheid (26 June 1817 – 26 October 1892) was a German jurist and a member of the pandectistic school of law thought. He became famous with his essay on the concept of a legal action, which sparkled a debate with that is said to have initiated the studies of the processal law as we know it today. Windscheid's thesis established the modern German law concept of ''Anspruch'' (roughly, a legally enforceable claim), distinguishing it from the Roman law concept of ''actio''. His principal work was his ''Lehrbuch des Pandektenrechts'', and this was the main source of inspiration for the German Civil Code – the BGB. Between 1873 and 1883, Windscheid was part of the commission in charge of the drafting of the German Civil Code. Additionally, Windscheid worked as a teacher at several universities in Germany and Switzerland, including Basel, Greifswald, München, Heidelberg, and Leipzig. Family Bernhard Windscheid married the artist Auguste Eleanore Charlotte "Lott ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Otto Von Gierke
Otto Friedrich von Gierke, born Otto Friedrich Gierke (11 January 1841 – 10 October 1921) was a German legal scholar and historian. He is considered today as one of the most influential and important legal scholars of the 19th and 20th century. In his four-volume magnum opus entitled ''Das deutsche Genossenschaftsrecht'' (''German Law of Associations''), he pioneered the study of social groups and the importance of associations in German life, which stood between the divide of private and public law. During his career at Berlin University's law department, Gierke was a leading critic of the first draft of a new Civil Code for Imperial Germany. Gierke argued that it had been molded in an individualistic frame that was inconsistent with German social traditions. Gierke became known as a vocal Germanist within the German Historical School of Jurisprudence. The draft was revised to remove Roman law influences and the German Civil Code came into effect in 1900. Career In 1841 Otto ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Volksgeist
''Geist'' () is a German noun with a significant degree of importance in German philosophy. Its semantic field corresponds to English ghost, spirit, mind, intellect. Some English translators resort to using "spirit/mind" or "spirit (mind)" to help convey the meaning of the term. ''Geist'' is also a central concept in Georg Wilhelm Friedrich Hegel's 1807 ''The Phenomenology of Spirit'' (''Phänomenologie des Geistes''). Notable compounds, all associated with Hegel's view of world history of the late 18th century, include ''Weltgeist'' "world-spirit", ''Volksgeist'' "national spirit" and ''Zeitgeist'' "spirit of the age". Etymology and translation German ''Geist'' (masculine gender: ''der Geist'') continues Old High German ''geist'', attested as the translation of Latin ''spiritus''. It is the direct cognate of English ''ghost'', from a West Germanic ''gaistaz''. Its derivation from a PIE root ''g̑heis-'' "to be agitated, frightened" suggests that the Germanic word originall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Georg Beseler
Carl Georg Christoph Beseler (2 November 1809 in Rödemis, now part of Husum – 28 August 1888 in Bad Harzburg) was a Prussian jurist and politician. Beseler studied law at Kiel and Munich. He was forbidden to teach law in Kiel in 1833 due to his political activity, but he lectured at Göttingen, and Heidelberg. In 1835, he became a professor in Basel, 1837 in Rostock, 1842 in Greifswald and 1859 in Berlin. He was rector of the University of Berlin in 1862–1863, 1867–1868 and 1879–1880. A liberal nationalist, Beseler was a member of the Frankfurt Parliament where he participated in writing the failed 1849 German constitution. From 1849 to 1852 and from 1857 to 1887 he was a member of the Prussian House of Lords, 1850 of the Erfurt Union Parliament and 1874 to 1877 of the Reichstag. As a notable "Germanist" opponent of the "Romanists", led by Friedrich Carl von Savigny, Beseler advocated a "people's law" based on Germanic principles as opposed to the Romanists' "jurists' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jakob Grimm
Jacob Ludwig Karl Grimm (4 January 1785 – 20 September 1863), also known as Ludwig Karl, was a German author, linguist, philologist, jurist, and folklorist. He is known as the discoverer of Grimm's law of linguistics, the co-author of the monumental '' Deutsches Wörterbuch'', the author of ''Deutsche Mythologie'', and the editor of ''Grimms' Fairy Tales''. He was the older brother of Wilhelm Grimm; together, they were the literary duo known as the Brothers Grimm. Life and books Jacob Grimm was born 4 January 1785, in Hanau in Hesse-Kassel. His father, Philipp Grimm, was a lawyer who died while Jacob was a child, and his mother Dorothea was left with a very small income. Her sister was lady of the chamber to the Landgravine of Hesse, and she helped to support and educate the family. Jacob was sent to the public school at Kassel in 1798 with his younger brother Wilhelm. In 1802, he went to the University of Marburg where he studied law, a profession for which he had been ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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