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Fuchs, Ernst (1859–1929)

Ernst Fuchs, born in Weingarten, Germany, was an important author and member of the Mannheim bar. He was a leader among progressive jurists who sought new approaches in legal methodology in Germany at the beginning of the twentieth century. Rejecting the traditional Pandectist approaches dominant at the time, Fuchs looked to the newly emerging social sciences for inspiration.

Fuchs was a pioneer in the Freirechtsschule or Free Law School, which promoted a maximum of justiceoriented flexibility for judges in applying positive rules of law. Claiming flaws in positivism and conceptualism, free law thinkers, led by Fuchs, encouraged judges to apply a number of interpretive strategies. Acknowledging gaps in the existing law, Fuchs promoted the use of analogies to cases covered by other provisions of the law, ...

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