Théorie générale du droit.

Door: Dabin, Jean.


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  • Uitgever: Bruxelles : Émile Bruylant,1944. Contemp. cloth binding. viii,276 pp. Paper browning (as usual). Conditie: goed
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  • Details: Conditie: goed. RECHT
  • Extra informatie: - First edition. Owner's stamp on title-page. Critical analysis of the concept of general theory of law. Jean Dabin (1889-1971) was specialized mainly in civil law, since he was a civilist by training. He extended his writings to the theory or philosophy of law and even public law and legal philosophy. He refused to be called a 'philosopher of law', because he does not want to elevate the law to a philosophical level being afraid of distorting it. He therefore leaves the task to philosophers to deal with the philosophy of law and not to jurists. Jean Dabin opposes the concepts of 'general theory of law' and 'natural law'. Indeed he considers the first as a non-precise analysis of the science of law, and the second as simple morality. He affirms a positivist vision, that is to say that the law is purely constructed by the hands of man, even if Jean Dabin integrates into his positivist vision "pre-juridical" elements, that is to say morality or political natural law.He thus represents the State with a monolithic and very positive vision - [C'est-à-dire? (That's to say ?)] The latter still retains a pluralist vision, rooted in philosophy, history, and even Catholicism.
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