HIST-1107EL Study Guide - Quiz Guide: Bourgeoisie, Bürgerliches Gesetzbuch, Legal Positivism
15 Dec 2020
School
Department
Course
Professor
Document Summary
The historical school, pandect science and codification in. It grows and changes over time: connects with the historical vision of romanticism. German legal experience: german law needs to be discovered in germanic law. Influenced by romanticism and nationalism (more than the romanists: focus: history of germanic law and medieval customary law, eichhorn and grimm. Paragraph 419: pandect science: savigny wrote a treatise on the historical development of roman law since the time of. Humanism: does not escape the influence of legal positivism, rejects testing against higher normative standards outside the law (like exegetics) Paragraph 420: burgerliches gesetzbuch: pandect science was unable to prevent codification, unified germany of 1870 political base for unification of the law, pandectists: choice of staying on the sidelines or co-operating, 1900: bg introduced. Interessenjurisprudenz legal rule had to be selected with a view to the social interests that it did or did not defend: sociology of law came into being.
