Pandectists
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ThePandectistswere German university legal scholars in the early 19th century who studied and taughtRoman lawas a model of what they calledKonstruktionsjurisprudenz(conceptual jurisprudence) as codified in thePandectsofJustinian(Berman).
Beginning in the mid-19th century, the Pandectists were attacked in arguments by noted juristsJulius Hermann von KirchmannandRudolf 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 ofFriedrich Carl von Savignyand the Pandectists (Rosenberg).
See also
[edit]References
[edit]- Law and Revolution: The Formation of the Western Legal TraditionHarold J. Berman, Harvard, 1983
- On Charisma and Institution BuildingMax Weber, U. Chicago, 1968
- The Hidden Holmes: His Theory of Torts in HistoryDavid Rosenberg, Harvard, 1996
External links
[edit]- Civil Law Codification in the German-Speaking States of Northern and Central Europe
- The "Science" of Legal Science