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Why did German legal scholars delay the creation of a national civil code during the 19th century?

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Mosaic portrait of Emperor Justinian I with a jeweled crown and halo, from the 6th-century Basilica of San Vitale in Ravenna, Italy. — Civil law Justinian I, detail of a 6th-century mosaic at the Church of San Vitale, Ravenna, Italy.

During the 19th century, the creation of a national civil code in Germany was significantly delayed by intense scholarly debate regarding the necessity and nature of such a project.1

The primary opposition was led by Friedrich Karl von Savigny, a founder of the historical school of jurisprudence. In his 1814 pamphlet, Vom Beruf unserer Zeit für Gesetzgebung und Rechtswissenschaft, Savigny argued that law is not a product of arbitrary legislative will but an organic growth rooted in the Volksgeist (national spirit) of a people. He believed that a premature, rationalist codification—such as that proposed by A.F.J. Thibaut—would stifle the natural evolution of law and lacked the necessary historical foundation.23

This philosophical conflict between the historical school and proponents of rationalist natural law created a stalemate. Furthermore, the lack of a unified political structure until the formation of the Reich in 1871 prevented the implementation of a national program. Codification only proceeded after political unification allowed for the establishment of commissions to reconcile the diverse local customs and existing codes.231