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The German Historical School of Jurisprudence is a 19th-century intellectual movement in the study of German law. With Romanticism as its background, it conceived of law as the organic expression of a national consciousness ( Volksgeist ). It stood in opposition to an earlier movement called Vernunftrecht (Rational Law).
The Historical School is based on the writings and teachings of Gustav von Hugo and especially Friedrich Carl von Savigny. Natural lawyers held that law could be discovered only by rational deduction from the nature of man.
The basic premise of the German Historical School is that law is not to be regarded as an arbitrary grouping of regulations laid down by some authority. Rather, those regulations are to be seen as the expression of the convictions of the people, in the same manner as language, customs and practices are expressions of the people. The law is grounded in a form of popular consciousness called the Volksgeist .
Laws can stem from regulations by the authorities, but more commonly they evolve in an organic manner over time without interference from the authorities. The ever-changing practical needs of the people play a very important role in this continual organic development.
In the development of a legal system, is it the professional duty of lawyers – in the sense of the division of labor in society – to base their academic work on law on ascertaining the will of the people. In this way, lawyers embody the popular will.
The German Historical School was divided into Romanists and the Germanists. The Romanists, to whom Savigny also belonged, held that the Volksgeist springs from the reception of the Roman law. While the Germanists (Karl Friedrich Eichhorn, Jakob Grimm, Georg Beseler, Otto von Gierke) saw medieval German Law as the expression of the German Volksgeist.
The German Historical School has had considerable influence on the academic study of law in Germany. Georg Friedrich Puchta and Bernhard Windscheid continued the Romanist vein founded by Savigny, leading to the so-called Pandektenwissenschaft which is seen as Begriffsjurisprudenz (conceptual jurisprudence).
Karl Marx devoted an 1842 essay "The philosophical manifesto of the historical school of law" to criticizing the historical school of law, calling it the "sole frivolous product" of the eighteenth century.
Hugo misinterprets his teacher Kant by supposing that because we cannot know what is true, we consequently allow the untrue, if it exists at all, to pass as fully valid. He is a sceptic as regards the necessary essence of things, so as to be a courtier as regards their accidental appearance. ... Everything existing serves him as an authority, every authority serves him as an argument. [1]
Historicism is an approach to explaining the existence of phenomena, especially social and cultural practices, by studying their history, that is, by studying the process by which they came about. The term is widely used in philosophy, anthropology, and sociology.
German philosophy, meaning philosophy in the German language or philosophy by German people, in its diversity, is fundamental for both the analytic and continental traditions. It covers figures such as Gottfried Wilhelm Leibniz, Immanuel Kant, Georg Wilhelm Friedrich Hegel, Karl Marx, Friedrich Nietzsche, Martin Heidegger, Ludwig Wittgenstein, the Vienna Circle, and the Frankfurt School, who now count among the most famous and studied philosophers of all time. They are central to major philosophical movements such as rationalism, German idealism, Romanticism, dialectical materialism, existentialism, phenomenology, hermeneutics, logical positivism, and critical theory. The Danish philosopher Søren Kierkegaard is often also included in surveys of German philosophy due to his extensive engagement with German thinkers.
Friedrich Carl von Savigny was a German jurist and historian.
Georg Friedrich Puchta was an important German Legal scholar.
Geist is a German noun with a significant degree of importance in German philosophy. Its semantic field corresponds to English ghost, spirit, mind, intellect. Some English translators resort to using "spirit/mind" or "spirit (mind)" to help convey the meaning of the term.
The Right Hegelians, Old Hegelians (Althegelianer), or the Hegelian Right, were those followers of German philosopher Georg Wilhelm Friedrich Hegel in the early 19th century who took his philosophy in a politically and religiously conservative direction. They are typically contrasted with the Young Hegelians, who interpreted Hegel's political philosophy as supportive of left-wing and progressive politics or religion.
Historism is a philosophical and historiographical theory, founded in 19th-century Germany and especially influential in 19th- and 20th-century Europe. In those times there was not a single natural, humanistic or philosophical science that would not reflect, in one way or another, the historical type of thought. It pronounces the historicity of humanity and its binding to tradition.
Carl Georg Christoph Beseler was a Prussian jurist and politician.
Articles in social and political philosophy include:
The term legal transplant was coined in the 1970s by the Scottish legal scholar W.A.J. 'Alan' Watson to indicate the moving of a rule or a system of law from one country to another. The notion of legal transplantation is diffusionism-based and according to this concept most changes in most legal systems occur as the result of borrowing. As maintained by Watson, transplantation is the most fertile source of legal development.
Friedrich Wilhelm Schulz was a German officer, political writer and radical liberal publisher in Hesse. His most famous works are Der Tod des Pfarrers Friedrich Ludwig Weidig as well as Die Bewegung der Produktion, which Karl Marx quoted extensively in his 1844 Manuscripts. Schulz was the first to describe the movement of society "as flowing from the contradiction between the forces of production and the mode of production," which would later form the basis of historical materialism. Marx continued to praise Schulz's work decades later when writing Das Kapital.
In Marxism, class consciousness is the set of beliefs that a person holds regarding their social class or economic rank in society, the structure of their class, and their class interests. According to Karl Marx, it is an awareness that is key to sparking a revolution that would "create a dictatorship of the proletariat, transforming it from a wage-earning, property-less mass into the ruling class".
Classical Marxism refers to the economic, philosophical, and sociological theories expounded by Karl Marx and Friedrich Engels as contrasted with later developments in Marxism, especially Marxism–Leninism.
The Young Hegelians, or Left Hegelians (Linkshegelianer), or the Hegelian Left, were a group of German intellectuals who, in the decade or so after the death of Georg Wilhelm Friedrich Hegel in 1831, reacted to and wrote about his ambiguous legacy. The Young Hegelians drew on his idea that the purpose and promise of history was the total negation of everything conducive to restricting freedom and reason; and they proceeded to mount radical critiques, first of religion and then of the Prussian political system. They rejected anti-utopian aspects of his thought that "Old Hegelians" have interpreted to mean that the world has already essentially reached perfection.
Marxist philosophy or Marxist theory are works in philosophy that are strongly influenced by Karl Marx's materialist approach to theory, or works written by Marxists. Marxist philosophy may be broadly divided into Western Marxism, which drew from various sources, and the official philosophy in the Soviet Union, which enforced a rigid reading of Marx called dialectical materialism, in particular during the 1930s. Marxist philosophy is not a strictly defined sub-field of philosophy, because the diverse influence of Marxist theory has extended into fields as varied as aesthetics, ethics, ontology, epistemology, theoretical psychology and philosophy of science, as well as its obvious influence on political philosophy and the philosophy of history. The key characteristics of Marxism in philosophy are its materialism and its commitment to political practice as the end goal of all thought. The theory is also about the struggles of the proletariat and their reprimand of the bourgeoisie.
Dialectical materialism is a philosophy of science, history, and nature developed in Europe and based on the writings of Karl Marx and Friedrich Engels. Marxist dialectics, as a materialist philosophy, emphasizes the importance of real-world conditions and the presence of contradictions within things, in relation to but not limited to class, labor, and socioeconomic interactions. This is in contrast to the idealist Hegelian dialectic, which emphasizes the observation that contradictions in material phenomena could be resolved by analyzing them and synthesizing a solution whilst retaining their essence. Marx supposed that the most effective solution to the problems caused by said contradictory phenomena was to address and rearrange the systems of social organization at the root of the problems.
Historical materialism is the term used to describe Karl Marx's theory of history. Marx locates historical change in the rise of class societies and the way humans labor together to make their livelihoods. For Marx and his lifetime collaborator, Friedrich Engels, the ultimate cause and moving power of historical events are to be found in the economic development of society and the social and political upheavals wrought by changes to the mode of production. Historical materialism provides a challenge to the view that historical processes have come to a close and that capitalism is the end of history. Although Marx never brought together a formal or comprehensive description of historical materialism in one published work, his key ideas are woven into a variety of works from the 1840s onward. Since Marx's time, the theory has been modified and expanded. It now has many Marxist and non-Marxist variants.
The following outline is provided as an overview of and topical guide to Marxism:
Bekenntnis der Professoren an den Universitäten und Hochschulen zu Adolf Hitler und dem nationalsozialistischen Staat officially translated into English as the Vow of allegiance of the Professors of the German Universities and High-Schools to Adolf Hitler and the National Socialistic State was a document presented on 11 November 1933 at the Albert Hall in Leipzig. It had statements in German, English, Italian, and Spanish by selected German academics and included an appendix of signatories. The purge to remove academics and civil servants with Jewish ancestry began with a law being passed on 7 April 1933. This document was signed by those that remained in support of Nazi Germany.