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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 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 (c. 449 BC), to the ''Corp ... [...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 (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''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 ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pandects
The ''Digest'', also known as the Pandects ( la, Digesta seu Pandectae, adapted from grc, πανδέκτης , "all-containing"), is a name given to 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 p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justinian
Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is 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 conquered the Ostrogothic kingdom, restoring Dalmatia, Sicily, Italy, and Rome to the empire after more than half a century of rule by the Ostrogoths. The 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 the ''Tz ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Julius Hermann Von Kirchmann
The gens Julia (''gēns Iūlia'', ) was one of the most prominent patrician families in ancient Rome. Members of the gens attained the highest dignities of the state in the earliest times of the Republic. The first of the family to obtain the consulship was Gaius Julius Iulus in 489 BC. The gens is perhaps best known, however, for Gaius Julius Caesar, the dictator and grand uncle of the emperor Augustus, through whom the name was passed to the so-called Julio-Claudian dynasty of the first century AD. The Julius became very common in imperial times, as the descendants of persons enrolled as citizens under the early emperors began to make their mark in history.''Dictionary of Greek and Roman Biography and Mythology'', vol. II, pp. 642, 643. Origin The Julii were of Alban origin, mentioned as one of the leading Alban houses, which Tullus Hostilius removed to Rome upon the destruction of Alba Longa. The Julii also existed at an early period at Bovillae, evidenced by a very a ... [...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 historical school of law. Life and career Jhering was born in Aurich, in the Kingdom of Hanover. He entered the University of Heidelberg in 1836 and also studied in Göttingen, Munich, and starting 1838 in Berlin, where he earned his PhD. Of all his teacher, Georg Friedrich Puchta was the most influential one to him. In 1844, after graduating as a ''doctor juris'', Jhering established himself in Berlin as ''Privatdozent'' for Roman law, and delivered public lectures on the ''Geist des römischen Rechts'' (Spirit of Roman law), the theme that may be said to have constituted his life's work. In 1845, he became an ordinary professor at the University of Basel, in 1846 at Rostock, in 1849 at Kiel, and in 1851 at Giesse ... [...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 and legal scholar who served as an associate justice of the Supreme Court of the United States from 1902 to 1932.Holmes was Acting Chief Justice of the United States in February 1930. He is one of the most widely cited U.S. Supreme Court justices and most influential American common law judges in history, noted for his long service, pithy opinions—particularly those on civil liberties and American constitutional democracy—and 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 8 months younger when he retired on April 12, 2010. He previously served 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 alm ... [...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 until, in 1795, he entered the University of Marburg, where, though in poor health, he studied under Professors Anton Bauer and Philipp Friedrich Weiss, 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 Th ... [...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, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. 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 '' 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; reference to any other source, inclu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Germany
The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), 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 Corpus Juris Civilis, to Napoleonic law, such as the Napoleonic Code. History German law has been subject to many influences over the centuries. Until Medieval times the Early Germanic Law, derived from t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Code
A civil code is a codification of private law relating to property, family, and 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. History The history of 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 emperor Justinian I, forms the basis of civil law legal systems. Other codified laws used since ancient times include various texts used in religious law, such as the Law of Manu in Hindu law, Islamic Sharia law, the Mishnah in Jewish Halakha law, the Canons of the Apostles in Christian Canon law. European codes and influences on other continents Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
German Legal Scholars
German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Germanic peoples (Roman times) * German language **any of the Germanic languages * 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 (other) * Germa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal History Of Germany
The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), 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 Corpus Juris Civilis, to Napoleonic law, such as the Napoleonic Code. History German law has been subject to many influences over the centuries. Until Medieval times the Early Germanic Law, derived from t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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