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Thibaut und Savigny
Zum 100jährigen Gedächtnis des Kampfes um ein einheitliches bürgerliches Recht für Deutschland
"Thibaut und Savigny" by Jacques Stern is a historical publication written in the early 20th century. The work commemorates the significant debate between two prominent German jurists, Thibaut and Savigny, centered around the necessity for a uniform civil law in Germany. It explores their arguments and contributions to legal theory that have had lasting impacts on German law and the broader legal landscape. At the start of the text, Stern outlines the historical context of the conflict between Thibaut and Savigny, noting that their writings took place at a pivotal moment in German history, shortly after substantial political changes in the early 19th century. He delves into Thibaut's argument advocating for a national civil code to unify German law, positing that the fragmented legal landscape hinders justice and governance. In contrast, Stern presents Savigny's opposition, which emphasizes the historical and organic nature of law rooted in national customs and practices. The opening sets the stage for an in-depth examination of their discourse and its implications for contemporary legal thought.