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초록· 키워드
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Historical jurisprudence came to prominence during the German debate
between Anton Friedrich Justus Thibaut and F. C. v. Savigny over the proposed
codification of German law. It emphasized the historical limitations of the law
seeking to improving legal life through innovation of Jurisprudence. It stood in
opposition to an earlier movement called rational Natural Law codifying
non-historical and abstract speculation, and everlasting legal principal.
Friedrich Carl von Savigny addressed historical study in the science of law
based on the belief that the law originates with society evolved in an organic
manner over time without interference from the authorities. He argued that law
should be discovered in the judicial and social life as traditions, customs,
language, practices and beliefs of the people.
Historical jurisprudence, however, provoked criticism that it considered the
source of law as the professional duty of lawyers to base their academic work
on law on ascertaining the will of the people in the development of a legal
system.
The German Historical School has had considerable influence on the academic
study of law in Germany continuing development of so called Pandektenwissenshaft
and Begriffsjurisprudenz (conceptual jurisprudence) by Georg Friedrich Puchta
and Bernhard Windscheid, and leading to the enactment of German Civil
Law(1900).
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