Pandectists
Encyclopedia
Pandectists were German university legal scholars in the early 19th century who studied and taught Roman law
as a model of what they called Konstruktionsjurisprudenz (conceptual jurisprudence) as codified in the Pandects
of Justinian (Berman).
Beginning in the mid-19th century, the Pandectists were attacked in arguments by noted jurists Julius Hermann von Kirchmann and Rudolf von Jhering
who favored a modern approach of law as a practical means to an end (Weber).
In the United States, Oliver Wendell Holmes, Jr.
and other legal realists pushed for laws based on what judges and the courts actually did, rather than the historical and conceptual or academic law of Friedrich Carl von Savigny
and the Pandectists (Rosenberg).
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
as a model of what they called Konstruktionsjurisprudenz (conceptual jurisprudence) as codified in the Pandects
Pandects
The Digest, also known as the Pandects , is a name given to a compendium or digest of Roman law compiled by order of the emperor Justinian I in the 6th century .The Digest was one part of the Corpus Juris Civilis, the body of civil law issued under Justinian I...
of Justinian (Berman).
Beginning in the mid-19th century, the Pandectists were attacked in arguments by noted jurists Julius Hermann von Kirchmann and Rudolf von Jhering
Rudolf von Jhering
Rudolf von Jhering was a German jurist. He is known for his 1872 book Der Kampf ums Recht , as a legal scholar, and as the founder of a modern sociological and historical school of law.Jhering was born in Aurich, Kingdom of Hanover...
who favored a modern approach of law as a practical means to an end (Weber).
In the United States, Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
and other legal realists pushed for laws based on what judges and the courts actually did, rather than the historical and conceptual or academic law of Friedrich Carl von Savigny
Friedrich Carl von Savigny
Friedrich Carl von Savigny was one of the most respected and influential 19th-century jurists and historians.-Early life and education:...
and the Pandectists (Rosenberg).