The German “modern use” of the Digest

In Germany, unlike in France, jurists deeply influenced by Dutch jurists approached Roman law in a more practically oriented way, which is called usus modernus Pandectarum (“the modern use of the Digest”).

The usus modernus constituted a new step in the development of legal theory in Europe. In some sense, usus modernus refreshed the mos italicus of the Italian commentators while taking advantage of the quality of learning and style provided by the mos gallicus. The modern jurists were able to harmonize the positive law of Germany with the Roman texts. They applied Roman texts to legal problems that the Romans certainly did not consider and submitted Roman law texts to critical scrutiny. In some cases, the jurists who applied usus modernus concluded that rules of Roman law did not fit modern conditions and that, instead, the application of canonical rules or particular laws was preferable.

In addition to Samuel Stryk (1640-1710), notable jurists of the usus mod­ernus included Benedict Carpzov (1595-1666), Hermann Conring (1606-81), David Mevius (1609-70), Georg Adam Struve (1619-92), Johannes Voet (1647-1713), Augustin Leyser (1683-1752), and Justus Henning Bohmer (1674-1749), among others.