PrintShare
Text size Increase font sizeDecrease font size
Encyclopedia of Law & Society: American and Global Perspectives

iconEncyclopedia

Encyclopedia of Law & Society: American and Global Perspectives

David S. Clark

Pub. date: 2007 | Online Pub. Date: September 25, 2007 | DOI:http://dx.doi.org/10.4135/9781412952637 | Print ISBN: 9780761923879 | Online ISBN: 9781412952637 | Publisher:Sage Publications, Inc.

About this encyclopedia
PrintShare
Text size Increase font sizeDecrease font size
Text size

Free Law School

Mathias W. Reimann

Free law ( Freirechtsschule ) was a theory of adjudication in early twentieth century German-Austrian jurisprudence that demanded liberation from the thendominant rule positivism and called for greater judicial freedom and creativity. It was not an established “school,” although the German term literally translates as school and is sometimes expressed as a “movement.” Rather free law was a loose association of thinkers and ideas. These ideas were closely related to similar approaches in other countries, especially in France and the United States. Yet, because there were also significant differences between these various movements, one should not treat them as identical. At the very beginning of the twentieth century, the prevailing view in Western jurisprudence, especially in Germany and Austria, regarded law as an autonomous, complete, and logical system of concepts and rules providing solutions for all cases. The German Civil Code ( Bürgerliches Gesetzbuch ) of 1900 reflected this system ...

Users without subscription are not able to see the full content on this title. Please, subscribe or login to access all content on this website.