ABSTRACT
Georg Wilhelm Friedrich Hegel (1770-1831) and Friedrich Carl von Savigny (1779-
1861) were contemporaries, fellow-countrymen and Berlin University colleagues, with
Hegel teaching philosophy of law and Savigny teaching Roman law. However, they were
adversaries. Their confrontation, setting Hegel’s rationalism up against Savigny’s
historicism, constitutes the subject of the present thesis.
Hegel’s school of thought, speculative in its approach, and Savigny’s Historical
School of Law were at war. This state of strife was most manifest in the feuds pertaining to
judiciary issues, as attested by the three disputes – Rezeptionsstreit, Besitzstreit and
Kodificationsstreit – bearing respectively on reception (of Roman law), possession (of
property) and codification (of law).
However, the goal here is to show that this conflict’s most significant theatre was
the political front. Before the events of their time – the French Revolution, the Napoleonic
Empire, the Wars of Liberation, the Restoration, emerging German nationalism –, Hegel
and Savigny each adopted completely different positions. Indeed, in responding to the
cultural context of the day – the dissemination of counter-revolutionary thought, whose
source could be traced to Edmund Burke (1729-1797), and the political Romanticism which
was then taking shape – each one followed an entirely opposite path. Their respective
visions of early 19th-century Germany were so divergent as to render any reconciliation
between the philosopher and the jurist inconceivable.