Background
Savigny was born on February 21, 1779 in Frankfurt am Main, Germany.
(This historic book may have numerous typos and missing te...)
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867. Excerpt: ... sufficient for the Romans, since by reason of the excessive number of the class of slaves the need of free domestic servants was almost wholly imperceptible. It is otherwise with us who have no slaves; whence that relation has become of very important and extended necessity. Now we are not satisfied with the narrow treatment of it like any other contract for labour and thus in the Prussian land-recht, the law of hired service has been perfectly correctly received not under contracts but into the law of persons// SECTION LVI. POTENTIALITY'S-LAW. Two object-matters, things and acts (transactions) have been stated above (S. 53.) for the law of potentialities. Upon them are based its two main divisions Things'-law and Obligations'-law. The first has for its matter possession or the mastery over things in point of fact. As law it appears simply and completely in the shape of Property or the unlimited and exclusive mastery of a person over a thing. In order however to make clear to us the nature of property we must set out by the following general examination. Every man has a calling to the mastery over unfree nature; he must however equally recognize the same calling in every other man and from this mutual recognition, in the contact of individuals in space, arises the necessity of the equalization which appears first of all as a something indefinite and can only be satisfied by a more determinate limitation. This satisfaction now, by the help of the communion in the state, is obtained (/) A. L. R II. 5. through positive law. When we here ascribe to the state a common jurisdiction over the unfree nature within its boundaries, individuals appear as sharers in this common power and our task consists in finding a definite rule according to which the distribution ...
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Savigny was born on February 21, 1779 in Frankfurt am Main, Germany.
In 1795 Savigny entered the University of Marburg, and after the fashion of German students, visited several universities, notably Jena, Leipzig and Halle; and returning to Marburg, took his doctor's degree in 1800. At Marburg he lectured as Privatdozent on criminal law and the Pandects.
Savigny's historical works on Roman law, especially the monumental Geschichte des römischenromischen Rechts im Mittelalter (1815-1831; "History of Roman Law During the Middle Ages"), and his dogmatic writings on modern Roman law, in particular Das Recht des Besitzes (1803; "The Law of Possession) and System des heutigen römischenromischen Rechts (1840-1849; "System of Modern Roman Law"), created a new type of legal history and a new kind of doctrinal thinking and exposition.
During the 19th century Savigny's work profoundly and variously influenced Western European, and to a lesser extent English and American, legal thinking. Savigny announced the tenets of the historical school of jurisprudence in the famous Vom Beruf unserer Zeit fürfur Gesetzgebung und Rechtswissenschaft (1814; "On the Vocation of Our Age for Legislation and Jurisprudence") and in an introductory article to the Zeitschrift fürfur geschichtliche Rechtswissenschaft (1815-1850; "Journal of Historical Jurisprudence").
The historical school's philosophical position, which emphasizes law as an expression of a Volksgeist, that is, spirit of a people, represents, in part, a reaction against the juristic thinking - which considered laws a product of rational speculation - dominant in early 19th-century Germany.
To the historical school law is a far more complex phenomenon than merely the rules that are a lawgiver's conscious creation.
The Geschichte, however, does not connect legal thinking with the broader areas of political and cultural history.
Within Germany, the most influential of Savigny's writings was the System des heutigen römischenromischen Rechts, a comprehensive, systematic presentation of the so-called modern Roman law.
In his System, Savigny formulated a series of general theories and dogmatic conceptions, some of which have influenced all subsequent German doctrinal thinking.
The jurisprudence of conceptions or method of exegesis that came to dominate German legal thinking around the turn of the century was rooted in these ideas.
This method of exegesis considered all law the creation of the legislator's conscious will.
Savigny emphasized that rules and principles in this branch of law must be suitable from the viewpoint of a community of free and equal nations. Savigny is a complex and contradictory intellectual figure.
His emphasis on the Volksgeist should logically have led him to study the native German legal tradition.
Instead, he became one of the greatest Romanists.
The reception of Roman law in Germany, culminating in Emperor Maximilian I's decree of 1495, is most difficult to explain under the historical school's tenets.
(Unlike some other reproductions of classic texts (1) We h...)
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Savigny was born into a family recorded in the history of Lorraine, deriving its name from the castle of Savigny near Charmes in the valley of the Moselle. By the time Savigny reached the age of 13, he had lost all his brothers and sisters and his parents.