Kloof Booksellers & Scientia Verlag

ISBN 9783428022359

Uitgever Berlin : Duncker & Humboldt, 1970. Paperback. 138 pp. 24 cm. (Schriften zur Rechtstheorie, Heft 23). Conditie: goed

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Meer info Conditie: goed. RECHT

Extra informatie - This work tries to follow up Niels Nikolaus Falck's (1784-1850) fundamental contribution, first published in 1821, to the development of a positive jurisprudence next to the historical school. Above all, from this point of view, an attempt should be made to decipher how the ideas of the historical school of by Savigny of rational law "philosophy" and "Empire", Romanistc and Germanistic studies are mainly related to the methodological position of the legal teacher in the early 19th century. The debate about the object and the conditions of a methodical jurisprudence also includes the problem of the relationship between jurisprudence and the "reality" of law, i.e. the question of legal formalism. Recent investigations into the origin of legal formalism from the historical school have revealed changes in the image of the historical school of law. The characteristic criteria of its methodological program and its legal-theoretical foundations have emerged in a sharper profile, as have the connecting lines to the preceding epoch In addition to the historical school, however, another model of an autonomous, at the same time "positive" and "philosophical" legal science seems to have been conceived within the framework of the new application of jurisprudence around 1800, which has so far been little researched in individual studies.