67) In drawing this distinction, De Wet drew on more recent thinking in the civilian tradition, and especially on the works of the German Pandectist, Friedrich Carl von Savigny, (68) who incidentally also left his mark on English jurists like Anson and Pollock.
If anything, the effect of the Pandectist tradition was rather on De Wet's method, (112) which is characterised by a rigorous, systematic, and conceptual approach to setting out the law of contract, and which at times is quite pragmatic in its structural choices.
For the origins of such concepts in Pandectist thinking, and their influence on legal analysis and the exposition of De Wet, see Lubbe, supra note 49, at 109-10, 117-18, 121-23.
following substantially Pandectist
system were united in eight parts:
145) This is also apparent in the Pandectist
notion that the content of every obligation is a duty to perform in kind and, eventually, to pay an equivalent in damages.
In Germany, on the other hand, the Code of 1900 was more properly the product of the romantic movement that led to states taking over the law, although it is true that the German early 19th century Historical School of von Savigny, also referred to as the School of the Pandectists
, is often distinguished.
Holmes's enemy was the "bogus" formalistic legal science, which comprised the thinking of the unfortunate Christopher Columbus Langdell, whose ghost always tends to suffer on these occasions, the analytical school associated with John Austin, and the historical school associated with the Pandectists, who were followers of Friedrich Karl von Savigny.
So far as I am aware, there is not the least evidence that Dean Langdell, the Continental Pandectists, or even the great Savigny ever had any effect on the nineteenth-century common law of tort, either in England, the United States, or anywhere else.
6 (1989) (stating that the thought patterns of the modern common law legal architects and that of the Pandectists
merged in Llewellyn's intellect).
131) The BGB was heavily influenced by the Pandectists
and can therefore trace its ancestry to Roman Law.