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Het Juridische Tijdschrift Gevestigd; Den Tex En Van Hall's 'Bijdragen Tot Regtsgeleerdheid En Wetgeving' (1826-1838)

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image of Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

After some attempts in the eighteenth century and the first decade of the nineteenth, the law review finally established itself in the Netherlands with the Bijdragen tot Regtsgeleerdheid en Wetgeving, which C.A. den Tex and J. van Hall brought out in 1826. Under different names the review existed until 1894. The review naturally reflects current legal issues in its time and offers its readers valuable yearly surveys of new legislation, court decisions and legal literature appearing in France, Germany and England. The codification process is followed critically. There is as yet no trace of legalism. Court decisions get as much attention as legislation, if not more. But that is not the main concern. The advancement of legal scholarship in the great tradition of the famous Dutch school is an important motive of the editors. Roman law and legal history are very prominent. But law-professors are not; they are out-numbered by far by learned advocates. As far as Roman law is concerned the editors hold that since it is no longer in force, it must be studied historically. One is bound no more to the canon of texts in the Corpus Juris or the doctrines well established in legal practice for ages, but historically untenable. New finds like Gaius' Institutes and the Fragmenta vaticana are welcomed and studied assiduously. The influence of Savigny and the Historical School is prominent, but criticism does not fail. The editors publicly reject the formation of schools, because these inevitably create one-sidedness.

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