Otto Von Gierke


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Gierke, Otto Von

 

Born Jan. 11, 1841, in Stettin; died Oct. 10, 1921, in Berlin. German jurist. Professor at the universities of Breslau (from 1872), Heidelberg (from 1884), and Berlin (from 1887).

Gierke was a follower of the historical school of law and a representative of the nationalistic Germanist school. The starting point for Gierke’s views was the idea of German association or community, which he opposed to the individual—the basis of 19th century bourgeois liberalism. True German law, organically born in the womb of association and characterized by the spirit of community, the subordination of self to the whole, and the like, was considered by Gierke to be at a higher stage than bourgeois legal systems that were based on Roman law and the principles of natural law. The factual material that Gierke collected on the history of Germany and German law has lost much of its value because of his reactionary and nationalistic conceptions, which were later assimilated into fascist ideology.

WORKS

Das deutsche Genossenschaftsrecht, vols. 1-4. Berlin, 1868-1913.
Deutsches Privatrecht, vols. 1-3. Leipzig-Munich, 1895-1917.

V. A. TUMANOV

References in periodicals archive ?
(54.) Incidentally, Eric Voegelin stands alone among twentieth-century political philosophers and intellectual historians with his unilaterally negative assessment of Althusius for his use of the Ramist method: "The use of the Ramist method will aid us in fixing the rank of Althusius' work--which is still overrated as a consequence of Otto von Gierke's monograph.
The latter of these two traditions was represented by the German historian and legal theorist Otto von Gierke (1841-1921).
At a certain level, as noted earlier in the case of Otto von Gierke, Kuyper's vision cannot be easily distinguished from mainstream pluralist thought and, indeed, from certain aspects of current Third Way thinking, which seeks to limit the role of the State.