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In the first volume, Savigny treated the history of Roman law from the breaking up of the empire until the beginning of the 12th century. According to Savigny, Roman law, although considered dead, lived on in local customs, in towns, in ecclesiastical doctrines and school teachings, until it once again reappeared in Bologna and other Italian ...
The German historical school was divided into Romanists and the Germanists. The Romanists, to whom Savigny also belonged, held that the Volksgeist springs from the reception of the Roman law, while the Germanists (Karl Friedrich Eichhorn, Jakob Grimm, Georg Beseler, Otto von Gierke) saw medieval German law as the expression of the German ...
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Savigny thus included legal relations between persons and things, but did not consider the relations between persons and governments to be legal relations. Under Savigny's system, the question of choice of law became a question of which country was the seat of the relevant legal relationship (Sitz des Rechtsverhältnisses). [12] [13]
Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote liberty. [1]
In the philosophy of law, virtue jurisprudence is the set of theories of law related to virtue ethics.By making the aretaic turn in legal theory, virtue jurisprudence focuses on the importance of character and human excellence or virtue to questions about the nature of law, the content of the law, and judging.
Analytical jurisprudence is a philosophical approach to law that draws on the resources of modern analytical philosophy to try to understand its nature. Since the boundaries of analytical philosophy are somewhat vague, it is difficult to say how far it extends. H. L. A.
Theoretical legal positivism is a cluster of theories about the nature of law related to a "statalist" conception of law. [10] They include the theory that the law is a set of commands issued by the sovereign authority, whose binding force is guaranteed by the threat of sanctions (coercitive imperativism); a theory of legal sources, in which ...