ANTON See also:

• FRIEDRICH, JOHANN (1836— )

FRIEDRICH JUSTUS See also:

• THIBAUT (or THEOBALD) IV
• ANTON FRIEDRICH JUSTUS THIBAUT (1774-1840)

THIBAUT (1774-1840)  , See also:

• GERMAN
• GERMAN, DUTCH AND SCANDINAVIAN

German jurist, was See also:

• BORN, IGNAZ, EDLER VON (1742–1791)

born at See also:

• HAMELN

Hameln, in See also:

• HANOVER
• HANOVER (Ger. Hannover)

Hanover, on the 4th of See also:

• JANUARY

January 1974, the son of an officer in the Hanoverian See also:

• ARMY
• ARMY (from Fr. armee, Lat. armata)

army, of See also:

• FRENCH
• FRENCH, DANIEL CHESTER (1850– )
• FRENCH, NICHOLAS (1604-1678)

French Huguenot descent . After passing his school-days in Hameln and Hanover, See also:

• YOUNG
• YOUNG, A
• YOUNG, ARTHUR (1741-1820)
• YOUNG, BRIGHAM (1801-1877)
• YOUNG, CHARLES MAYNE (1777–1856)
• YOUNG, EDWARD (1683–1765)
• YOUNG, JAMES (1811-1883)
• YOUNG, THOMAS (1773-1829)

young See also:

• THIBAUT (or THEOBALD) IV
• THIBAUT, ANTON FRIEDRICH JUSTUS (1774-1840)

Thibaut entered the university of See also:

• GOTTINGEN

Gottingen as a student of See also:

• JURISPRUDENCE (Lat. jurisprudenlia, knowledge of law, from jus, right, and prudentia, from providere, to foresee)
• JURISPRUDENCE, COMPARATIVE

jurisprudence, went thence to See also:

• KONIGSBERG (Polish Krolewiec)

Konigsberg, where he studied under See also:

• KANT, IMMANUEL (1724-1804)

Kant, and afterwards to See also:

• KIEL

Kiel, where he was a See also:

• FELLOW

fellow-student with See also:

• NIEBUHR, BARTHOLD GEORG (1776–1831)
• NIEBUHR, KARSTEN (1733-1815)

Niebuhr . Here, after taking his degree of See also:

• DOCTOR (Lat. for " teacher ")

doctor See also:

• JURIS

juris, he became a Privatdozent . In 1998 he was appointed extraordinary See also:

• PROFESSOR (the Latin noun formed from the verb profiteri, to declare publicly, to acknowledge, profess)

professor of See also:

• CIVIL

civil See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, and in the same See also:

• YEAR

year appeared his Versuche caber einzelne Theile der Theorie See also:

• DES

des Rechts (1798), a collection of essays on the theory of law, of which by far the most important was entitled Uber den Einfluss der Philosophie auf See also:

• DIE
• DIE (Fr. de, from Lat. datum, given)

die Auslegung der positiven Gesetze, wherein he sought to show that See also:

• HISTORY

history without See also:

• PHILOSOPHY (Gr. gthos, fond of, and vo4 (a, wisdom)

philosophy could not interpret and explain law . In 1799 was published his Theorie der logischen Auslegung des romischen Rechts, one of his most remarkable See also:

• WORKS

works . In 1802 he published a See also:

• SHORT, FRANCIS JOB (1857– )

short See also:

• CRITICISM
• CRITICISM (from the Gr. KpiTrlS, a judge, Kpivew, to decide, to give an authoritative opinion)

criticism of See also:

• FEUERBACH, ANSELM (1829-188o)
• FEUERBACH, LUDWIG ANDREAS (1804—1872)
• FEUERBACH, PAUL JOHANN ANSELM, RITTER VON (1775-1833)

Feuerbach's theory of criminal law, which recalls in many ways the speculations of See also:

• BENTHAM, GEORGE (1800-1884)
• BENTHAM, JEREMY (1748-1832)

Bentham . The same year appeared Uber Besitz and Verjahrung, a See also:

• TREATISE

treatise on the law of See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession and the See also:

• LIMITATION, STATUTES OF

limitation of actions . In 1802 Thibaut was called to See also:

• JENA

Jena, where he spent three years and wrote, in See also:

• SCHILLER, JOHANN CHRISTOPH FRIEDRICH VON (1759-18o5)

Schiller's summer-See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

house, his See also:

• CHIEF (from Fr. chef, head, Lat. caput)

chief See also:

• WORK

work, See also:

• SYSTEM

System des Pandektenrechts (1803), which ran into many See also:

• EDITIONS

editions . The fame of this See also:

• BOOK

book depends before all else upon the fact that it was the first See also:

• MODERN

modern See also:

• COMPLETE

complete compendium of the subject, distinguished alike by the accuracy of its See also:

• SOURCES

sources and the freedom and unpedantic manner in which the subject is handled . It is, in effect, a codification of the See also:

• ROMAN

Roman law as it then obtained in See also:

• GERMANY
• GERMANY (Ger. Deutschland)

Germany, modified by See also:

• CANON

Canon law and the practice of the courts into a comprehensive system of Pandect law . At the invitation of the See also:

• GRAND

grand-See also:

• DUKE (corresponding to Fr. duc, Ital. duca, Ger. Herzog)

duke of See also:

• BADEN
• BADEN, GRAND DUCHY OF

Baden he went to See also:

• HEIDELBERG

Heidelberg to fill the See also:

• CHAIR (in. Mid. Eng. chcere, through O. Fr. chaire or chaiere, from Lat. cathedra, later caledra, Gr. xaOi3pa, seat, cf. "cathedral"; the modern Fr. form chaise, a chair, has been adopted in English with a particular meaning as a form of carriage; chaire

chair of civil law and to assist in organizing the university; and he never quitted that See also:

• TOWN

town, though he received in after years, as his fame See also:

• GREW, NEHEMIAH (1641-1712)

grew, invitations to Gottingen; See also:

• MUNICH (Ger. Munchen)

Munich and See also:

• LEIPZIG

Leipzig . His class was large, his See also:

• INFLUENCE (Late Lat. influentia, from influere, to flow in)

influence See also:

• GREAT

great; and, except Gustav See also:

• HUGO, GUSTAV VON (1764–1844)
• HUGO, VICTOR MARIE (1802-1885)

Hugo and See also:

• SAVIGNY, FRIEDRICH KARL VON (1779–1861)

Savigny, no civilian of his See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time was so well known .

In 1814 appeared his Civilistische Abhandlungen, of which the See also:

• PRINCIPAL

principal was his famous See also:

• ESSAY, ESSAYIST (Fr. essai, Late Lat. exagium, a weighing or balance; exigere, to examine; the term in general meaning any trial or effort)

essay, the See also:

• PARENT, SIMON NAPOLEON (1855– )

parent of so much literature, on the See also:

• NECESSITY (Lat. necessitas)

necessity of a See also:

• NATIONAL

national See also:

• CODE (Lat. codex)

code for Germany (vide infra) . In 1819 he was appointed to the upper house of the newly constituted Baden See also:

• PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament . He was also made member of the Scheidungsgericht (See also:

• DIVORCE

divorce See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court) . In 1836 Thibaut published his Erorterungen des romischen Reeks . One of his last works was a contribution in 1838 to the Archiv See also:

• FUR (connected with O. Fr. forre, a sheath or case; so " an outer covering ")

fur die civilistische Praxis, of which he was one of the editors (see below) . Thibaut married, in 1800, a daughter of Professor Ahlers of Kiel . He died after a short illness, at Heidelberg, on the 29th of See also:

• MARCH
• MARCH (1) (from Fr. marcher, to walk; the earliest sense in French appears to be " to trample," and the origin has usually been found in the Lat. marcus, hammer; Low Lat. marcare, to hammer; hence to beat the road with the regular tread of a soldier: cf.
• MARCH, AUZIAS (c. "1395-1458)
• MARCH, EARLS OF
• MARCH, FRANCIS ANDREW (1825– )

March 1840 . Thibaut, a See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man of strong See also:

• PERSONALITY (from Lat. persona, originally an actor's mask, from personare,1 to sound through)

personality and manly consistent nature, was much more than a jurist: he deserves to be remembered in the history of See also:

• MUSIC

music . See also:

• PALESTRINA, GIOVANNI PIERLUIGI DA (1526-1594)

Palestrina and the See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

early composers of See also:

• CHURCH
• CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
• CHURCH, FREDERICK EDWIN (1826-1900)
• CHURCH, GEORGE EARL (1835–1910)
• CHURCH, RICHARD WILLIAM (1815–189o)
• CHURCH, SIR RICHARD (1784–1873)

church music were his delight; and in 1824 appeared anonymously his work, Uber die Reinheit der Tonkunst, in which he eulogized the old music, and especially that of Palestrina . He was an ardent See also:

• COLLECTOR

collector of old compositions, and often sent young men to See also:

• ITALY
• ITALY (Italia)

Italy, at his own expense, to discover interesting musical See also:

• MANUSCRIPTS

manuscripts . Among the masters of German See also:

• PROSE

prose, too, Thibaut holds no mean See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place . His See also:

• STYLE
• STYLE (from Gr. a-6'1ms, a column; a different word from that used in literature, see below)

style is See also:

• SIMPLE

simple and manly, but See also:

• RICH, BARNABE (c. 1540-1617)
• RICH, CLAUDIUS JAMES (1787-1821)
• RICH, JOHN (1692-1761)
• RICH, PENELOPE, LADY (c. 1562–1607)
• RICH, RICHARD, 1ST BARON RICH (1490?-1567)

rich in the happy accidents of expression which come only to true artists .

Most of Thibaut's works have already been mentioned, but his essay on the necessity of a code for Germany (Uber die Nothwendigkeit eines allegemeinen burgerlichen See also:

• BECK (or BEEK), DAVID (1621—1656)
• BECK, CHRISTIAN DANIEL (1757-1832)
• BECK, JAKOB SIGISMUND (1761-1840)

Beck's fur Deutschland), which was inspired by the See also:

• ENTHUSIASM

enthusiasm of the See also:

• WAR
• WAR (O. Eng. werre, Fr. guerre, of Teutonic origin; cf. O.H.G. werran, to confound)

war of Liberation and written in fourteen days, deserves further See also:

• NOTICE

notice . Thibaut himself explained in the Archie fur die civilistische Praxis, in 1838, the origin of this memorable essay . He had realized the See also:

• CHANGE (derived through the Fr. from the Late Lat. cambium, cambiare, to barter; the ultimate derivation is probably from the root which appears in the Gr. «a urmu', to bend)

change denoted by the march of German soldiers to See also:

• PARIS
• PARIS (also called ALEXANDROS)
• PARIS, ALEXIS PAULIN (1800-x881)
• PARIS, BRUNO PAULIN GASTON (1839-1903)
• PARIS, FRANCOIS DE (169o-1727)
• PARIS, LOUIS PHILIPPE ALBERT
• PARIS, TREATIES OF (1814-1815)

Paris in 1814, and the happy future opened up for Germany . The system of small states he hoped and believed would continue; for the big See also:

• STATE
• STATE, GREAT OFFICERS OF

state he considered crushing to the See also:

• LIFE

life of the individual and harmful as concentrating the " warm life " of the nation in one central point . In his See also:

• JUDGMENT

judgment the only unity practicable and needful for Germany was that of law; and for this he urged all the German governments to labour . The essay was as much a condemnation of the entire state of jurisprudence as an See also:

• ARGUMENT

argument for codification; it was a See also:

• CHALLENGE (O. Fr. chalonge, calenge, &c., from Lat. calumnia, originally meaning trickery, from calvi, to deceive, hence a false accusation, a " calumny ")

challenge to civilians to justify their very existence . Savigny took up the challenge thus thrown down; and a See also:

• LONG, GEORGE (1800-1879)
• LONG, JOHN DAVIS (1838– )

long controversy as to points not very clearly defined took place . The See also:

• GLORY (through the O. Fr. glorie, modern gloire, from Lat. gloria, cognate with Gr. KXebs, abets)

glory of the controversy belonged to Savigny ; the real victory rested with Thibaut . The framers of the new German civil code (burgerliches Gesetzbuch) in 1899 were indebted for the arrangement of their See also:

• MATTER

matter in no small degree to Thibaut's method and clear See also:

• CLASSIFICATION (Lat. classis, a class, probably from the root cal-, cla-, as in Gr. icaMce, clamor)

classification, but beyond this, the code, based on the See also:

• COMMON

common law of the several German states, which was adroitly blended by the usus pandectarum into an harmonious whole, does not reflect his influence . He was one of the earliest to criticize the divisions found in the Institutes, and he carried on with Gustav Hugo a controversy as to these points . In modern German legal literature Thibaut's influence is not very perceptible . Even at Heidelberg it was quickly superseded by that of his successor, Karl Adolf von Vangerow (1805-1870), and in Germany his works are now little used as See also:

• TEXT (Lat. textum, woven fabric, from texere, to weave)

text-books .

But those best able to See also:

• JUDGE (Lat. judex, Fr. juge)

judge Thibaut have most praised hint . See also:

• AUSTIN
• AUSTIN, ALFRED
• AUSTIN, JOHN (179o-1859)
• AUSTIN, SARAH (1793-1867)
• AUSTIN, STEPHEN FULLER (1793-1836)

Austin, who owed much to him, describes him as one " who for penetrating acuteness, rectitude of judgment and See also:

• DEPTH

depth of learning and eloquence of exposition, may be placed by the See also:

• SIDE
• SIDE (mod. Eski Adalia)

side of von Savigny, at the See also:

• HEAD (in 0. Eng. heafad; the word is common to Teutonic languages; cf. Dutch hoofd, Ger. Haupt, generally taken to be in origin connected with Lat. caput, Gr. KerbOvi7)
• HEAD, SIR EDMUND WALKER, BART
• HEAD, SIR FRANCIS BOND, BART

head of all living civilians." For further See also:

• INFORMATION (from Lat. informare, to give shape or form to, to represent, describe)

information as to Thibaut's life and work, see Baum-See also:

• STARK, JAMES (1794-1859)
• STARK, JOHN (1728-1822)

stark, Thibaut, Blotter der Erinnerung (1841); Karl Hagemann, Aus dem Leben H . F . J . Thibaut, mit Correspondenz, in die Preuss . Jahrbucher (188o); Teichmann, in Holtzendorf's Rechtslexikon; and E . Landsberg, in Allgemeine Deutsche Biographie, vol .