Wider die „verderbliche Einseitigkeit“ – Einführung in das Symposium (Against the 'Harmful One-sidedness' – Introduction to the Symposium)

Rabel Journal of Comparative and International Private Law (RabelsZ), Vol. 77, No. 2, pp. 300-308, April 2013

DOI: 10.1628/003372513X665667

Max Planck Private Law Research Paper No. 13/5

10 Pages Posted: 23 Jan 2013 Last revised: 5 Jun 2014

See all articles by Reinhard Zimmermann

Reinhard Zimmermann

Max Planck Institute for Comparative and International Private Law

Date Written: April 1, 2013

Abstract

On 23 June 2012, on the occasion of the annual meeting of the Association of Friends of the Hamburg Max Planck Institute, a symposium took place on the topic of "The Dialogue between Legal Scholarship and the Courts". This essay is based on the lecture introducing that symposium. It presents the actors as well as the metaphor of the dialogue, and it draws attention to the distinction that has traditionally been made, in this respect, between the continental civilian tradition and the English common law. The essay then very briefly recalls the long history of that dialogue under the ius commune, particularly in Germany, and notes, for the 20th century, a convergence between Germany and England. Even if judge and jurist do not, or do not always, constitute an "integrated community", they should both fight the temptation to adopt a one-sided perspective that would be injurious for the development of the law: for the development of the law is an enterprise that has to be guided by both theory and practice (Savigny).

This article is published in this Research Paper Series with the permission of the rights owner, Mohr Siebeck. All full-text Rabel Journal articles are available via pay-per-view or subscription at IngentaConnect, a provider of digital journals on the Internet.

Note: Downloadable document is in German.

Keywords: courts, judge, jurist, legal scholarship

Suggested Citation

Zimmermann, Reinhard, Wider die „verderbliche Einseitigkeit“ – Einführung in das Symposium (Against the 'Harmful One-sidedness' – Introduction to the Symposium) (April 1, 2013). Rabel Journal of Comparative and International Private Law (RabelsZ), Vol. 77, No. 2, pp. 300-308, April 2013, DOI: 10.1628/003372513X665667, Max Planck Private Law Research Paper No. 13/5, Available at SSRN: https://ssrn.com/abstract=2200311

Reinhard Zimmermann (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, 20148
Germany

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