Begriff und System des Rechts bei Georg Friedrich Puchta
1. Edition 2009
Beiträge zu Grundfragen des Rechts -
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This volume enquires into Georg Friedrich Puchta’s definition of law and his view of the functions of lawyers in terms of legal knowledge and the application of the law. The author thereby leaves out the stereotype evaluations known under the keyword “Begriffsjurisprudenz” (“conceptual jurisprudence”) and includes the formative intellectual debates and conceptions of his time.
Setting out from Puchta’s notion of truth and science, which has its roots in convictions prior to legislation, the basic terms of his understanding of law are developed. The study thereby focuses on his theory on the sources of law, which is guided by the central role of Ancient Roman jurists, as well as the major relevance of the system of subjective rights, which is immanent to the whole legal system and is traced back to history and Reason.It becomes clear to what extent Puchtas legal thought is arising from prevailing circumstances and to what extent it also bears future-oriented elements.