Dictionary

pandectist en · ADJ

Etymology

From pandect + -ist.

Meanings

1. (not-comparable) Pertaining to the Pandects compiled under the Roman emperor Justinian I.
   • Pandectist ideas were taken to be notions of general jurisprudence and therefore applicable to any developed legal system. 1999, Peter Stein, Roman Law in European History, →ISBN, page 126:
   • It is due to the pervasive influence of pandectist scholarship that the concept of ownership is generally described and understood as 'absolute' in nature. 1996, Visser Zimmermann, Reinhard Zimmermann, D. P. Visser, Southern Cross: Civil Law and Common Law in South Africa, →ISBN, page 697:
   • 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. 1995, Heinz Klug, Defining the Property Rights of Others:
2. (not-comparable) Pertaining to the German adaptation of Roman law in the early sixteenth century.
   • 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 2006, Stefan Grundmann, Martin Schauer, The Architecture of European Codes and Contract Law, →ISBN, page 92:
   • His main opus is the Lehrbuch des Pandektenrechts (textbook on pandectist law, 1861-70) 2010, Nigel G. Foster, Satish Sule, German Legal System and Laws, →ISBN, page 21:
   • In this way, the prestigious German pandectist science greatly influenced not only continental systems, but also English law and indirectly even American law. 2002, J. M. Smits, The Making of European Private Law, →ISBN:

Translations (1)

it pandettistico (Translations)

pandectist en · NOUN

Etymology

From pandect + -ist.

Meanings

1. An expert on the Pandects compiled under the Roman emperor Justinian I.
   • 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. 2006, Manfred Landfester, Hubert Cancik, Helmuth Schneider, Brill's New Pauly: Oly-Rul, →ISBN, page 167:
   • Windscheid is the prototype pandectist who together with his friend Jhering was probably the most influential lawyer for nineteenth-century German civil law. 2010, Nigel G. Foster, Satish Sule, German Legal System and Laws, →ISBN, page 21:
   • Many of the pandectists, however, do not mention the ammus negotia aliena gerendi among the requirements of negotiorum gestio; 1996, Reinhard Zimmermann, The Law of Obligations: Roman Foundations of the Civilian Tradition, →ISBN:
2. A proponent or developer of a complete code of laws of a country, especially of the German pandestic law.
   • It is an invention of the pandectists that there was no liability for others in Roman law unless the superior himself was at fault. 2013, Geoffrey Samuel, Law of Obligations & Legal Remedies, →ISBN:
   • The scheme the pandectists sought was a scheme dominated by certain legal ideals and principles. 1948, Annual law review - Volume 1, page 179:
   • 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. 1952, William Warwick Buckland, Arnold Duncan McNair Baron McNair -, Roman Law & Common Law: A Comparison in Outline, page 21:
   • In turn, the German historical school and the pandectists, with their emphasis upon the absoluteness and exclusiveness of property, had an impact upon France. 1995, Gottfried Dietze, In Defense of Property, →ISBN, page 90:

Forms