Joh. Gottl. Heineccius (Heineke), born 1681, ob. 1741. He was a thoroughly learned master of the Roman as of the German Law, of wide culture, and has rendered good service to the history of Roman Law. § 15. THE GERMAN PRACTICAL JURISTS. The rapid advance of Jurisprudence and deepening of legal study wrought by the French School and their successors made little impression upon Germany. The new method gained no footing, and further, men still allowed themselves to be dominated by the authority of commentators." The traditional material of Law a Cf. § 12. alone for immediate practical application, in the form of compendia, commentaries, collections of controversies and the like, was converted into a usus modernus Pandectarum (iurisprudentia forensis), in which Roman and German rules of law, ancient and modern ideas, were uncritically thrown together. Contemporaneously with this spiritless practical jurisprudence, a rationalistic Law of Nature held sway. This, with its capri- Cf. § 2. cious treatment of the subject, hindered both a correct apprehension of positive law and a grasp of legal relations. Although the dominant jurisprudence had no scientific character, its practical tendency must not hinder the recognition of such merits as it possessed (1) as a counterpoise to the method pursued by the French and Dutch Schools, to the danger of confounding jurisprudence with learning that was purely unpractical, philological, antiquarian, and (2) in its successful effort to shape the Roman Law, in spite of its mistakes and misapprehensions, into a Common Law of practical use for the present time. § 16. THE HISTORICAL SCHOOL OF LAW. The rapid advance of philological and historical studies which dates from the end of the eighteenth G b century exercised also a lively influence on Jurisprudence. After that Hugo (1764-1844) had in the most express way opposed to the spiritless practical tendency of which we have spoken his historical and systematic method, and had promoted the scientific study of Law for its own sake, the bane of its mechanical treatment, which in Germany was threatening Jurisprudence with complete stagnation, was removed by the epoch-making work of Friedrich Carl von SAVIGNY. He was born in 1779, until 1842 was a professor at Berlin, and after having been Minister of Justice from 1842 to 1848, died there in 1861. Savigny was the greatest jurist of modern times, and for long was generally recognised as the first authority in legal science. The work in question was his treatise upon 'The Law of Possession' (1803). To this we must add the foundation (1814) by him of the HISTORICAL School of jurists, who have endeavoured to comprehend the Roman Law in its purity and its own spirit. The efforts of the Historical School-in agreement with their principle that the Law of every people has sprung from its nationality, and has come into existence hisa Cf. Holland torically"-were exerted to place Roman Law on the basis of historical investigation, as well as to treat Positive Law as an organism that has grown out of the relationships of life, and is adequate to them. This still dominant method of the Historical School, the foundation of which is to be designated the THIRD epoch of the Roman Law in modern times, has raised to a height before unattained, not only the criticism and exegesis of the sources of Law and legal history, but especially also the systematic arrangement of Roman Law. pp. 50-51. As the most eminent representatives of this school, who by profound labours and by teaching have advanced the Romanistic jurisprudence, we must mention Christ. Gottl. Haubold (1766-1824), whose labours in part preceded the foundation of the His torical School. He was a jurist at the same time theoretical and practical; and as an investigator of the sources, and an historian of Law and editor, distinguished by great learning. Joh. Christ. Hasse (1779-1830). G. Friedrich Puchta (1798-1846), eminent as a legal historian, but especially as an interpreter, for an acute method and exact development of legal conceptions, as well as by a spirited and elegant style. C. F. Mühlenbruch (1785-1843). H. E. Dirksen (1790-1868), legal historian, lexicographer, and original critic of the sources. Friedrich Ludw. v. Keller (1799-1860), of note as a legal historian, especially for his original treatment of the Roman Civil Procedure; eminent also as an interpreter, and in the exegesis of the sources by sagacity and practical insight. Carl Ad. v. Vangerow (1808-1870). Ed. Böcking (1802–1870), distinguished by comprehensive philological learning, as a careful, critical editor of the sources, and as treating the Roman classical Law with originality and depth of thought. C. Georg v. Wächter (1797-1880), especially an interpreter of Law of a more practical tendency, who has done good service to the scientific depth and many-sided development of the modern Law by the comprehensive value of his penetrating and profound investigations for the shaping of practical legal life. For a comprehensive survey of the history of Roman Law in various European countries since the Renaissance, and biographical notices, see Rivier, 'Introduction historique au droit Romain,' pp. 555-637. For England see Hale, History of the Common Law,' ch. ii.; Reeves, History of the English Law;' Savigny, 'History of the Roman Law during the Middle Ages,' vol. i. ed. by Cathcart, 1829; Spence, 'Inquiry into the origin of the Laws and Political Institutions of Modern Europe,' &c., 1826, and Equitable Jurisdiction of the Court of Chancery,' vol. i. 1846; Güterbock, 'Bracton and his relation to the Roman Law,' ed. by Coxe, 1866; Clark, 'Practical Jurisprudence,' pp. 306-310; Hunter, Roman Law in the Order of a Code,' 2nd ed. 1885, pp. 107-116. For Scotland see Lord Mackenzie, Studies in Roman Law,' pp. 42, sq. Chronological résumé of principal matters noticed in §§ 7-16, from the Decemviral Legislation.1 1 Comp. the comprehensive Tables in Rivier, pp. 129-33, 277-80, 437-40, or Roby, pp. cclxxiv., sqq. A.D. 212. Papinian put to death. 228. Ulpian 284. Accession of Diocletian. circ. 300. Gregorianus Codex. 330. Imperial Government transferred to Con- circ. 350. Hermogenianus Codex. 426. Law of Citations. 438. Publication of Codex Theodosianus. 506. Lex Romana Visigothorum. 527. Accession of Justinian. 529. Publication of Codex vetus. 565. Death of Justinian. 886-910. Publication of Basilica. circ. 1100. Rise of the Law School at Bologna; [1748-1832. Bentham.] 1803. Publication of Savigny's treatise on Posses sion. 1814. Foundation of the German Historical School [1828-1832. Delivery of Austin's a See' Fortnightly Re Lectures on view,' Nos. clxxix. pp. Jurisprudence': English ANALYTICAL 475-487, clxxx. School.a pp. 682, 8qq. Ibid., Nos. 'Ancient clxxix. pp. 1861. Publication of Sir H. Maine's 487-492, clxxx. pp. 114, 8qq. |