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The Connections between German Pandectist School and Italian Legal Culture at the End of XIX Century

Furfaro, Federica
2012
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Abstract
The rejuvenating approach to Roman law taken by the German Pandectist School in the 19th century exerted a great influence far beyond the boundaries of Germany. This phenomenon can really be seen as one of the “centralising forces” of European legal history, especially considering the simultaneous emergence of national codifications, which led to an increasing gap between the various legislations issued by European countries. Within Europe, the influence of the Pandectist School was particularly strong on Italian legal culture. The development of translations of German legal handbooks was particularly encouraged by Italian Romanistic scholars after the national unification, as an emblematic component of a general project for the diffusion of German legal culture in Italy. The translations were increasingly directed to original works, especially due to the multitude of notes provided by translators, which contributed to the critical revision of German erudition, namely by comparing it to Italian legislation. Especially the version of the Lehrbuch der Pandekten by Carl Ludwig Arndts, written by Filippo Serafini, and the one of Bernhard Windscheid’s Lehrbuch des Pandektenrechts, carried out by Carlo Fadda and Paolo Emilio Bensa, played an important role in the development of the studies of Roman and private law in Italy.
Archivio
http://hdl.handle.net/10077/8191
Diritti
open access
Soggetti
  • Codification

  • Translation

  • Roman law

  • Pandectist school

  • Windscheid, Bernhard

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