A Turning Point in the Civil-Law Tradition: From Ius Commune to Code Napoléon

Lecture by Mario Ascheri

Friedrich Carl von Savigny (1779-1861) enjoys a central position in the civil-law tradition because of his importance both as a jurist and as a historian. Modern continental legal science, it has been said, comes from the German Pandektenlehre, the doctrine based on Justinian's Digest and developed from Savigny's teaching. Even the scholarly examination of the medieval history of Roman law had its origins with Savigny's historical work, which in some respects has never been surpassed. It is therefore unfortunate that the proposed New History of Roman Law in the Middles Ages—the so-called “New Savigny”—planned some years ago has been abandoned.


About the Author

Mario Ascheri. Professor of Legal History, University of Siena (Italy).

Citation

70 Tul. L. Rev. 1041 (1996)