Examkin

Question

Difficulty: HardFunction of Detail in Context

Read the following excerpt from an essay on nineteenth-century jurisprudence:

In the aftermath of the Napoleonic Wars, German jurist Anton Friedrich Justus Thibaut published a famous 1814 manifesto calling for the immediate creation of a unified civil code across all German states. Thibaut argued that a standardized statutory code would eliminate the chaotic patchwork of regional customs and obsolete Roman doctrines, thereby fostering national unity and commercial efficiency. In response, Friedrich Carl von Savigny published his counter-treatise, On the Vocation of Our Age for Legislation and Jurisprudence, inaugurating the Historical School of Law. Savigny countered that law is not an arbitrary set of universal abstractions that can be manufactured at will by legislators, but rather an organic expression of a people's historical consciousness—its Volksgeist (spirit of the people)—comparable to its language, grammar, and folklore. To illustrate his claim, Savigny drew an analogy to organic language acquisition: just as artificial universal grammars fail because spoken idioms evolve through centuries of shared communal usage, statutory codes imposed before legal scholars have thoroughly analyzed historical juristic traditions inevitably ossify jurisprudence and sever law from living social customs. Although later critics pointed out that Savigny's veneration of historical continuity neglected the pressing regulatory demands of rapid industrialization, his critique successfully delayed comprehensive German codification until the enactment of the Bürgerliches Gesetzbuch in 1900.

Based on the excerpt, match each cited textual detail on the left with the specific rhetorical function it serves in the author's analysis on the right.

  • Thibaut's 1814 manifesto advocating an immediate, unified civil codeIdentifies the historical catalyst and opposing reformist thesis that prompted Savigny's theoretical response
  • The analogy comparing legal evolution to organic language acquisitionProvides an explanatory parallel to substantiate the claim that enduring legal systems require gradual communal evolution rather than top-down imposition
  • The observation regarding the neglected regulatory demands of rapid industrializationAcknowledges a substantive limitation and subsequent critique of the Historical School's conceptual framework
  • The reference to the eventual enactment of the Bürgerliches Gesetzbuch in 1900Demonstrates the tangible, long-term historical impact and delaying power of Savigny's argumentative intervention

Answer

Thibaut's manifesto matches the identification of the historical catalyst and opposing reformist thesis; the language acquisition analogy matches the explanatory parallel substantiating organic communal evolution; the note on industrialization demands matches the acknowledgment of a substantive limitation in the Historical School's framework; and the 1900 Bürgerliches Gesetzbuch matches the demonstration of the tangible long-term impact and delaying power of Savigny's critique.
Each textual detail corresponds directly to its functional purpose within the dialectical structure of the passage: the 1814 manifesto frames the opposing position that triggered the debate; the linguistic analogy serves as an explanatory model for organic development; the note on industrialization concedes a historical limitation of the theory; and the reference to the 1900 code establishes the practical longevity of Savigny's influence.

Step-by-Step Solution

1
Analyze the structural role of Thibaut's 1814 manifesto in the opening sentences.
It introduces the initial pro-codification stance that provoked Savigny's counter-treatise.
Details at the beginning of an intellectual debate passage often set the dialectical stage and context.
2
Determine why Savigny invokes the parallel between law and language acquisition.
It functions as an illustrative analogy demonstrating how complex cultural systems evolve naturally from community practice rather than artificial construct.
The text explicitly introduces this detail with 'To illustrate his claim, Savigny drew an analogy'.
3
Evaluate the rhetorical purpose of mentioning the regulatory demands of industrialization.
It serves as a counterpoint or critical qualification of Savigny's theory, showing where subsequent scholars found it inadequate.
The framing word 'Although' signals a concession and acknowledgment of a valid critique.
4
Assess why the author concludes with the 1900 enactment of the Bürgerliches Gesetzbuch.
It establishes the practical historical outcome and testament to how long Savigny's critique held sway.
It quantifies the temporal impact of Savigny's intervention on German legal history.

Key Concept

Function of Detail in Context
Estimated Time:2m 0s
Rate this question

Topics

Function of Detail in Context

More questions from this topic