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June 27, 2019 Comments Off on Common Law

It is because of his belief in immutable and eternal principles that govern reality. That, given his belief in that law is shaped by silent, secret, inscrutable forces which can only be apprehended by intuitive processes, not the reason.7 In Germany the reaction was stronger than that in any other place and was expressed not only in the field of law and philosophy, but in the arts, poetry, literature, etc.; with a romantic, antirracionalista and irrational, strength with deep nationalistic draught. Product of all this was the historical school, with its three top exhibitors in Germany, GUSTAVO HUGO, FEDERICO CARLOS DE SAVIGNY, JORGE PUCHTA and RUDOLF VON JHERING; your representative for excellence in England, EDMUNDO BURKE, and its exponent, in France, most notorious although not very convinced EUGENE LERMINIER. GUSTAVO HUGO (1764-1844). It is responsible for formulating by first time around the initial sketch of historicist ideology, especially in his two works MANUAL of law NATURAL as a philosophy of the positive law and are the laws the unique sources of rules legal? He argues that the law has been formed in different scenarios of the legislative authority (custom, Common Law and Praetorian law); that law arises from society without that mediate contract and without that willingness to impose divine, similarly to what happens with the language. I.e.

According to the formula of Hugo, the right is created slowly, gradually, to root of own problems, needs and of course own uses of the people, that are an indication to people how to fix their situations with a clearly identifiable background with legal. The law makes himself with styling hand of the people. FEDERICO CARLOS DE SAVIGNY (1779-1860). This professor at the University of Berlin was, as it is well known, disciple of Hugo. From him he learned the bases of this way of thinking that developed in detail and that he did know in world of the intellect.

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