Graduate studies at Western
Journal for General Philosophy of Science 21 (2):259 - 273 (1990)
|Abstract||Some notices to Thibaut's Science of Pandects. For A. F. J. Thibaut, the main concern was a "philosophical" approach to the interpretation and systematization of the positive Roman Law in his time. In his eyes, the object of a subjective right is an action, not a thing or person. Therefore he was cautious not to use abstractions, definitions, and deductions from "dreamt" postulates. Regarding the logical texture of an institute of private law as a "Gestalt", it follows that the "equity of the reason," of a law, for different cases, is the same thing as that "Gestalt". The "philosophical" interpretation of a law is then an interpretation in respect to its "Gestalt". Although Thibaut's main concern was the interpretation of the positive Roman Law in his time (the "Gemeinrecht") he did not disregard the history of Roman Law before and especially after Justinian|
|Keywords||Gestalt Gleichheit des Grundes Handlung Kennzeichnung Natur der Sache Naturrecht philosophische Geschichtsschreibung ratio legis Rechtsgeschichte Typus|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Chris Korsgaard (2013). Personhood, animals, and the law. Think 12 (34):25-32.
David-Hillel Ruben (1972). Positive and Natural Law Revisited. The Modern Schoolman 49 (May):295-317.
Andrei Marmor (ed.) (1995). Law and Interpretation: Essays in Legal Philosophy. Oxford University Press.
John W. Martens (2003). One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law. Brill Academic Publishers.
Kent Greenawalt (2010). Legal Interpretation: Perspectives From Other Disciplines and Private Texts. Oxford University Press.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
Patrick J. Glen, Why Plessy/Brown and Bowers/Lawrence Are Correct: Thomistic Natural Law as the Content of a Moral Constitutional Interpretation.
Max Hamburger (1965). Morals and Law. New York, Biblo and Tannen.
Joseph Raz (2009). Between Authority and Interpretation: On the Theory of Law and Practical Reason. Oxford University Press.
Jürgen V. Kempski (1990). Notizen Zu A. F. J. Thibauts PandektenwissenschaftSome Notices to Thibaut's Science of Pandects. Journal for General Philosophy of Science 21 (2):259-273.
Sorry, there are not enough data points to plot this chart.
Added to index2009-01-28
Total downloads1 ( #292,723 of 739,671 )
Recent downloads (6 months)0
How can I increase my downloads?