Background
Anton Friedrich Justus Thibaut was born at Hameln, in Hanover, on the 4th of January 1774, the son of an officer in the Hanoverian army, of French Huguenot descent.
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( The Making of Modern Law: Foreign, Comparative and Inte...)
The Making of Modern Law: Foreign, Comparative and International Law, 1600-1926, brings together foreign, comparative, and international titles in a single resource. Its International Law component features works of some of the great legal theorists, including Gentili, Grotius, Selden, Zouche, Pufendorf, Bijnkershoek, Wolff, Vattel, Martens, Mackintosh, Wheaton, among others. The materials in this archive are drawn from three world-class American law libraries: the Yale Law Library, the George Washington University Law Library, and the Columbia Law Library. Now for the first time, these high-quality digital scans of original works are available via print-on-demand, making them readily accessible to libraries, students, independent scholars, and readers of all ages. +++++++++++++++ The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: +++++++++++++++ Yale Law Library LP3Y0336900 18550101 The Making of Modern Law: Foreign, Comparative, and International Law, 1600-1926 The translation including the notes and references at the foot of the body of the work are from the 9th German ed. / edited by Dr. Buchholtz--cf. Translator's pref. Philadelphia: T. & J. W. Johnson, 1855 3 p.l., iii-xviii, 10-311 p. 24 cm United States
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(Excerpt from Civilistische Abhandlungen Edit. Neapo. Non...)
Excerpt from Civilistische Abhandlungen Edit. Neapo. Non 1758 gemetmt iii: menu id) Cuiacii Opera citirte.t©bgleicb id) bic Ie@te crrectur bc6 $wd felbfi beforgte, fo merben Dod; gemifi ®md feblcr eingefcblicben (enn, mi! Id) fùr fold; ®inge nun einmal burcbau5 fcin 91uge babe 9ìifo mag bic ®ùte ber £efer ber3eiben unt berbefîern {o weit es mòglicb unb nòtbig. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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( This is a reproduction of a book published before 1923....)
This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book. ++++ The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to ensure edition identification: ++++ Juristischer Nachlass: Lehrbuch Der Geschichte Und Institutionen Des Römischen Rechtes; Volume 2 Of Juristischer Nachlass; Anton-Friedrich-Justus Thibaut Anton-Friedrich-Justus Thibaut, Carl Julius Guyet Duncker & Humblot, 1842
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Anton Friedrich Justus Thibaut was born at Hameln, in Hanover, on the 4th of January 1774, the son of an officer in the Hanoverian army, of French Huguenot descent.
After passing his school-days in Hameln and Hanover, young Thibaut entered the university of Gottingen as a student of jurisprudence, went thence to Konigsberg, where he studied under Kant, and afterwards to Kiel, where he was a fellow-student with Niebuhr. Here, after taking his degree of doctor juris, he became a Prival-dozent.
In 1798 he was appointed extraordinary professor of civil law, and in the same year appeared his Versuche über eimelne Theile der Theorie des Rechts (1798), a collection of essays on the theory of law, of which by far the most important was entitled Über den Einfiuss der Philosophic auf die Auslegung der positiven Gesetze, wherein he sought to show that history without philosophy could not interpret and explain law. In 1799 was published his Theorie der logischen Auslegung des romischen Rechts, one of his most remarkable works. In 1802 he published a short criticism of Feuerbach's theory of criminal law, which recalls in many ways the speculations of Bentham. The same year appeared Über Besitz und Verjahrung, a treatise on the law of possession and the limitation of actions. In 1802 Thibaut was called to Jena, where he spent three years and wrote, in Schiller's summer-house, his chief work, System des Pandektenrechts (1803), which ran into many editions. The fame of this book depends before all else upon the fact that it was the first modern complete compendium of the subject, distinguished alike by the accuracy of its sources and the freedom and unpedantic manner in which the subject is handled. It is, in effect, a codification of the Roman law as it then obtained in Germany, modified by Canon law and the practice of the courts into a comprehensive system of Pandect law. At the invitation of the grand-duke of Baden he went to Heidelberg to fill the chair of civil law and to assist in organizing the university, and he never quitted that town, though he received in after years, as his fame grew, invitations to Gottingen, Munich and Leipzig. His class was large, his influence great; and, except Gustav Hugo and Savigny, no civilian of his time was so well known. In 1814 appeared his Civilislische Abhandlungen, of which the principal was his famous essay, the parent of so much literature, on the necessity of a national code for Germany (vide infra). In 1819 he was appointed to the upper house of the newly constituted Baden parliament. He was also made member of the Scheidungsgericht (divorce court). In 1836 Thibaut published his Erorterungen des romischen Rechts. One of his last works was a contribution in 1838 to the Archiv für die civilislische Praxis, of which he was one of the editors. He died after a short illness, at Heidelberg, on the 29th of March 1840.
Among the masters of German prose, too, Thibaut holds no mean place. His style is simple and maniy, but rich in the happy accidents of expression which come only to true artists. Most of Thibaut's works have already been mentioned, but his essay on the necessity of a code for Germany (Über die Nothwendigkeit eines allegemeinen bilrgerlichen Rechts für Deutschland), which was inspired by the enthusiasm of the war of Liberation and written in fourteen days, deserves further notice. Thibaut himself explained in the Archiv für die civilistische Praxis, in 1838, the origin of this memorable essay. He had realized the change denoted by the march of German soldiers to Paris in 1814, and the happy future opened up for Germany. The system of small states he hoped and believed would continue; for the big state he considered crushing to the life of the individual and harmful as concentrating the "warm life" of the nation in one central point. In his judgment the only unity practicable and needful for Germany was that of law; and for this he urged all the German governments to labour. The essay was as much a condemnation of the entire state of jurisprudence as an argument for codification; it was a challenge to civilians to justify their very existence. Savigny took up the challenge thus thrown down; and a long controversy as to points not very clearly defined took place. The glory of the controversy belonged to Savigny; the real victory rested with Thibaut.
( The Making of Modern Law: Foreign, Comparative and Inte...)
(This book was originally published prior to 1923, and rep...)
(This is an EXACT reproduction of a book published before ...)
( This is a reproduction of a book published before 1923....)
(Excerpt from Civilistische Abhandlungen Edit. Neapo. Non...)
(Hard to find book)
Thibaut was a man of strong personality and manly consistent nature, was much more than a jurist: he deserves to be remembered in the history of music. Palestrina and the early composers of church music were his delight; and in 1824 appeared anonymously his work, Über die Reinheit der Tonkunst, in which ne eulogized the old music, and especially that of Palestrina. He was an ardent collector of old compositions, and often sent young men to Italy, at his own expense, to discover interesting musical manuscripts.
Quotes from others about the person
Austin, who owed much to him, describes him as one "who for penetrating acuteness, rectitude of judgment and depth of learning and eloquence of exposition, may be placed by the side of von Savigny, at the head of all living civilians. "
Thibaut married, in 1800, a daughter of Professor Ahlers of Kiel.