Gustav Hugo
Encyclopedia
Gustav von Hugo was a German
jurist
.
He was born at Lörrach
in Baden. From the gymnasium at Karlsruhe
he passed in 1782 to the University of Göttingen, where he studied law for three years. Having received the appointment of tutor to the prince of Anhalt-Dessau
, he took his doctor's degree at the University of Halle in 1788. Recalled in the same year to Göttingen as extraordinary professor of law
, he became a full professor in 1792. In the preface to his Beiträge zur civilistischen Bucherkenntniss der letzten vierzig Jahre (1828–1829) he gives a sketch of the condition of the civil law teaching at Göttingen at that time.
The Roman
and German elements of the existing law were, without criticism or differentiation, welded into an ostensible whole for practical needs, with the result that it was difficult to say whether historical truth or practical ends were most prejudiced. As it was passed from person to person, new errors crept in, and even the best of teachers could not escape from the false method which had become traditional. These were the evils which Hugo set himself to combat, and he became the founder of that historical school
of jurisprudence
which was continued and further developed by Savigny. His magna opera are the Lehrbuch eines civilistischen Cursus (7 vols., 1792–1821), in which his method is thoroughly worked out, and the Zivilistisches Magazin (6 vols., 1790–1837).
Hugo was criticized, and ridiculed, by Marx in the Rheinische Zeitung for justifying the "law of arbitrary power", that is, for endorsing societal injustice and exploitation simply because the institutions which generate them exist.
For an account of his life see Eyssenhardt, Zur Erinnerung an Gustav Hugo (Berlin, 1845).
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
.
Lörrach
Lörrach is a city in southwest Germany, in the valley of the Wiese, close to the French and the Swiss border. It is the capital of the district of Lörrach in Baden-Württemberg. The biggest industry is the chocolate factory Milka...
in Baden. From the gymnasium at Karlsruhe
Karlsruhe
The City of Karlsruhe is a city in the southwest of Germany, in the state of Baden-Württemberg, located near the French-German border.Karlsruhe was founded in 1715 as Karlsruhe Palace, when Germany was a series of principalities and city states...
he passed in 1782 to the University of Göttingen, where he studied law for three years. Having received the appointment of tutor to the prince of Anhalt-Dessau
Leopold I, Prince of Anhalt-Dessau
Leopold I, Prince of Anhalt-Dessau was a German prince of the House of Ascania and ruler of the principality of Anhalt-Dessau. He was also a Generalfeldmarschall in the Prussian army...
, he took his doctor's degree at the University of Halle in 1788. Recalled in the same year to Göttingen as extraordinary professor of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, he became a full professor in 1792. In the preface to his Beiträge zur civilistischen Bucherkenntniss der letzten vierzig Jahre (1828–1829) he gives a sketch of the condition of the civil law teaching at Göttingen at that time.
The Roman
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
and German elements of the existing law were, without criticism or differentiation, welded into an ostensible whole for practical needs, with the result that it was difficult to say whether historical truth or practical ends were most prejudiced. As it was passed from person to person, new errors crept in, and even the best of teachers could not escape from the false method which had become traditional. These were the evils which Hugo set himself to combat, and he became the founder of that historical school
German Historical School
The German Historical School of Law is a 19th century intellectual movement in the study of German law. With Romanticism as its background, it emphasized the historical limitations of the law...
of jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
which was continued and further developed by Savigny. His magna opera are the Lehrbuch eines civilistischen Cursus (7 vols., 1792–1821), in which his method is thoroughly worked out, and the Zivilistisches Magazin (6 vols., 1790–1837).
Hugo was criticized, and ridiculed, by Marx in the Rheinische Zeitung for justifying the "law of arbitrary power", that is, for endorsing societal injustice and exploitation simply because the institutions which generate them exist.
For an account of his life see Eyssenhardt, Zur Erinnerung an Gustav Hugo (Berlin, 1845).