Michael H. Hoffheimer (auth.)'s Eduard Gans and the Hegelian Philosophy of Law PDF

By Michael H. Hoffheimer (auth.)

ISBN-10: 9048145031

ISBN-13: 9789048145034

ISBN-10: 9401585237

ISBN-13: 9789401585231

Gans ranks on the head of that very important staff of Hegelian thinkers that bridged the generations of Hegel and Marx. ! but there's a huge hole among Gans 's historic significance and the scholarship on him. regardless of a renewal of curiosity in Gans's paintings at the Continent,2 Gans continues to be nearly thoroughly unknown to English-Ianguage students, and nearly none ofhis paintings has been three formerly translated. His Prefaces to his posthumous variants of Hegel's writings are inaccessib1e to English audio system, even though they shed vital mild at the authenticity of the so-called Additions to these texts. His Preface to Hegel's Philosophy ofLaw hasn't ever been translated earlier than, whereas his Preface to the Philosophy of background has been passed over from reprintings four for generations. furthermore, the hot scholarship at the Continent has all for Gans 's political and philosophical instead of his criminal writings. there's little disĀ­ cussion in any language ofhis procedure oflaw, that is the focal point ofthe current research. many of the purposes for the overlook of Gans are noticeable. Gans can't be a hero for many readers at the present time. He permitted apostasy as a way to profesĀ­ sional development. And even though extra liberal than Hegel, Gans still accommodated himself to the result of the recovery and avoided political persecution that will have kindled the sympathy of later generations.

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Extra resources for Eduard Gans and the Hegelian Philosophy of Law

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First, the institutions of guardianship, like the English uses and trusts, played a vital ro le in the disposition of property after death. A full treatment of Roman Law of succession necessarily required a consideration of various guardianship relationships, and the traditional separation of such relationships 26 Chapter 1 from the law of testate and intestate succes sion would have appeared arbitrary to someone, like Gans, who was concerned with expounding the substantive Roman Law of succes sion as a coherent whole.

Gans' s vis ion of Roman Law derived its coherence from the function it played in this debate. Four aspects of Gans's valuation Roman Law overlapped and reinforced each other in the debate. First, the success of Roman Law and its pattern of historical development supported the codification of German law. Gans constructed a very specific vision of Roman Law that derived from the c1assical Roman Law and especiaUy from the consolidation of Roman Law under Justinian. The exposition of Roman Law in the Digest occupied a privileged position and was viewed by Gans - and others, including Savigny 125 - as the paradigm for a comprehensive codification of private law.

Roman Law was simultaneously a source of the law of succession and a model for its reform. But Thibaut and Gans placed quite different emphasis on the goals of succession in their respective systematic treatments of Roman Law. Thibaut was more concerned to enhance the rational administration of the laws by offering Roman Law as a valid source of uniform, coherent, and accessible legal authority. Re was far more concerned than Gans with elaborating Roman Law doctrines of succession, and he accordingly followed the contents and form 38 Chapter 1 of the Digest more closely than Gans.

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Eduard Gans and the Hegelian Philosophy of Law by Michael H. Hoffheimer (auth.)


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