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Savigny's Legal Thought

Posted on:2010-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:M X ZhangFull Text:PDF
GTID:2206360272499890Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Savigny is19th century German history of the pioneer school of law,the national spirit and history of legal thought Law Law have far-reaching effects on future generations.Savigny and its subsequent impact on the history of law school of the codification of the German Civil Code,the codification of civil law to explain the basic principles,concepts,reasoning,system to use for the preparation of China's Civil Code and Law as well as the theoretical study of the theory provides a rich resource.In this paper,the use of the text and the method of interpretation to the original from Savigny seek real legal thinking.At the same time,a comparative analysis of the use of the method,the history of savigny system of legal research methods,methodology revealed Law savigny use and value.Savigny construct a legal system in the main ethnic groups,the nature of national law based on common sense,because each nation's customs,language,political and social forms of organization has its own characteristics,these characteristics are specific to ethnic national consciousness.National awareness of the unique and specific to determine the nation's legal character,and this is the law of national identity.Savigny national identity that the law is the nation in the history gradually formed the study of law they are bound to be of great importance for the history and methods,this is the history of property law.For a rational interpretation of the codification under the immediate point of view, savigny code must be emphasized that stability,executable,the contents of the perfect, accurate presentation standards,and then Germany does not havetheneed for codification of the formal requirements,which he opposed codification immediately. Savigny isolation from the principle of Roman law principles,to build contemporary Germany,China and France to provide academic information system.National development and national awareness of organic harmony of the whole itself,making the study of legal history and the system should have the dual approach,Savigny through ancient Rome in the history of literature collection,visit the Roman law in Europe the development process of the Middle Ages,the history of different periods and the legal concept of rule of law,systems and system content,the development of study for contemporary national life for principles of law.
Keywords/Search Tags:Savigny, national consciousness, the history of jurisprudence
PDF Full Text Request
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