(Posted in Law No. 305 of June 1, 2010)
Francisco José
OF SOLAR RED
Lawyer PUCP and U. Central de Venezuela (UCV)
Graduate in Law, History and Communication Sciences
Professor of History of Law in UIGV.
is of particular importance to analyze and compare the legal orders Indian, Greek and Roman archaic because we allow on the one hand, be very clear conception of what was the law for the three Indo-European peoples, compared, for example, Sumerian and Hebrew rights which belong to companies Semitic race, and, therefore, older. On the other hand, meet the demand or requirement of the science of comparative law, which nourished the other legal science is the history of law, the scientific underpinning of the law. In other words, that is, both comparative law and legal history have made law can reach a scientific level, with the methods required by the social sciences: observation, research, analysis and comparison. Hence which is now abundantly clear that the law is a normative social science. EARLY STAGE
then, the source of law, for the Semites involved a heavy dose of the link, mandate and destiny of God to men, creating a "religious legal system" in order to positive rules of natural law (Code Hammurabi, the Ten Commandments or Tables of the Law), while, in one way or another, this right is collected, re-created and perfected by the Indo-European is far away from God, to believe that the creator of the men are privileged or town same, resulting in a "positive legal system" that began with the Vedas in India and reached its peak with the Roman civilization (The Code of Manu, the constitutions of Lycurgus and Solon and the Law of the Twelve Tables). The latter was precisely that served the Friedrich Karl von Savigny (1779-1861), to develop both its "Historical School of Law" as their concept of "positive law." Von Savigny
result, and so, it allowed Von Savigny distinguish the "historical law", which was the set of legal rules and institutions were no longer in force and under consideration of the history of law, against "Right positive ", which is the legal order and legal institutions-laws in force and that, therefore, must be met, mandatory and strictly enforced, regardless of their goodness, evil, justice, injustice, etc.
But something else and it is of utmost importance. That is, point and always remember that the "Old Law recitals ever had, why had to have them, as made by the gods, was not required to give reasons? Not discussed, it was necessary, was based on the individual authority and obeyed her because they had faith in them, "said Professor Denys Fustel de Coulanges Numa (1830-1889). The law was written
by priests in the various Indo-European societies. Before you have them written to memory and remembered through songs and hymns that are recited mandatory, as Aristotle said the philosopher Aristotle (384-322 BC). Moreover, it is presumed that the earliest texts of the laws were written in verse, ie were true and beautiful verses. So in the Code of Manu. Scientist
Finally, in this order of ideas, the history of law began to study, analyze and to compare legal systems of societies that were the subject of his investigation, until the scientific rigor of the method of comparison was more stringent for the analysis of comparative law, which raised its level of scientific, making it recognized as normative science. Without doubt, its profit was greater when the comparison was made legal for "legal systems and legal families" different, ie comparing the Anglo-Saxon with the Roman-Germanic, or Muslim or east to the above, etc.
This will undoubtedly be more feasible to consider the possibility of a General or Universal History of Law, theme originally made by German legal philosopher Mario Enrique Ahrens (1808-1874), continued and spread his pupil Joseph Köhler (1849-1919 .) Applied with great skill the French historian De Coulanges Subsequently, it has reopened the iushistoriador Mitteis Germany Heinrich (1889-1952), an idea accepted with approval by his English colleague Alfonso García-Gallo and Diego (1911-1992). CONCLUSION
Finally, this wealth of scientific and universality of both the history of law and comparative law, applying the scientific method of analysis, interpretation and comparison was possible to ensure and affirm the category of science policy for the law . Likewise, today it is undisputed that the history of law and comparative law are the scientific disciplines of law.
Francisco José
OF SOLAR RED
Lawyer PUCP and U. Central de Venezuela (UCV)
Graduate in Law, History and Communication Sciences
Professor of History of Law in UIGV.
is of particular importance to analyze and compare the legal orders Indian, Greek and Roman archaic because we allow on the one hand, be very clear conception of what was the law for the three Indo-European peoples, compared, for example, Sumerian and Hebrew rights which belong to companies Semitic race, and, therefore, older. On the other hand, meet the demand or requirement of the science of comparative law, which nourished the other legal science is the history of law, the scientific underpinning of the law. In other words, that is, both comparative law and legal history have made law can reach a scientific level, with the methods required by the social sciences: observation, research, analysis and comparison. Hence which is now abundantly clear that the law is a normative social science. EARLY STAGE
then, the source of law, for the Semites involved a heavy dose of the link, mandate and destiny of God to men, creating a "religious legal system" in order to positive rules of natural law (Code Hammurabi, the Ten Commandments or Tables of the Law), while, in one way or another, this right is collected, re-created and perfected by the Indo-European is far away from God, to believe that the creator of the men are privileged or town same, resulting in a "positive legal system" that began with the Vedas in India and reached its peak with the Roman civilization (The Code of Manu, the constitutions of Lycurgus and Solon and the Law of the Twelve Tables). The latter was precisely that served the Friedrich Karl von Savigny (1779-1861), to develop both its "Historical School of Law" as their concept of "positive law." Von Savigny
result, and so, it allowed Von Savigny distinguish the "historical law", which was the set of legal rules and institutions were no longer in force and under consideration of the history of law, against "Right positive ", which is the legal order and legal institutions-laws in force and that, therefore, must be met, mandatory and strictly enforced, regardless of their goodness, evil, justice, injustice, etc.
But something else and it is of utmost importance. That is, point and always remember that the "Old Law recitals ever had, why had to have them, as made by the gods, was not required to give reasons? Not discussed, it was necessary, was based on the individual authority and obeyed her because they had faith in them, "said Professor Denys Fustel de Coulanges Numa (1830-1889). The law was written
by priests in the various Indo-European societies. Before you have them written to memory and remembered through songs and hymns that are recited mandatory, as Aristotle said the philosopher Aristotle (384-322 BC). Moreover, it is presumed that the earliest texts of the laws were written in verse, ie were true and beautiful verses. So in the Code of Manu. Scientist
Finally, in this order of ideas, the history of law began to study, analyze and to compare legal systems of societies that were the subject of his investigation, until the scientific rigor of the method of comparison was more stringent for the analysis of comparative law, which raised its level of scientific, making it recognized as normative science. Without doubt, its profit was greater when the comparison was made legal for "legal systems and legal families" different, ie comparing the Anglo-Saxon with the Roman-Germanic, or Muslim or east to the above, etc.
This will undoubtedly be more feasible to consider the possibility of a General or Universal History of Law, theme originally made by German legal philosopher Mario Enrique Ahrens (1808-1874), continued and spread his pupil Joseph Köhler (1849-1919 .) Applied with great skill the French historian De Coulanges Subsequently, it has reopened the iushistoriador Mitteis Germany Heinrich (1889-1952), an idea accepted with approval by his English colleague Alfonso García-Gallo and Diego (1911-1992). CONCLUSION
Finally, this wealth of scientific and universality of both the history of law and comparative law, applying the scientific method of analysis, interpretation and comparison was possible to ensure and affirm the category of science policy for the law . Likewise, today it is undisputed that the history of law and comparative law are the scientific disciplines of law.
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