Otto von Gierke on the Dispute between Germanism and Romanism in the German Historic Law School Cover Image

Otto von Gierke o sporze między nurtami germańskim i romańskim w niemieckiej historycznej szkole prawa
Otto von Gierke on the Dispute between Germanism and Romanism in the German Historic Law School

Author(s): Mariusz Kopczyński
Subject(s): Law, Constitution, Jurisprudence
Published by: Łódzkie Towarzystwo Naukowe
Keywords: Gierke; niemiecka szkoła historyczna prawa; romaniści; germaniści; Gierke; German historic law school; Romanists; Germanists

Summary/Abstract: The aim of the article is to present the phenomenon of German historic law school as it wasperceived by the Otto von Gierke German historian and theorist of law. This perspective is aninteresting one as the Berliner professor was also a participant of the commented events (at theirfinals stage), however it only partially influenced his objectivity. Moreover fresh and almost directoutlook of the German thinker is quite valuable.The Author of the article describes the genesis and evolution of the school which in fact wasa contamination of two straits of legal reflection: Romanism and Germanism. In different periodsthose straits remained both in symbiotic relations or (more often) in furious straggles underminingthe initial unity of Historische Rechtsschule. Both were important in the history of German legalreflection. The final shape of a central German codification of private law – BGB was the result ofthe internal tensions within this school.The articles presents these occurrences and sums up the results of Polish researches onGierke and German historic school.

  • Issue Year: 2018
  • Issue No: 107
  • Page Range: 45-61
  • Page Count: 17
  • Language: Polish