L'héritage de Savigny. Histoire du droit, droit comparé, et émergence d'une science juridique européenne

Reinhard Zimmermann

Revue internationale de droit économique, 2013, vol. (t. XXVII), issue 1, 95-127

Abstract: Based on the programmatic writings of Friedrich Carl von Savigny, this paper outlines the programme of a renewed ?historical school of law?. Its task is to Europeanize legal scholarship. As far as the contribution of legal history is concerned, the legal rules that have emerged in the past, and from the past, should not be regarded as ?something which is in the highest degree exemplary? and which has to retain its ascendancy in an unchanged form. At the same time, however, it is crucial to acknowledge the ?vital connection? that ties the past to the present, for ?without that knowledge we shall only be able to observe the outward form of our legal condition, not to grasp its inner substance?. The prerequisite for a European private law is the existence of a European legal scholarship. That European legal scholarship should be founded on an historical approach. Legal history allows us better to understand contemporary law, both on a national and European level.

Keywords: European private law; legal history; comparative law (search for similar items in EconPapers)
Date: 2013
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