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ZACHARIAE VON LINGENTHAL, KARL SALOMO...

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Originally appearing in Volume V28, Page 950 of the 1911 Encyclopedia Britannica.
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ZACHARIAE VON LINGENTHAL, KARL SALOMO (1769-1843) , See also:

German jurist, was See also:born on the 14th of See also:September 1769 at See also:Meissen in See also:Saxony, the son of a lawyer, and received his See also:early See also:education at the famous public school of St Afra in that See also:town. He afterwards studied See also:philosophy, See also:history, See also:mathematics and See also:law at the university of See also:Leipzig. In 1792 he went to See also:Wittenberg University as See also:tutor to one of the See also:counts of See also:Lippe, and continued his legal studies. In 1794 he became privatdozent, lecturing on See also:canon law, in 1798 extraordinary See also:professor, and 1802 See also:ordinary professor of feudal law. From that See also:time to his See also:death in 1843, with the exception of a See also:short See also:period in which public affairs occupied him, he poured out a See also:succession of See also:works covering the whole See also:field of See also:jurisprudence, and was a copious contributor to See also:periodicals. In 1807 he received a See also:call to See also:Heidelberg, then beginning its period of splendour as a school of law. There; resisting many calls to See also:Gottingen, See also:Berlin and other See also:universities, he remained until his death. In 182o he took his seat, as representative of his university, in the upper See also:house of the newly constituted See also:parliament of See also:Baden. Thoughhe himself prepared many reforms—notably in the harsh criminal See also:code—he was, by See also:instinct and conviction, conservative and totally opposed to the violent democratic spirit which dominated the second chamber,. and brought it into conflict with the See also:grand-See also:duke and the German federal See also:government. After the remodelling of the constitution in a " reactionary " sense, he was returned, in 1825, by the See also:district of Heidelberg to the second chamber, of which he became the first See also:vice-See also:president, and in which he proved himself more " loyal " than the government itself. With the growth of See also:parliamentary Liberalism, however, he See also:grew disgusted with politics, from which he retired altogether in 1829. He now devoted himself wholly to juridical See also:work and to the last days of his See also:life toiled with the ardour of a See also:young student.

His fame extended beyond See also:

Germany. The German universities then enjoyed, in regard to legal questions of See also:international importance, a See also:jurisdiction dating from the See also:middle ages; and Zachariae, was often cones suited as to questions arising in Germany, See also:France and See also:England. Elaborate " opinions," some of them forming veritable See also:treatises —e.g. on See also:Sir See also:Augustus d'See also:Este's claim to the dukedom of See also:Sussex, See also:Baron de See also:Bode's claim as an See also:English subject to a See also:share in the See also:French See also:indemnity, the dispute as to the debts due to the elector of See also:Hesse-See also:Cassel, confiscated by See also:Napoleon, and the constitutional position of the See also:Mecklenburg landowners—were composed by Zachariae. Large fees which he received for these opinions and the See also:great popularity of his lectures made him See also:rich, and he was able to buy several estates; from one of which, Lingenthal, he took his See also:title when, in 1842, he was ennobled by the grand-duke. He died on the 27th of See also:March 1843. He had married in 1811, but his wife died four years later, leaving him a son, Karl Eduard. Zachariae's true history is in his writings, which are extremely numerous and multifarious. They See also:deal with almost every See also:branch of jurisprudence; they are philosophical, See also:historical and See also:practical, and relate to See also:Roman, Canon, German, French and English law. The first See also:book of much consequence which he published was See also:Die Einheit See also:des Staats and der Kirche mit Riicksicht auf die Deutsche Reichsverfassung (1797), a work on the relations of See also:church and See also:state, with See also:special reference to the constitution of the See also:empire, which displayed the writer's See also:power of See also:analysis and his skill in making a complicated set of facts appear to be deductions from a few principles. In 1805 appeared Versuch einer allgemeinen Hermeneutik des Rechts; and in 18o6 Die Wissenschaft der Gesetzgebung, an See also:attempt to find a new theoretical basis for society in See also:place of the opportunist politics which had led to the See also:cataclysm of the French Revolution. This basis he seemed to discover in something resembling See also:Bentham's See also:utilitarianism. Zachariae's last work of importance was Vierzig See also:Bucher vom Staate (1839-42), to which his admirers point as his enduring See also:monument.

It has been compared to See also:

Montesquieu's L'Esprit des leis, and covers no small See also:part of the field of See also:Buckle's first See also:volume of the History of See also:Civilization. But though it contains See also:proof of vast erudition and many See also:original ideas as to the future of the state and of law, it lacks logical sequence, and is, consequently, full of contradictions. Its fundamental theory is, that the state had its origin, not in a See also:contract (See also:Rousseau-See also:Kant), but in the consciousness of a legal See also:duty. What See also:Machiavelli was to the Italians and Montesquieu to the French, Zachariae aspired to become to the Germans; but he lacked their patriotic See also:inspiration, and so failed to exercise any permanent See also:influence on the constitutional law of his See also:country. Among other important works of Zachariae are his Staatsrecht, and his See also:treatise on the Code Napoleon, of which several French See also:editions were published, and which was translated into See also:Italian. Zachariae edited with Karl See also:Joseph Mittermaier the Kritische Zeitschrift fiir Rechtswissenschaft and Gesetzgebung des Auslandes, and the introduction which he wrote illustrates his wide See also:reading and his See also:constant See also:desire for new See also:light upon old problems. Though Zachariae's works have been superseded, they were in their See also:day See also:epoch-making, and they have been superseded by books which, without them, could not have been written. For an See also:account of Zachariae and his works, see See also:Robert von See also:Mohl, Geschichte u. Literatur der Staatswissenschaften (1855-58), and See also:Charles Brocher, K. S. Zachariae, sa See also:vie et ses oeuvres (187o); cf. also his See also:biography in Allgem. Deutsche Biographie (vol.

44) by Wilhelm See also:

Fischer, and See also:Holtzendorff, Rechts-See also:Lexicon, Zachariae von Lingenthal. His son, KARL EDUARD ZACHARIAE (18i2-1894), also an eminent jurist, was born on the 24th of See also:December 1812, and studied philosophy, history, mathematics and See also:languages, as well as jurisprudence, at Leipzig, Berlin and Heidelberg. Having made Roman and See also:Byzantine law his special study, he visited See also:Paris in 1832 to examine Byzantine See also:MSS., went in 1834 to St See also:Petersburg and See also:Copenhagen for the same purpose, and in 1835 worked in the See also:libraries of See also:Brussels, See also:London, See also:Oxford, See also:Dublin, See also:Edinburgh and See also:Cambridge. After a few months as a practising lawyer and privatdozent at Heidelberg, he went in 1837, in See also:search of materials, to See also:Italy and the See also:East, visiting See also:Athens, See also:Constantinople and the monasteries of See also:Mount See also:Athos. Having a See also:taste for a country life, and none for teaching, he gave up his position as extraordinary professor at Heidelberg, and in 1845 bought an See also:estate in the Prussian See also:province of Saxony. Here he lived, engaged in scientific See also:agriculture and interested in Prussian politics, until his death on the 3rd of See also:June 1894. He produced an enormous See also:mass of works of great importance for students of Byzantine law. The task to which he devoted his life was, to discover and classify the See also:sources of Byzantine law hidden away in the libraries of the East and See also:West; to re-edit, in the light of See also:modern See also:criticism, those sources which had already been published; to write the history of Byzantine law on the basis of this hitherto undiscovered material; and finally, to apply the results to the scientific elucidation of the Justinian law. His See also:Jus Graeco-Romanum, of which the first part was published in 1856, the last in 1891, is the best and most See also:complete collection of the sources of Byzantine law and of the Novels from the time of See also:Justin I. to 1453. On the See also:general history of the subject he wrote two epoch-making works, the Historiae Graeco-Romani See also:juris delineatio, cum appendice ineditorum (Heidelberg, 1839), and Innere Geschichte des grieschisch-romischen Rechts. I. Personalrecht; II.

Erbrecht; III. Die Geschichte des Sachenrechts and Obligationsrecht (Leipzig, 1856), the third edition of which appeared under the title Geschichte des griechisch-romischen Rechts (1892). In this last work, which covered ground hitherto unexplored, Byzantine is treated as a development of Justinian law, and incidentally many obscure points in the economic and agrarian conditions of the Eastern empire are elucidated. For a See also:

list of Zachariae's other works, see Allgem. Deutsche Biogr., See also:art. by Wilhelm Fischer.

End of Article: ZACHARIAE VON LINGENTHAL, KARL SALOMO (1769-1843)

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