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19th and 20th centuries

Friedrich Carl von Savigny

1779–1861 · Germany · Jurist and professor

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Read this first. These are short summaries of large lives and bodies of work, chosen to give a first map of legal thought, not a ranking. Dates are the standard ones, with 'c.' or 'active' where they are uncertain. We paraphrase and never quote, and each summary simplifies. Read the original works before you cite anyone. This is general information, not legal advice.

1800 BCAD 2000

Life and ideas

Friedrich Carl von Savigny was a German jurist, professor in Marburg, Landshut and then Berlin, and later a Prussian minister. In 1814, when some wanted a single civil code for Germany after Napoleon's defeat, he replied in a pamphlet, On the Vocation of Our Age for Legislation and Jurisprudence, that law, like language, grows slowly from the life of a people and that German law was not yet ready for codification. The task of the jurist is to study the sources, above all Roman law, and to turn them into a system. In the volumes of his System of Modern Roman Law he did that for private law, and his work on the conflict of laws influenced private international law everywhere. The Historical School he founded dominated German legal thought for most of the nineteenth century.

The big idea

Law is a growth of the people's consciousness, like language. A premature code would freeze it, so the task of scholars is to study its history, especially Roman law, and to systematise it.

Main work

On the Vocation of Our Age for Legislation and Jurisprudence (1814); System of Modern Roman Law

Legacy

Founded the Historical School and shaped German private law and comparative method.

The school of thought

  • The Historical School: Law grows out of a people's history and spirit, and cannot be invented from above.
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