Page:The Green Bag (1889–1914), Volume 20.pdf/407

 306

THE GREEN BAG

GERMAN IDEALS CONCERNING PRIVATE LAW BY DR. RUDOLF LEONHARD COMING over in order to lecture in Columbia University at New York about private law, I considered what matters could be of interest to American hearers. At the close of my work here I am explain ing briefly the results of my lectures. As an adherent of the historical school, which explains every law as a consequence of his torical facts, I could not doubt that it is impossible to suggest a direct imitation of ' German law to the United States. The difference in the history of the two countries forbids any idea of this sort. But in spite of this it seemed to be ad vantageous to recommend a consideration of the principal goals to which German jurisprudence is directed, because it is possible to go towards similar advantages in an American way. There are especially four ideals followed in Germany, which may be of value for Ameri can politics : 1. The use of Roman texts for the educa tion of future lawyers and judges. 2. The codification of the principles ob served formerly in the unwritten law. 3. The tendency to avoid unnecessary dif ferences in the private law of the various states. 4. The care for labor laws, especially for a workingmen-insurance in the cases of sickness, accidents and disability. i. The Roman law will be cultivated by every nation as a splendid product of the history of former times. But that is not enough. We use its texts in Germany also for a practical purpose. These texts mention general notions and terminologies which have been received by all peoples of European civilisation, includ ing the English people, and which came over to America with the English common

law. The explanation of the initial steps of this development gives a deeper under standing of the modern practice, of which the rules have been created in former times. Besides that, they connect the jurispru dence of all European peoples and make a mutual understanding possible. Unhappily the European books which have been written with such a purpose have always a national character, because they must be adapted to the special territory the practitioners of which should be educated by Roman ideas. Therefore it can be suggested to American scholars to write a description of Roman law with the special purpose of connecting its contents with the English-American common law. That must be done in accord ance with the same method, which the socalled Pandektists in Europe followed in instructing their pupils. 2. For codification a scientific prepara tion seems to be indispensable. A sys tematic science must be developed before a lawgiver can accept a system as the founda tion of a written private law. Such a codi fication has been made especially in Prussia, in France and in most European states. Finally Germany obtained a civil code which has been in force since 1900. The value of such a work is a political one. It helps to protect the interests of the poor people, who cannot protect themselves as well as the rich people can by the power which naturally is connected with the wealth. By destroying ' the doubts which arise in practice a codified law gives to the less educated classes a feeling of certainty which helps one in the struggles of the life. Therefore the European systematic science gives a splendid example for the English and the American Universities in order to show the methods which must be adopted