A Chapter of the Triumph of the State? The First German Legal Positivism and the Centralization of Law
| Autor: | Manuel Jesús Rodríguez Puerto |
|---|---|
| Rok vydání: | 2015 |
| Předmět: |
media_common.quotation_subject
Computer Science::Social and Information Networks Physics::History of Physics language.human_language Power (social and political) German Politics Geography Legal positivism State (polity) language Monopolization Cartography Humanities Positivism Special position media_common |
| Zdroj: | Persona y Derecho. :115-146 |
| ISSN: | 2254-6243 0211-4526 |
| DOI: | 10.15581/011.70.115-146 |
| Popis: | One of the main features of modern State is the monopolization of law. And in the theoretical grounds for that, Legal Positivism has a special position. Usually positivists have been seen as authors who identify law with the will of the State. It is assumed that they are interested only in the observation of facts related with the origins of law, and consequently that they identify law with political power as a fact. The aim of this paper is to show the opinion of some early 19th century German lawyers, considered positivists, about the state monopolization of law. And the sources show that political absorption was not admitted by all of those lawyers. |
| Databáze: | OpenAIRE |
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