Thibaud And Savigny In1814, Controversy And Evaluation

An academic debate extraordinary attention in the long Western history of legal thought.In Germany in the1820s, a professor of civil law at the University of Heidelberg，AntonFriedrich Justus Thibaut,1772-1840) on the one hand, A professor of civil law at theUniversity of Berlin Friedrich Carl Von Savigny (Friedrich Karl Von Savign,1779-1861) forthe other party should be able to formulate a unified civil code throughout Germany academicdebate. This controversy has spread to a broad scope, the length of time, far-reaching effectsin the field of law is unique: this controversy gave birth to the Law Schools of the mostinfluential in the future-the German historical school of law; to postpone the birth of theGerman Civil Code in recent a century; and the German Civil Code has had a major impact.Therefore it is necessary to give full attention to this controversy, by the far-reaching impactof German civil law system of Private Law, still being worked out of the Civil Code of ChinaLaw, and learn nutrition. It is based on this conception, the paper first introduces theBackground of this controversy. Made a brief sketch of the European Council as well asacademic, intellectual dynamic, and the two protagonists of the controversy has to do asimple biographies. Next, focus on the core content of this controversy-the pedicle Fort in1814on a unified civil law of Germany ’s necessity " and Savigny in the same year onlegislation and law contemporary mission " this two content of the articles of the controversy.The two articles focus on the evaluation of the Roman law, the advantages and disadvantagesof the Codex Alimentarius, the Codex conditions and other issues were diametricallyopposed to the debate. Finally, on the basis of this controversy, the author related to thecodification of legal theory, including the codification of the nature of the problem, the dualattributes of the law, the law of the universality and particularity of tangled law of organicdevelopment and history could go beyond the issues to do further analysis.