Between the philosophical and the historical schools stood and still stands the school of positive jurisprudence, which comprehends all such jurists, mostly practical lawyers, as write on law with a practical view, the labours of tho other two schools being rather of a theoretical character. One of the moat distinguished positive jurists is Solomon Philip Gees, an advocate of the supreme court at Cello in Hanover, and the author of several excellent works and treatises on law, and who ought not to be confounded with his late kinsman, Edward Gans. In the scientific etrugglo between the philosophical and the historical school Edward Gams was better enabled to take a leading part, as he had a profound knowledge of the history of the Roman law, combined the qualities of a scholar with those of an eloquent and aeuto advocate, and could consequently attack his opponents with success on the very field where they thought themselves invincible. His first attack, as already said, was contained in the ' Scholia' to Gains. The second was Das Erbrecht in weltgeschichtlichor Entwickelung,' Berlin, Stuttgart, and Tubingen, 4 vols. 8vo, 1824-35 (the Law of Succession, its histo rical development, and its importance for the history of the world), by which he placed himself among the first jurists of Germany. In this splendid work tho author treats on the law of succession of the moat eminent Bathing of the world, ancient and modern, European, American, and Asiatic, oven those of the Chinese, and shows how the alterations which the law has gradually undergone are combined with the history of the nations, and their advance towards eooial and political perfection. In 1825 Gans was appointed professor extraordi neritua and some years afterwards professor ordinaries at the university of Berlin. The latter dignity is not bestowed upon Jews in Prussia, but Gang had adopted the .Christian religion at Hamburg come time previous to his appointment. In 1826 ho published 'System des It-Oinischen Cisilltechts' (' System of the Roman Civil Law'), and founded a now review, of which Berlin stood in great need, the JahrbUcher filr wissemichaftliehe Critik' (' Year-H)oke for Scieutifie Criticism '). After the outbreak of the French revolution in 1830 he went to France, a country which he had already visited previously, as well as England; and his fame being already established In France, be was well received by the most eminent men in l'aria, among shorn be preferred those who stood at the head of the great political move ment. From France Le went to England. The Prussian government now became suspicious, and cot spies upon him, who reported every word they could catch. Ou his return to Berlin he began a MIMe of lectures on modern history in the university, and his learning, eloquence, wit, and liberal principles attracted an immense crowd nut only of students, who alone are entitled by law to attend the lectures delivered In the German universities, but of public) functionaries, advocates, ofileers in the army, and others who endeavoured to get and actually got admisaion. Ile lectured in the largest room of the university, which was not only full to suffocation, but hundreds of gentlemen were seen standing outside, in the hall and in the great court, In spite of a very severe winter (1832-33), and all eager to learn from their friends inside the subject of the lecture, or the spirited observations of the lecturer. This was a capital opportunity fur the
anemia.. of Gans to denounce him to the Prussian government as a demagogue; and after some time the government compelled him to give up his lectures, on the pretext that he, being a professor of law, had no right to deliver lectures ou history, Little discouraged by this cheek, Gans introduced subjecte connected with modern history into his lectures on law; and the Prussian government, dreading his sharp tongue as well as his principles, now commenced a system of annoy ance and potty persecution against him, in which it was well assisted by the numerous enemies of the professor, and widish embittered his life, and undoubtedly contributed to his untimely death. In the following years Gans published Vorlealingen ilber die Gest:Licht° der letzten fdofzig Jahre ' (' Lectures on the History of the Last Fifty Years '), in Raumer's 'Historieches Tnechenbuch for 1S33 and 1834; Vermiachte SchrifIca joriiitischen, historischeu, etaatawissonachaft lichen and iiethetischen luhalts ' (' Miscellaneous Writings on Juris prudence, History,' &o.), Berlin, 1S34, 2 vole. 8vo ; Reckblicke ant Per-onen and Zustiinde' (' Retrospective View of Individuals and Events '), Berlin, 1836 ; 'Grundlage des Besitzes' (' The Basis of Possession'), Berlin, 1839, an attack upon Savigny's celebrated work ou the ' Law of Possession among the Romans.' Most of his time he devoted to a complete edition of the works of Hegel, those that were published already, and those which Hegel left partly unfinished in manuscript, especially on Iregel'e Philosophy of History ; and without Gans the world would perhaps never have seen a complete edition of Hegel, he being, according to Ilegel's own words, the only man who thoroughly understood his great but obscure master. On the 1st of May 1839, while dining with a friend, Gans fell soddenly speechless from his chair, being struck by apoplexy; after lingering a few days, he died on the 5th of the same month.
Gaus was one of the most learned, most witty, and most eloquent men of Germany; distinguished as an author and unsurpassed as a lecturer. His fame would have been still greater had he had an opportunity of displaying his talents on the political stage. No man was hie equal iu controversy : he confounded the most skilful of his adversaries by his sarcastic replies. Those whom he wounded deepest and spared least were men of acknowledged authority, or of high rank or birth, and among them he had his bitterest enemies. Ile belonged to those highly-gifted Jews, his contemporaries, who held, or still hold, such an eminent rank among the learned, the poets, and the artists of Germany, as Ileine the poet, Borne the political writer, Mendelesohn the composer, Michael Behr the poet, his brother Meier Behr, com monly called Meyerbeer the composer, and many more. Gans's suc cessor as professor of law in the University of Berlin was Dr. Stahl, a man of ultra-monarchical principles, and a disciple of Haller, the author of the ' Restoration of Political Science.' (Neuer Nekrolog tier heutselien; Allgemeine Zcilung (Supplement) of 1839, No. 132; Conrer,ation-Lericon der Gegenwart.)