| Description |
1 online resource (99 pages) |
|
text txt rdacontent |
|
computer c rdamedia |
|
online resource cr rdacarrier |
| Series |
Recht und Philosophie, 2509-4432 ; Band 10 |
|
Recht und Philosophie ; Bd. 10.
|
| Language |
In German with summaries in English and German. |
| Bibliography |
Includes bibliographical references and index. |
| Summary |
The study opens up Georg Wilhelm Friedrich Hegel's codification theory for current legal theoretical discussions. It shows that Hegel's statements on the dispute over the possibilities of systematizing civil law - which is still largely associated with the protagonists Friedrich Carl von Savigny and Anton Friedrich Justus Thibaut - should not be understood simply as time-related invectives. Rather, they are closely linked to Hegel's legal-philosophical program: In Hegel's view, the drafting of a formally and materially general code of law is the basis of freedom, legal system formation is the task of philosophy, his basic principles of the philosophy of law are an example of the thinking comprehension of legal material that one Codification must be based. The philosophical timelessness of the requirements that Hegel places on a codification project ultimately allows statements to be made about current system-building attempts at the level of the European Union. In particular, Hegel's theory can be seen as an encouragement to use legal-philosophical systematization to contribute to the search for uniform structures on the basis of which a unifying narrative can unfold.»Time understood in laws. Hegel and the Codification of Law«: The thesis analyzes Georg Wilhelm Friedrich Hegel’s contribution to the German codification debate in the 19th century and its potential for a modern theory of codification. According to Hegel, codification means abstraction and system formation based on the actual, with respect to the reasonable law. On this basis, codification is a constant process and as much a requirement of a civilized society of free citizens as it is a contribution to its realization. |
| Access |
Open Access EbpS |
| Subject |
Hegel, Georg Wilhelm Friedrich, 1770-1831.
|
|
Hegel, Georg Wilhelm Friedrich, 1770-1831 https://id.oclc.org/worldcat/entity/E39PBJjhyXcjqGcXKyp9GC4KBP
|
|
Law (Philosophical concept)
|
|
Loi (Philosophie)
|
|
LAW -- Natural Law.
|
|
Law (Philosophical concept)
|
| ISBN |
9783428584871 (electronic bk.) |
|
3428584872 (electronic bk.) |
|
