Font Size: a A A

Savigny A Critical Biography

Posted on:2006-08-31Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y R FengFull Text:PDF
GTID:1116360152485209Subject:Legal history
Abstract/Summary:PDF Full Text Request
Savigny was one of the most famous jurisconsult in 19th century. As the initiator of the historical school of jurisprudence, he raised a way of demonstrating historic school against classic natural law's "inane discursion"; by this way, he settled and established one set of original law system while he did research on a great deal of classic Roman law's information, moreover, he found out factors of law science and did outstanding devotions for neoteric law's development. With his historical school, he not only influenced enormously on almost the entire boundaries of the Germany law, but also exerted a profound influence on the law science's development of other countries. During Savigny's academic career lasted sixty years, the scopes which he has involved are very broad, his ideas presented a variety of styles with time varied. To summarize Savigny's law ideas, the main stem is law science and not as historic law and ethos, furthermore, to conclude horizontally, his thinking and ideas varied with his further know to law science; to deduce vertically, all parts of Savigny's law all concentrate law science. According to Savigny's works, following time's sequence, this dissertation introduces Savigny's law ideas' growing marks , his contribution to the law and his influence. Indeed, we can grasp his law ideas' varied procedure and better understand his law science's views only when we can understand Savigny's all periods of works totally. This dissertation is divided into six chapters. The first chapter is about the times background which Savigny's law ideas' were raised. Between the end of 18th century and the beginning of 19th century, it was an unpeaceful historic period in Europe. Rational natural law began to fall into ruin because of the rise of nationalism and the application of the demonstrating science's way. Savigny's historical school came into being. The second chapter is about Savigny's early works, including his first work 《The Law of Possessions》and his early teaching materials 《method of jurisprudence》. In his teaching materials, Savigny began to combine historic research's way and philosophic way, and as a way to look for law science, he introduced historical conception into law science. His coexistent work 《The Law of Possessions》was an attempt to discuss idiographic law system by this sort of historic way. The third chapter is about Savigny's medium-term works, including his the most famous keyed work 《Of the vocation of Our Age for Legislation and Jurisprudence》,《The History of the Roman Law during the Middle Ages 》and 《journal of historical school》's establishment. In《 Of the vocation of Our Age for Legislation and Jurisprudence》,Savigny arose the important function about ethos in the shaping of law. According to people spirit, it is possible that law system is "organic". As the beginning point of Savigny's law science, the spirit of people became the powerful argumentation against codification of that time. The fourth chapter is about Savigny's terminal works, including 《Systemof Modern Roman Law》(8 books), which express Savigny's law science. Simplex law criterions became an integrated organic system. This set of new system is law science's idiographic appearance. The fifth chapter is about Savigny's political practice. In these activities, Savigny knew the law and the relation between the law and the politics from not only law theory's view but also law political view. In the procedure, Savigny had to find the balance point between the theory and the practice,  and did the jurisconsult's  job as a politician. The sixth chapter is about Savigny's contribution and influence. As the initiator of historic law and the founder of neoteric private law science, it couldn't be ignored that Savigny had great influence on law theory, education and practice.
Keywords/Search Tags:Savigny, Jurisprudence, historical school, codification
PDF Full Text Request
Related items