Jurisprudence of concepts
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The jurisprudence of concepts was the first sub-school of legal positivism,[1][2] according to which, the written law must reflect concepts, when interpreted.[3] Its main representatives were Ihering, Savigny and Puchta.
This school was, thus, the preceding trigger of the idea that law comes from a dogmatic source, imposition from man over man and not a natural consequence of other sciences or of metaphysical faith.
Among the main characters of the jurisprudence of concepts are:
- formalism, search of rights in written law
- systemisation
- search for justifying specific norm with basis from more generic ones.[4]
So, according to this school, law should have prevailing sources based upon the legislative process, although needing to be proven by more inclusive ideas of a social sense.
See also
- Jurisprudence of values
- Jurisprudence of interests
- Philosophy of law
- Legal positivism
- Legal naturalism
- Hermeneutics
References
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- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ that means that the interpretation of the words stated in the law must be guided by the scientific concepts that these words represent.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
