B. Wauters

This article examines the rise, decline, and legacy of ‘Professorenrecht’ – the idea that legal development should be guided by academic jurists. Focusing on 19th-century Germany, it analyzes Savigny’s Historical School and the role of professors in proposing legal categories and concepts, as well as in extra-judicial adjudication. It contrasts their scholarly influence with their limited practical role in drafting the Bürgerliches Gesetzbuch. The article argues that while professors rarely create law outright, their methodological influence still shapes doctrinal coherence in both national and European legal projects.

Verdieping | Verdiepend artikel
november 2025
AA20250759