Thibaut and Savigny - this line up has been adopted in the historical books as one oft he most re- marquable and pathbreaking academical disputes in the history of Germany’s jurisprudence. These two highly respected and famous jurists fought about the necessity of a general civil law for the German Empire. Thibaut published his ideas on this matter of dispute in his pamphlet „On the necessity of a General Civil Law in Germany“ in 1814 on which Savigny responded in the very same year putting his outstanding argumentation against the need of a general civil law in his pamphlet „On the Vocation of our Age for Legislation and Jurisprudence". Such being the case will make it also necessary to review the proceedings in the deepness of the 19th century to be aware of the importance of the controversy for the legal development in Germany. Regarding the fact that a general civil code in Germany wasn’t published until 1900 Savigny might be seen as the winner of the dispute since he achieved to delay the unification for more than 80 years alt- hough the number of supporters on Thibaut’s opinion was noticeably larger. A more particular investigation on this shall follow later.
The controversy was also the initial point for theories and doctrines that manifestly influenced the jurisprudence in the 19th century and in this way also the legislation of the private law codificati- on in Germany. On this occasion the following term paper will also enlighten the complex ideas of both sides under consideration of the relevant indicents in jurisprudence, history and the political situation of Germany in the 19th century. The author will then give a comprehensive overview
of the progresses in the subsequent time of the controversy and resume the given information in a
final judgement on the final realization of the German Civil Code.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- The historical context
- The French Revolution and the Code Civil
- The rise of the Prussian state and the Allgemeines Landrecht
- The German legal landscape in the early 19th century
- The Thibaut-Savigny Controversy
- Thibaut's proposal for a unified civil code
- Savigny's critique of codification and his vision of historical jurisprudence
- The main arguments of the debate
- The development of the BGB
- The influence of the historical school of law
- The process of drafting and enacting the BGB
- The key features of the BGB
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This work explores the process of legal unification in 19th century Germany, specifically analyzing the impact of the influential “Thibaut-Savigny controversy.” The work aims to provide a detailed account of the historical context leading to the legal reforms, examining the key arguments presented by Thibaut and Savigny, and ultimately analyzing the role of this debate in shaping the development of the Bürgerliches Gesetzbuch (BGB). Key themes covered include:- The historical evolution of German law in the 19th century
- The impact of the French Code Civil on German legal thinking
- The philosophical and methodological foundations of historical jurisprudence
- The debate surrounding the codification of German law
- The process of drafting and enacting the BGB
Zusammenfassung der Kapitel (Chapter Summaries)
The first chapter provides an overview of the historical context leading to the formation of legal unification in 19th-century Germany. It examines the influence of the French Revolution and the Code Civil, as well as the rise of the Prussian state and the development of the Allgemeines Landrecht. The chapter also outlines the fragmented and diverse legal landscape of Germany in the early 19th century.
Chapter two delves into the heart of the Thibaut-Savigny controversy. It analyzes Thibaut’s proposal for a unified civil code and Savigny’s critique of codification, exploring their contrasting visions of legal development. This chapter also examines the main arguments presented by both sides of the debate, focusing on the philosophical and methodological foundations of their positions.
Chapter three explores the development of the BGB, focusing on the influence of the historical school of law on the drafting and enactment of this landmark legal code. The chapter examines the key features of the BGB and its impact on the German legal system.
Schlüsselwörter (Keywords)
The primary keywords and focus topics of this work are: legal unification, Germany, 19th century, Thibaut-Savigny controversy, historical jurisprudence, codification, Bürgerliches Gesetzbuch (BGB), Code Civil, Allgemeines Landrecht, German legal system.- Citar trabajo
- Gökhan Kosak (Autor), 2013, The formation of legal unification in Germany in the 19th century, Múnich, GRIN Verlag, https://www.grin.com/document/269990
