Background
François was born on December 17, 1861 in Baccarat, Meurthe-et-Moselle, France.
François was born on December 17, 1861 in Baccarat, Meurthe-et-Moselle, France.
François Gény studied law at the University of Nancy.
Geny's two principal works, Methode d'interpretation et sources en droit prive positif (1899; "Methods of Interpretation and Sources in Private Law") and Science et technique du droit prive positif ("The Science and Techniques of Private Law"), deal with problems of legal methodology.
Geny's methodological thinking was inspired by a general proposition that gained currency throughout Europe at the end of the 19th century. According to this proposition, law had to be considered as a sociological phenomenon instead of as simply issuing from a given legislator's will. Geny proposed a theory of what he called free scientific research. A judge, when trying a case, should be bound by the text of the written law only when, and to the extent that, the text is clear. In all other cases the judge, considering the particular social and economic facts involved, should seek the most just solution for the given situation. Geny's theory has influenced the approach to the construction of codes and statutory materials throughout Europe.
French Institute, American Academy of Arts and Sciences