himself to efforts for the improvement of his dominions that won for him the title of le Bon. He died at Pampeluna on the 14th of July 1253.
Thibaut was the most popular of all the 13th century songwriters, and his work is marked by a grace and sweetness which he owes perhaps in part to his association with the troubadours of the south. He is said to have set his own songs to music. It seems doubtful whether the notes that have come down to us can with justice be attributed to him, but there is no contesting the musical quality of his verse. His fame spread beyond the Alps, and Dante admired his poetry. He was one of the most celebrated authors of jeux-partis, elaborate discussions between two interlocutors, usually on the subject of love.
His works were edited in 1851 by P. Tarbé in his Chansonniers de Champagne.
THIBAUT, ANTON FRIEDRICH JUSTUS (1774-1840), German jurist, was born at Hameln, in Hanover, on the 4th of
January 1774, the son of an officer in the Hanoverian army,
of French Huguenot descent. After passing his school-days in
Hameln and Hanover, young Thibaut entered the university
of Göttingen as a student of jurisprudence, went thence to
Königsberg, where he studied under Kant, and afterwards to
Kiel, where he was a fellow-student with Niebuhr. Here,
after taking his degree of doctor juris, he became a
Privatdozent. In 1798 he was appointed extraordinary professor of
civil law, and in the same year appeared his Versuche über
einzelne Theile der Theorie des Rechts (1798), a collection of
essays on the theory of law, of which by far the most important
was entitled Über den Einfluss der Philosophie auf die Auslegung
der positiven Gesetze, wherein he sought to show that history
without philosophy could not interpret and explain law. In
1799 was published his Theorie der logischen Auslegung des
römischen Rechts, one of his most remarkable works. In 1802
he published a short criticism of Feuerbach's theory of criminal
law, which recalls in many ways the speculations of Bentham.
The same year appeared Über Besitz und Verjährung, a treatise
on the law of possession and the limitation of actions. In 1802
Thibaut was called to Jena, where he spent three years and
wrote, in Schiller's summer-house, his chief work, System des
Pandektenrechts (1803), which ran into many editions. The
fame of this book depends before all else upon the fact that it
was the first modern complete compendium of the subject,
distinguished alike by the accuracy of its sources and the
freedom and unpedantic manner in which the subject is handled.
It is, in effect, a codification of the Roman law as it then obtained
in Germany, modified by Canon law and the practice of the
courts into a comprehensive system of Pandect law. At the
invitation of the grand-duke of Baden he went to Heidelberg
to fill the chair of civil law and to assist in organizing the
university; and he never quitted that town, though he received
in after years, as his fame grew, invitations to Göttingen,
Munich and Leipzig. His class was large, his influence great;
and, except Gustav Hugo and Savigny, no civilian of his time
was so well known. In 1814 appeared his Civilistische
Abhandlungen, of which the principal was his famous essay, the parent of so much literature, on the necessity of a national code for
Germany (vide infra). In 1819 he was appointed to the upper
house of the newly constituted Baden parliament. He was
also made member of the Scheidungsgericht (divorce court).
In 1836 Thibaut published his Erörterungen des römischen
Rechts. One of his last works was a contribution in 1838 to the
Archiv für die civilistische Praxis, of which he was one of the
editors (see below). Thibaut married, in 1800, a daughter of
Professor Ahlers of Kiel. He died after a short illness, at
Heidelberg, on the 29th of March 1840.
Thibaut, a man of strong personality and manly consistent nature, was much more than a jurist: he deserves to be remembered in the history of music. Palestrina and the early composers of church music were his delight; and in 1824 appeared anonymously his work, Über die Reinheit der Tonkunst, in which he eulogized the old music, and especially that of Palestrina. He was an ardent collector of old compositions, and often sent young men to Italy, at his own expense, to discover interesting musical manuscripts. Among the masters of German prose, too, Thibaut holds no mean place. His style is simple and manly, but rich in the happy accidents of expression which come only to true artists.
Most of Thibaut's works have already been mentioned, but his essay on the necessity of a code for Germany (Über die Nothwendigkeit eines allegemeinen burgerlichen Rechts fur Deutschland), which was inspired by the enthusiasm of the war of Liberation and written in fourteen days, deserves further notice. Thibaut himself explained in the Archiv für die civilistische Praxis, in 1838, the origin of this memorable essay. He had realized the change denoted by the march of German soldiers to Paris in 1814, and the happy future opened up for Germany. The system of small states he hoped and believed would continue; for the big state he considered crushing to the life of the individual and harmful as concentrating the “warm life” of the nation in one central point. In his judgment the only unity practicable and needful for Germany was that of law; and for this he urged all the German governments to labour. The essay was as much a condemnation of the entire state of jurisprudence as an argument for codification; it was a challenge to civilians to justify their very existence. Savigny took up the challenge thus thrown down; and a long controversy as to points not very clearly defined took place. The glory of the controversy belonged to Savigny; the real victory rested with Thibaut.
The framers of the new German civil code (bürgerliches Gesetzbuch) in 1879 were indebted for the arrangement of their matter in no small degree to Thibaut's method and clear classification, but beyond this, the code, based on the common law of the several German states, which was adroitly blended by the usus pandectarum into an harmonious whole, does not reflect his influence. He was one of the earliest to criticize the divisions found in the Institutes, and he carried on with Gustav Hugo a controversy as to these points.
In modern German legal literature Thibaut's influence is not very perceptible. Even at Heidelberg it was quickly superseded by that of his successor, Karl Adolf von Vangerow (1805-1870), and in Germany his works are now little used as text-books. But those best able to judge Thibaut have most praised him. Austin, who owed much to him, describes him as one “who for penetrating acuteness, rectitude of judgment and depth of learning and eloquence of exposition, may be placed by the side of von Savigny, at the head of all living civilians.”
For further information as to Thibaut's life and work, see Baumstark, Thibaut, Blätter der Erinnerung (1841); Karl Hagemann, Aus dem Leben H. F. J. Thibaut, mit Correspondenz, in die Preuss. Jahrbücher (1880); Teichmann, in Holtzendorff's Rechtslexikon; and E. Landsberg, in Allgemeine Deutsche Biographie, vol. 37.
THIBAW, or Hsipaw, one of the Northern Shan States of Burma. It is called by the Shans, and officially, Hsipaw, and
also frequently Ông Pawng (the name of an old capital). It
includes four states — Thibaw, the main state, and the substates
of Möng Lông, Möng Tung and Thonzè (or Hsumhsai).
The whole state has an area of 5086 sq. m., and the population
in 1901 was 104,700. The main state lies on the geological
fault which runs east and west across the Shan States, from the
Salween at Kunlông and beyond to nearly the rim of the Shan
tableland at Gôkteik. It is therefore broken up into a mass
of not very well-defined ridges and spurs, crossing and re-entering.
The chief plain land is in the valley of the Nam Tu
(Myit-ngè), near Thibaw town, and the valley or strath of the
Pyawng Kawng, Nawng Ping neighbourhood. Elsewhere the
valleys are insignificant. The hills on the Möng Tung border
reach their highest elevations in the peaks Loi Pan (6848 ft.)
and Loi Htan (6270 ft.). To the north-west of Thibaw town,
on the Tawng Peng border, Loi Lam rises to 6486 ft. The
valley of the Nam Tu marks the lowest point in the state at
Thibaw town, about 1400 ft., and rises on the east in Möng
Tung to a plain level of about 2500 ft., and on the west in
Möng Lông to a confused mass of hills with an average height
of 4500 ft., broken up by the Nam Yawn and Nam Kaw valleys,
which are about 3000 ft. above mean sea-level.
The chief river is the Nam Tu or Myit-ngè, also frequently called by its classical name the Dôktawadi. The main stream rises in the Salween-Irrawaddy watershed, and is enlarged by considerable tributaries. At Thibaw town it is 250 yds. wide and about 8 ft. deep, with a fairly strong current. The Nam Tu is navigable only in local stretches, and between Thonzè and Lawksawk (Yatsauk) it flows through a gorge between cliffs 3000 to 4000 ft. high. At the gorge of Hoküt (Ngôkteik) the Nam Htang and the Nam Pasè unite to form the Nam Küt, which passes into the ground at the natural bridge where the Mandalay-Kunlong railway crosses the gorge, and reappears to join the Nam Tu. The bed of the Nam Küt is about 1500 ft. below the general leyel of the country. Coal is found at various places in the state, but is not of very high quality. Salt-wells are worked by the inhabitants of Mawhkio (Bawgyo) about 7 m. from Thibaw town. The average maximum temperature at the beginning of April is about 96°, and the minimum
