David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Journal for General Philosophy of Science 21 (2):259 - 273 (1990)
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|
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