Historical School of Law

1. ↑ Friedrich Carl von Savigny ( Friedrich Carl von Savigny ) Friedrich Carl von Savigny was a prominent German legal scholar who founded the historical school of jurisprudence. Orphaned at the age of 13, he studied and then taught law at the University of Marburg. In 1814, he published a seminal work criticising legal codification and advocating a historical approach to law. He established the "Zeitschrift für geschichtliche Rechtswissenschaft" and wrote extensively on Roman law, including his landmark work "System of Current Roman Law". Savigny challenged the prevailing theories of natural law, emphasising the importance of understanding law within its historical context. Appointed Grosskanzler in Prussia in 1842, he implemented significant legal reforms before resigning during the 1848 revolution. He influenced many scholars, including the Brothers Grimm, and is considered a founder of modern private international law. Savigny died in Berlin in 1861, leaving a lasting legacy in legal research.

2. ↑ Napoleonic Code ( Napoleonic Code ) The Napoleonic Code, enacted between 1803-1805, was a comprehensive codification of civil law that replaced the old French legal privileges with principles of legal equality. Developed under Napoleon Bonaparte, it systematically organised civil law in areas such as marriage, inheritance and property rights. Influenced by the Justinian Code and ideals of the French Revolution, the code was structured into three books covering people, property and the acquisition of property. Its innovative approach balanced traditional legal concepts with modern principles, emphasising practicality and individual property rights. The clear and accessible language of the code made the law more comprehensible to the public. Its significant impact extended beyond France, being adopted in several countries, including Italy, the Netherlands, Belgium, and influencing civil law systems in Switzerland, Germany and parts of North America. The Napoleonic Code represented a fundamental achievement in legal systematisation and remains a crucial milestone in the development of modern civil law.

3. ↑ German Civil Code ( German Civil Code ) The German Civil Code (Bürgerliches Gesetzbuch or BGB), promulgated in 1900, emerged from the desire to unify civil law after the national unification of Germany in 1871. Influenced by the Napoleonic Code and Roman legal traditions, it systematically organises legal principles into five main sections: General Part, Law of Obligations, Law of Property, Family Law and Law of Succession. The code comprehensively regulates legal relationships, addressing aspects such as legal personality, contracts, property rights, family dynamics and inheritance. Its structure provides a coherent framework for civil interactions, establishing clear guidelines for individual and collective legal interactions. The BGB represents a significant milestone in German legal history, standardising civil law across previously fragmented states and providing a robust basis for modern legal practice.

4. ↑ natural law. Natural law is a philosophical theory that explores moral and rational principles inherent in human nature. Rooted in Greek philosophical traditions and developed through the contributions of thinkers such as Aristotle, Thomas Aquinas and Locke, it posits universal moral standards that transcend positive (human-made) law. The theory argues that certain fundamental human goods and rights exist independently of legal systems, derived from reason and human nature. The main proponents emphasise the role of natural law in establishing just legal structures, human rights and ethical standards. Medieval and modern philosophers interpreted natural law through theological, philosophical and rational perspectives, considering its relationship to divine order, human reason and social contract theory. Contemporary natural law theorists continue to defend objective moral principles against ethical relativism, asserting that legitimate law must be aligned with fundamental human rights and moral absolutes. The theory remains influential in legal, philosophical and theological discourse.

5. ↑ jurisprudence. Case law is the systematic study of legal principles and judicial decisions, originating in Roman law and developing through English common law. It encompasses the interpretation and application of laws by the courts, serving to fill legal gaps and adapt to contemporary societal needs. Judicial decisions provide critical guidance for legal practice, with specialised databases helping lawyers navigate complex legal landscapes. While laws have broader application and are created through legislative processes, court decisions offer specific interpretations and precedents within a given jurisdiction. The discipline plays a crucial role in understanding legal customs, resolving disputes and ensuring consistent judicial reasoning. Modern jurisprudence relies on technological solutions to categorise and analyse court decisions, enabling more efficient legal research and interpretation.

6. ↑ Law ( Law ) Law is a complex system of rules that regulate human behaviour through rights and duties, shaped by various social and cultural influences. Rooted in Latin and Sanskrit origins, it encompasses various legal families such as civil law and common law. The field largely distinguishes between public and private law, addressing corporate and individual interests respectively. Its foundations date back to archaic societies, with early codifications such as the Code of Ur-Namu and the Code of Hammurabi. Roman law significantly advanced legal systems, separating law from religion and morality, and developing sophisticated legal concepts. Modern law comes from multiple sources, including state legislation, international treaties and individual contracts. Courts and tribunals apply legal norms through interpretation guided by doctrine, custom and judicial precedent, reflecting the dynamic and adaptive nature of law.