GANS, EDWARD, was born at Berlin on the 22nd of March 1798, and descended from Jewish parente of great respectability. His father was a wealthy man, noted for his sarcastic wit, and highly esteemed for his patriotism : he enjoyed the particular confidence of the Prussian state chancellor, the Baron (afterwards l'rince) Harden berg. After having been educated at the gymnasium called Das Graue Kloster' (the Grey Cloister), iu his native town, Gans entered the University of Berlin, in 1816, as a student of law. In the following year be went to Giittingen, and there, at the ago of nine teen, obtained the prize for the best answer to the question proposed by the faculty of law on the history and the civil and political laws of the island of Rhodes : the dissertation which he wrote on the subject was printed at the expense of the faculty. In 1818 he left Gottingen, and went to Heidelberg, where he enjoyed the friendship and esteem of 'Thibaut the jurist and Hegel the philosopher, and his intercourse with these celebrated men bad a lasting influence on his literary pursuits. At lIeidelberg he wrote several articles for the Civilistisches Archiv ' edited by Gensler, Thibaut, and Mittermaier ; and the Zeitschtift fur die Wiescuschaft des Judenthums,' in which he gave eminent proofs of his talents and learning. He took the degree of doctor in law in 1819, in the same university, and there also published a little work 'Ueber Riitnisches Obligationen-Recht: In 1820 Gans returned to Berlin, was admitted by the university as publio lecturer on law, and In the same year published a work which created general sensation, namely, Scholieu sum Gajus: The first complete edition of Gaius, by Gamlen, only came out in the following year, 1521, but the printing was begun as early as 1319: the printed Onsets were distributed *inane the friends of the editor, and parts of the ' Institutes of Gains' bad already appeared, and were commented upon In several learned reviews in Germany. The first in rink among the earlier commentators were Sasigny and Goodson, and it was principally against their opinions that Gaus took the field In Isle 'Scholieu. fie was rather rash in publishing his Observations' at so early a period, and on the whole the work is soperficiid; but it contains some profound remarks, and shows the solid knowledge which the youthful author had acquired of the his torical part of the Roman Law. The learned public in general con aidered it a most valuable work, and they were certainly not wrong in jodeng it favourably. Gana met of course with many distinguished
opponents ; and those who could not defeat him on the dead of science traduced his character by styling his work the attempt of an insolent and solfoonceited youth to overthrow the authority of his masters. Gans was not discouraged : he entered into a closer alliance with Hegel and Thibaut, who, with Feuerbach, Grolimann, and other dis tinguished jurists, were the originators of the school of philosophical jurisprudence, of which young Gana soon became one of the most eminent leaders. Their principal aim was, and still is, to explain the nature of law and its bearing upon the past as well as the future, through the medium of philosophical ideas, and to show Its connection with the moral, social, and political progress of mankind; and it cannot be denied that they exercised a beneficial influence upon legislation, the bar, and the judicature. Many of their followers how ever were misled by the influence of some favourite system of meta physics; forgetting that every law is, or at least ought to be, the product of some national want, they published legal commentaries tit to puzzle at once the most plain and straightforward judge and the most sophistical advocate ; and it was apprehended that if they should ever obtain a complete ascendancy over legislation, Germany would be blessed with a new edition of Plato's 'Republic,' rather than with a new code and a constitution answering the wishes and the wants of the people. The historical school, on the contrary, cared little for the political or social progress of the people. Their attention was chiefly directed to the past ; and, satisfied with having discovered the historical development of laws, they were prouder of having added to the knowledge of obsolete, forgotten, or obscure things than to the knowledge of modern law, however great might be its practical importance. It was apprehended that, if the historical school should become the director of legislation, they would reduce Germany to slavery, since the feudal system, though oppressive, and the Justinian law, though the result of absolutism, wero both regarded with favour by them as being completely developed ' historical' productions. On the whole, the philosophical school found more adherents among practical lawyers, and the historical school among learned lawyers, scholars, and antiquarians.