pandectist

From pandect +‎ -ist.

pandectist (not comparable)

1. Pertaining to the Pandects compiled under the Roman emperor Justinian I.
   • 1995, Heinz Klug, Defining the Property Rights of Others:

     First, the absolutist concept of ownership, which was advocated by pandectist philosophers, but which has been challenged as being an ahistorical assertion of the nature of ownership under Roman-Dutch law," and second, the feudal notions of property relations which underpin English land law.

   • 1996, Visser Zimmermann, Reinhard Zimmermann, D. P. Visser, Southern Cross: Civil Law and Common Law in South Africa, →ISBN, page 697:

     It is due to the pervasive influence of pandectist scholarship that the concept of ownership is generally described and understood as 'absolute' in nature.

   • 1999, Peter Stein, Roman Law in European History, →ISBN, page 126:

     Pandectist ideas were taken to be notions of general jurisprudence and therefore applicable to any developed legal system.

2. Pertaining to the German adaptation of Roman law in the early sixteenth century.
   • 2002, J. M. Smits, The Making of European Private Law, →ISBN:

     In this way, the prestigious German pandectist science greatly influenced not only continental systems, but also English law and indirectly even American law.

   • 2006, Stefan Grundmann, Martin Schauer, The Architecture of European Codes and Contract Law, →ISBN, page 92:

     Thinking in pandectist categories has become so matter-of-fact that in everyday legal practice, for example, the analogous application to unilateral legal transactions (einseitige Rechtsgeschäfte) of the provisions on the conclusion of contracts is no longer considered an issue

   • 2010, Nigel G. Foster, Satish Sule, German Legal System and Laws, →ISBN, page 21:

     His main opus is the Lehrbuch des Pandektenrechts (textbook on pandectist law, 1861-70)

pandectist (plural pandectists)

1. An expert on the Pandects compiled under the Roman emperor Justinian I.
   • 1996, Reinhard Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition, →ISBN:

     Many of the pandectists, however, do not mention the ammus negotia aliena gerendi among the requirements of negotiorum gestio;

   • 2006, Manfred Landfester, Hubert Cancik, Helmuth Schneider, Brill's New Pauly: Oly-Rul, →ISBN, page 167:

     The legal principles deduced from the textual material of the CIC by such leading pandectists as Georg Friedrich Puchta (1798–1846) and Bernhard Windscheid (1817–1892) were sometimes used as legal norms in courts of law.

   • 2010, Nigel G. Foster, Satish Sule, German Legal System and Laws, →ISBN, page 21:

     Windscheid is the prototype pandectist who together with his friend Jhering was probably the most influential lawyer for nineteenth-century German civil law.

2. A proponent or developer of a complete code of laws of a country, especially of the German pandestic law.
   • 1948, Annual law review - Volume 1, page 179:

     The scheme the pandectists sought was a scheme dominated by certain legal ideals and principles.

   • 1952, William Warwick Buckland, Arnold Duncan McNair Baron McNair -, Roman Law & Common Law: A Comparison in Outline, page 21:

     No doubt the Roman law of the post-classical period, and English law from and after the career of Pollock, have tended to become more self-conscious and theoretical in character, but Roman law never reached a state at all comparable to that reached by the pandectists of the nineteenth century, nor has English law yet reached it, if it ever will.

   • 1995, Gottfried Dietze, In Defense of Property, →ISBN, page 90:

     In turn, the German historical school and the pandectists, with their emphasis upon the absoluteness and exclusiveness of property, had an impact upon France.

   • 2013, Geoffrey Samuel, Law of Obligations & Legal Remedies, →ISBN:

     It is an invention of the pandectists that there was no liability for others in Roman law unless the superior himself was at fault.