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Eduard Gans and the Hegelian Philosophy of Law

Michael H. HoffheimerAssociate Professor of Law, University of Mississippi Law School, Oxford, USA

ISBN13: 9780792332701

ISBN: 0792332709

Published: May 1995

Publisher: Kluwer Law International

Format: Hardback

Price: Out of print

This volume provides a sustained treatment of the legal theory of Eduard Gans (1789-1839) and the first translation of Gans's ""Systems of Roman Civil Law in Outline"" (1827). Hegel's close personal friend and recognized leader of the Hegelian movement, Gans posthumously edited Hegel's ""Philosophy of Law"" and ""Philosophy of History"". As Professor of Law in Berlin, Gans championed legal codification in opposition to Savigny and the Historical School of Jurisprudence. Hoffheimer argues that Gans's legal writings, especially his systematic exposition of Roman law, combined a brilliant application of Romanist legal scholarship with a creative, original vision of Hegelian methodology. The teacher of Karl Marx and Felix Mendelssohn, Gans promoted a liberal interpretation of Hegel and influenced an important generation of German thinkers.

Contents:: 1. The Philosophy of Law of Eduard Gans.; 1.1. Life and Career.; 1.2. Gans and Hegel.; 1.3. The Value of Roman Law.; 1.4. The System of Roman Law.; 1.5. Inheritance and Law.; 1.6. The System as Polemic.; 2: Gans's System of Roman Civil Law in Outline (1827). First Book: On Law in General.; 1st. On Law in Objective Relation.; 2nd. On Law in Subjective Relation.; 3rd. Realization of Law, or on Legal Procedure. Second Book: On Property Law.; 1st. On Physical Things.; 2nd. On Possession.; 3rd. On Property.; 4th. On Usufruct and Servitudes.; 5th. On Liens.; 6th. On Emphyteusis and Superficies. Third Book: On the Law of Obligations.; 1st. On Obligations in General.; 2nd. On Contracts and Similar Obligatory Relationships.; 3rd. On Delicts and Related Obligatory Relationships.; 4th. On the Movement and Satisfaction of Obligations. Fourth Book: On Family Law.; 1st. On Marriage.; 2nd. On Paternal Power and Kinship.; 3rd. On Guardianship. Fifth Book: On the Law of Succession.; 1st. On the Concept of the Roman Law of Succession.; 2nd. On the Relation of Testamentary Succession to Intestate Succession.; 3rd. On the Testamentary System, or on Wills, Legacies, Entailed Estates, and Gifts causa mortis.; 4th. On Intestate Succession.; 5th. The Doctrine of Inheritance.; 6th. On bonorum possessio in Opposition to hereditas.; 3: Gans's Preface to Hegel's ""Philosophy of Law"" (1833).; 4: Glossary.; 5: Appendix: Gans's Preface to Hegel's ""Philosophy of History"" (1837), translated by J. Sibree (1857).