Legal science
From Wikipedia, the free encyclopedia
Legal science (German: Rechtswissenschaft; in Germany also informally called Jura, from Latin "the rights"; in Austria and Switzerland Jus, meaning "the law") or jurisprudence (from Latin iuris prudentia, "the wisdom of law"), also known as "legal studies," is the academic study of law, its forms, and its application. It is also the name of the academic discipline concerned with these matters. The discipline critically examines case law, legislative proposals, and their social impact, thereby making a fundamental contribution to the development of the legal system. Legal science should not be confused with legal practice: although legal practitioners work on the basis of legal scholarship, only a few of them contribute back to legal science itself, for example, as authors of legal journals or commentaries on legislation.
Modern legal science, as a systematic academic discipline, was strongly shaped by German legal scholars of the 19th century. Their work was influenced by the ideas of Friedrich Carl von Savigny, who argued that German law should develop organically from its historical foundations rather than follow the rationalist natural law approach of the French codification.[1] In German, the discipline is referred to as Rechtswissenschaft (singular) or Rechtswissenschaften (plural).[2]
Field of Study
Alongside theology, medicine, and philosophy, the study of law is one of the traditional university disciplines. In addition to the three main areas of law—civil law, public law, and criminal law—it also includes foundational subjects such as general theory of the state, legal methodology, legal philosophy, sociology of law, comparative law, Roman law, criminology, and legal history.
In Germany, the definition of these foundational subjects is set out in the examination regulations of the individual federal states. Not all foundational subjects are compulsory. Since 2003, legal studies in Germany have typically been divided into a basic study phase, a main study phase, and a specialization area, and conclude with the First State Examination in Law. In Austria, the traditional Jus degree is a four‑year diploma program, which is divided into two or three sections depending on the university. The examination subjects are specified in the curricula of the respective universities.
History
Antiquity
Roman legal scholarship is generally regarded as the oldest historically documented form of legal science, reaching its peak during the classical period. For earlier legal systems—such as those of Mesopotamia, Egypt, or ancient Greece—current research assumes that although people there also reflected on legal matters, these reflections did not cross the threshold into what we would call a true legal science. Building on Greek philosophy (especially Stoicism), the problem of justice was extensively discussed in Greece. However, unlike the Romans—who drew inspiration from Greece when creating their Twelve Tables—the Greeks did not attempt to systematically analyse or organise the body of law that was in force.
Middle Ages
Modern legal scholarship began at the University of Bologna. In the early 12th century, a manuscript of Justinian's Digest was discovered there, prompting the glossators to begin teaching based on the preserved Roman law. Methodologically, they attempted to understand the law in the spirit of scholasticism. Around this time, the first faculties also emerged in Italy, where sons of the nobility received education in canon law, secular law, and medicine. The Corpus iuris civilis, codified in Late Antiquity, spread throughout continental Europe, with the exception of Scandinavia and the British Isles.
Modern Era
Until the end of the 19th century, legal scholarship in Central Europe was primarily focused on private law. Since then, it has differentiated itself considerably. Out of the practical needs of public administration, an administrative science gradually developed, which quite early expanded into a scholarly engagement with public law.
