Considerations regarding the influence of German idealism on the legal system. Evolutions and interactions Cover Image

Considerații privind influența idealismului german asupra sistemului dreptului. Evoluții și interacțiuni
Considerations regarding the influence of German idealism on the legal system. Evolutions and interactions

Author(s): Claudiu Ramon Butculescu
Subject(s): Philosophy of Law
Published by: Editura Hamangiu S.R.L.
Keywords: natural law; legal positivism; German idealism; EU law; General Systems Theory;

Summary/Abstract: This paper tackles the issue of German idealism as a school of thought in law and analyses it in opposition to natural law and legal positivism. Within German idealism, the most influential works are those of Immanuel Kant and the pivotal point of this school of thought is the consideration of reason as an essential trait of humans, which differentiates them from other living beings. In this article the essential concepts envisioned by the most known representatives of these school of law, including Kant, Fichte, Hegel, Stammler are analyzed and discussed briefly. Also, the influence of German idealism on the current development of EU law is also examined, both from a legislative and jurisprudential point of view.

  • Issue Year: II/2014
  • Issue No: II
  • Page Range: 870-877
  • Page Count: 8
  • Language: Romanian