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Article German Philosophy of National Law in the End XVIII — Beginningof XIX and Transformation of Legal Science
Authors Kresin O.
Name of magazine Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language)
Issue 1-2 / 2014
Pages 312 - 322
Annotation

In the article it is considered transformation of national law concept inworks of the German thinkers in the period of Great French revolution and Napoleon'swars. The main line of this transformation, in opinion of author, is completion ofsocialization of philosophy of law, and also assertion of empiric methodology of researchand positivism understanding of law.Fundamentally important in this context is more successive dissociating of law fromethics, and also distinguishing of national right as social individual in law. A large valuealso had development of general studies about nation as leading in concretely-historicalterms direction of social philosophy, acquisition by this studies of political philosophycharacter.The author specifies on that the German thinkers of this period offered thesuccessive enough typology of the socially-legal phenomena: social individual(nationally-state law) — social special (sphere of co-operation of national law orders,«cosmopolitan law») — social general (international law). Basic essential characteristicsof this typology were become not-transcendent, immanent character of social specialand general, and also their forming on the basis of co-operation of positive law orders. Itallowed to complete the pluralistic by its nature legal picture of the world, social andpositive model of sphere of law as a relatively autonomous subsystem of human been.The author considers also that empiricism of new vision of sphere of law found itsexpression in comparativism.On the basis of the research the author comes to the conclusion about completionby the German thinkers of end of XVIII — beginning of XIX centuries of theoretical andmethodological bases formation of modern legal science.

Keywords history of legal science, empiricism, positivism, comparativism, classicGerman philosophy, social philosophy, social law, national law, typology of law, legalco-operation.
References
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