B. German Legal Science

• The Thibault-Savigny Debate (1814, after the successful French codification)
• The Ideology of the German Civil Code
• what were the principal arguments for German codification?
• unification
• simplification
• what were Savigny's principal arguments against German codification?
• nature of a successful codification of private law (Volksgeist)
• incapacity of German legal scholars for the job
• results of Savigny's successful objection: Historical School
• Romanistic branch
• Germanic branch
• The 1896 Civil Code as product of "Legal Science"
• the rest of Reimann's story: the influence of Savigny's ideas in the U.S. codification debate at the end of the 19th century ("Carter and the Defeat of the New York Civil Code")
• David Dudley Field and the New York Civil Code of 1865
• adoption in Dakota territory (1866) and California (1872)
• James Carter's defense of the Common Law (1880's-90's) and Holmes' empirical/induction concept of how judge-made law develops
• final abandonment in New York 1895
• subsequent analogs to codification: Uniform Laws and Restatements
• Legal Scholars and the Elements of Legal Science
• The Scholarly Origins of German Legal Science
• who were the Roman legal scholars and what were their roles?
• how did the German scholars of the 18th and 19th centuries carry on these roles?
• consultations (consilia)
• Aktenversendung
• pandectists and "value-free" legal science
• compare American "case method" of legal instruction (Langdell, 1870, and Holmes)