Of the vocation of our age for legislation and jurisprudence. Tr. by A. Hayward |
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Of the Vocation of Our Age for Legislation and Jurisprudence Friedrich Karl von Savigny Zobrazení fragmentů - 1831 |
Of the Vocation of Our Age for Legislation and Jurisprudence Friedrich Karl von Savigny Zobrazení fragmentů - 1986 |
Of the Vocation of Our Age for Legislation and Jurisprudence. Tr. by A. Hayward Náhled není k dispozici. - 2020 |
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abrogation appears application arbitrary Austrian authorities BODLEIAN LIBRARY certainly Code Civil Code Napoleon common law connection conse Conseil d'Etat consequently consider contrary countries of Germany courts coutume curator droit écrit être evil example excellent existing law framed France French Gesetzbuch honourable important individual influence judge juridical literature juris jurisprudence Justinian kind knowledge language le régulateur lectures legal relations législateur legislation legum lois Maleville marriage matter means merely mode nations natural law nature naturelle neral nouvelle nullity object observed opinion original Pandects Paris particular partly peculiar peut political Portalis positive law practical pre-existing law present principal projet de code provincial laws Prussian Landrecht qu'il question reason redactors reference regard règle Rehberg respect Roman jurists Roman law rules Savigny scientific serait speaking spirit theory Thibaut thing tific tion Ulpian universities Usucapio wanting whilst whole wholly
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Strana 23 - But this organic connection of law with the being and character of the people, is also manifested in the progress of the times; and here, again, it may be compared with language. For law, as for language, there is no moment of absolute cessation; it is subject to the same movement and development as every other popular tendency; and this very development remains under the same law of inward necessity, as in its earliest stages. Law grows with the growth, and strengthens with the strength of the people,...
Strana 61 - ... true, by whom very valuable preparatory labours were executed, but more than this was seldom done. A twofold spirit is indispensable to the jurist; the historical, to seize with readiness the peculiarities of every age and every form of law; and the systematic, to view every notion and every rule in lively connection and co-operation with the whole, that is, in the only true and natural relation.
Strana 20 - ... view. That which binds them into one whole is the common conviction of the people, the kindred consciousness of an inward necessity, excluding all notion of an accidental and arbitrary origin.
Strana 25 - ... the community. Law is henceforth more artificial and complex, since it has a twofold life; first, as part of the aggregate existence of the community, which it does not cease to be; and, secondly, as a distinct branch of knowledge in the hands of the jurists. All the latter phenomena are explicable by the co-operation of those two principles of existence; and it may now be understood, how even the whole of that immense detail might arise from organic causes, without any exertion of arbitrary...
Strana 130 - ... knowledge, and, more particularly, sharpened our historical and political sense, will a sound judgment on the matter that has come down to us be possible. Until then it might be more prudent to pause before considering the existing law as loose practice, impolitic exclusiveness, and mere juridical apathy: but, most especially, to hesitate upon the application of the dissecting knife to our present system. In applying it we might strike unawares upon sound flesh, and thus charge ourselves with...
Strana 43 - Hence, with them, theory and practice are not in fact distinct ; their theory is so thoroughly worked out as to be fit for immediate application, and their practice is uniformly ennobled by scientific treatment.
Strana 20 - In the earliest times to which authentic history extends, the law will be found to have already attained a fixed character, peculiar to the people, like their language, manners, and constitutions.
Strana 26 - The sum, therefore, of this theory is, that all law is originally formed in the manner, in which, in ordinary but not quite correct language, customary law is said to have been formed: ie that it is first developed by custom and popular faith, next by jurisprudence,— everywhere, therefore, by internal silently-operating powers, not by the arbitrary will of a law-giver.
Strana 54 - The well-being of every organic being, (consequently of states,) depends on the maintenance of an equipoise between the whole and its parts — on each having its due. For a citizen, a town, a province, to forget the state to which they belong, is a very common phenomenon, and every one will regard this as an unnatural and morbid state of things. But for this very reason a lively affection for the whole can only proceed from the thorough participation in all particular relations: and he only who...
Strana 39 - In declining ages, on the other hand, almost every thing is wanting — knowledge of the matter, as well as language. There thus remains only a middle period; that which, (as regards the law, although not necessarily in any other respect,) may be accounted the summit of civilization. But such an age has no need of a code for itself: it would merely compose one for a succeeding and less fortunate age, as we lay up provisions for winter. But an age is seldom disposed to be so provident for posterity....