The Elgar Companion to Law and Economics
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The Elgar Companion to Law and Economics

Edited by Jürgen G. Backhaus

This authoritative and comprehensive reference work introduces the reader to the major concepts and leading contributors in the field of law and economics. The Companion features accessible, informative and provocative entries on all the significant areas and breaks new ground by bringing together widely dispersed but theoretically congruent ideas for the first time.
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Chapter 41: Gustav von Schmoller (1838-1917)

Helge Peukert


Helge Peukert The man and his time Schmoller, the main representative of the younger German Historical School, was born on 24 June 1838 in Heilbronn, where his father had been Karneralvenvalter of the Wurttembergische fiscal interests since 1833, a family tradition deeply influencing young Schmoller and which goes back to 1651, when an ancestor became a public servant. After finishing Gymnasium in Stuttgart in 1856, he stayed for one more year in the office of his father, learning a lot about financial and administrative law. In 1857, he began to study financial, state and administrative law at the University of Tubingen as the start of a career as a civil servant. Furthermore, he attended lectures in philosophy, history (under Duncker) and even the natural sciences (for his biographical background, see Balabkins, 1988, chs 1-4; Kaufhold, 1988). The combination of economics (called ‘national economics’ at the time) and history is already manifest in his first major scientific undertaking ‘Untersuchungder volkswirtschaftlichenAnschauungen zur Reformationszeit’, written in 1860. It is a study of the economic conceptions of the Reformation period, with which he won first prize in a competition and for which he was awarded his PhD. In this study the main question of his intellectual life already played a major role: the tension between the necessity of an individual sphere and a strong, market-regulating state. The second part of his time as junior barrister he passed at the Wurttembergische statistical office headed by his brother-in-law, G . Rumelin, a friend of his father. He...

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