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des Rechts (1798), a collection of essays on the theory of law, of which by far the most important was entitled Uber den Einfluss der Philosophie auf See also:

die Auslegung der positiven Gesetze, wherein he sought to show that See also:

HISTORY

history without See also:

PHILOSOPHY (Gr. gthos, fond of, and vo4 (a, wisdom)

philosophy could not interpret and explain law. In 1799 was published his Theorie der logischen Auslegung des romischen Rechts, one of his most remarkable See also:

WORKS

works. In 1802 he published a See also:

SHORT, FRANCIS JOB (1857– )

short See also:

criticism of See also:

Feuerbach's theory of criminal law, which recalls in many ways the speculations of See also:

Bentham. The same year appeared Uber Besitz and Verjahrung, a See also:

TREATISE

treatise on the law of See also:

possession and the See also:

LIMITATION, STATUTES OF

limitation of actions. In 1802 Thibaut was called to See also:

JENA

Jena, where he spent three years and wrote, in See also:

SCHILLER, JOHANN CHRISTOPH FRIEDRICH VON (1759-18o5)

Schiller's summer-See also:

house, his See also:

CHIEF (from Fr. chef, head, Lat. caput)

chief See also:

WORK

work, See also:

SYSTEM

System des Pandektenrechts (1803), which ran into many See also:

EDITIONS

editions. The fame of this See also:

BOOK

book depends before all else upon the fact that it was the first See also:

MODERN

modern See also:

COMPLETE

complete compendium of the subject, distinguished alike by the accuracy of its See also:

SOURCES

sources and the freedom and unpedantic manner in which the subject is handled. It is, in effect, a codification of the See also:

ROMAN

Roman law as it then obtained in See also:

Germany, modified by See also:

CANON

Canon law and the practice of the courts into a comprehensive system of Pandect law. At the invitation of the See also:

GRAND

grand-See also:

DUKE (corresponding to Fr. duc, Ital. duca, Ger. Herzog)

duke of See also:

Baden he went to See also:

HEIDELBERG

Heidelberg to fill the See also:

CHAIR (in. Mid. Eng. chcere, through O. Fr. chaire or chaiere, from Lat. cathedra, later caledra, Gr. xaOi3pa, seat, cf. "cathedral"; the modern Fr. form chaise, a chair, has been adopted in English with a particular meaning as a form of carriage; chaire

chair of civil law and to assist in organizing the university; and he never quitted that See also:

TOWN

town, though he received in after years, as his fame See also:

GREW, NEHEMIAH (1641-1712)

grew, invitations to Gottingen; See also:

MUNICH (Ger. Munchen)

Munich and See also:

LEIPZIG

Leipzig. His class was large, his See also:

INFLUENCE (Late Lat. influentia, from influere, to flow in)

influence See also:

GREAT

great; and, except Gustav See also:

Hugo and See also:

SAVIGNY, FRIEDRICH KARL VON (1779–1861)

Savigny, no civilian of his See also:

time was so well known.

In 1814 appeared his Civilistische Abhandlungen, of which the See also:

PRINCIPAL

principal was his famous See also:

ESSAY, ESSAYIST (Fr. essai, Late Lat. exagium, a weighing or balance; exigere, to examine; the term in general meaning any trial or effort)

essay, the See also:

PARENT, SIMON NAPOLEON (1855– )

parent of so much literature, on the See also:

NECESSITY (Lat. necessitas)

necessity of a See also:

NATIONAL

national See also:

CODE (Lat. codex)

code for Germany (vide infra). In 1819 he was appointed to the upper house of the newly constituted Baden See also:

PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament. He was also made member of the Scheidungsgericht (See also:

DIVORCE

divorce See also:

court). In 1836 Thibaut published his Erorterungen des romischen Reeks. One of his last works was a contribution in 1838 to the Archiv See also:

FUR (connected with O. Fr. forre, a sheath or case; so " an outer covering ")

fur die civilistische Praxis, of which he was one of the editors (see below). Thibaut married, in 1800, a daughter of Professor Ahlers of Kiel. He died after a short illness, at Heidelberg, on the 29th of See also:

March 1840. Thibaut, a See also:

man of strong See also:

PERSONALITY (from Lat. persona, originally an actor's mask, from personare,1 to sound through)

personality and manly consistent nature, was much more than a jurist: he deserves to be remembered in the history of See also:

MUSIC

music. See also:

PALESTRINA, GIOVANNI PIERLUIGI DA (1526-1594)

Palestrina and the See also:

early composers of See also:

church music were his delight; and in 1824 appeared anonymously his work, Uber die Reinheit der Tonkunst, in which he eulogized the old music, and especially that of Palestrina. He was an ardent See also:

COLLECTOR

collector of old compositions, and often sent young men to See also:

Italy, at his own expense, to discover interesting musical See also:

MANUSCRIPTS

manuscripts. Among the masters of German See also:

PROSE

prose, too, Thibaut holds no mean See also:

PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place. His See also:

style is See also:

SIMPLE

simple and manly, but See also:

rich in the happy accidents of expression which come only to true artists.

Most of Thibaut's works have already been mentioned, but his essay on the necessity of a code for Germany (Uber die Nothwendigkeit eines allegemeinen burgerlichen See also:

Beck's fur Deutschland), which was inspired by the See also:

ENTHUSIASM

enthusiasm of the See also:

war of Liberation and written in fourteen days, deserves further See also:

NOTICE

notice. Thibaut himself explained in the Archie fur die civilistische Praxis, in 1838, the origin of this memorable essay. He had realized the See also:

CHANGE (derived through the Fr. from the Late Lat. cambium, cambiare, to barter; the ultimate derivation is probably from the root which appears in the Gr. «a urmu', to bend)

change denoted by the march of German soldiers to See also:

Paris in 1814, and the happy future opened up for Germany. The system of small states he hoped and believed would continue; for the big See also:

state he considered crushing to the See also:

LIFE

life of the individual and harmful as concentrating the " warm life " of the nation in one central point. In his See also:

JUDGMENT

judgment the only unity practicable and needful for Germany was that of law; and for this he urged all the German governments to labour. The essay was as much a condemnation of the entire state of jurisprudence as an See also:

ARGUMENT

argument for codification; it was a See also:

CHALLENGE (O. Fr. chalonge, calenge, &c., from Lat. calumnia, originally meaning trickery, from calvi, to deceive, hence a false accusation, a " calumny ")

challenge to civilians to justify their very existence. Savigny took up the challenge thus thrown down; and a See also:

long controversy as to points not very clearly defined took place. The See also:

GLORY (through the O. Fr. glorie, modern gloire, from Lat. gloria, cognate with Gr. KXebs, abets)

glory of the controversy belonged to Savigny ; the real victory rested with Thibaut. The framers of the new German civil code (burgerliches Gesetzbuch) in 1899 were indebted for the arrangement of their See also:

MATTER

matter in no small degree to Thibaut's method and clear See also:

CLASSIFICATION (Lat. classis, a class, probably from the root cal-, cla-, as in Gr. icaMce, clamor)

classification, but beyond this, the code, based on the See also:

COMMON

common law of the several German states, which was adroitly blended by the usus pandectarum into an harmonious whole, does not reflect his influence. He was one of the earliest to criticize the divisions found in the Institutes, and he carried on with Gustav Hugo a controversy as to these points. In modern German legal literature Thibaut's influence is not very perceptible. Even at Heidelberg it was quickly superseded by that of his successor, Karl Adolf von Vangerow (1805-1870), and in Germany his works are now little used as See also:

TEXT (Lat. textum, woven fabric, from texere, to weave)

text-books.

But those best able to See also:

JUDGE (Lat. judex, Fr. juge)

judge Thibaut have most praised hint. See also:

Austin, who owed much to him, describes him as one " who for penetrating acuteness, rectitude of judgment and See also:

DEPTH

depth of learning and eloquence of exposition, may be placed by the See also:

side of von Savigny, at the See also:

head of all living civilians." For further See also:

INFORMATION (from Lat. informare, to give shape or form to, to represent, describe)

information as to Thibaut's life and work, see Baum-See also:

stark, Thibaut, Blotter der Erinnerung (1841); Karl Hagemann, Aus dem Leben H. F. J. Thibaut, mit Correspondenz, in die Preuss. Jahrbucher (188o); Teichmann, in Holtzendorf's Rechtslexikon; and E. Landsberg, in Allgemeine Deutsche Biographie, vol.

End of Article: THIBAUT, ANTON FRIEDRICH JUSTUS (1774-1840)

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