Historical and philosophical fundaments of study cases method in law
Keywords:
Study cases method, Civil law, Methodology of practical sciences.Abstract
During the predominance of the Idealism in the Enlightenment and in the period of the exegetic and legal Positivism of the 19th and 20th century, it’s possible to say that the study cases method in Law was left in second hand. Nowadays, this method is extremely important and correspond an answer to the precedent dogmatism. Nevertheless, it’s possible to consider that the study cases method also represents a return to the legal phenomenon perception defaults which were always present in the occidental legal tradition, in a way. We can notice that when we visualize the practical sciences methodology which come from the Greek philosophical tradition of Plato and Aristotle and grows with the Roman law and the medieval studies. From that, we seek to prove that study cases in Law is not only a consequence of a supposed influence of the Common Law, as many authors insist to say when them use an empirical vision typically of this system; it exists, on the other hand, roots in the legal experience of the Civil law that shows the valorization of the case, especially since the Roman legal construction.Downloads
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