HIST-1107EL Study Guide - Quiz Guide: Napoleonic Code, Friedrich Carl Von Savigny, Legal Positivism
15 Dec 2020
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409 the revolution in jurisprudence and the exegetic. Since the 11th century western jurisprudence had the aspiration to articulate an ideal law and to perfect the law or improve it as much as possible. New generation educated at the new imperial faculties established in 1808: the codes were interpreted and commented upon article by article. In the early period, references to case law or legal theory were rare: both stemmed from the ancien regime. French exegetes alexandre duranton, raymond troplong and the duo of charles aubry and frederic-charles rau. The exegetes opposed any direct appeal to natural law consistent representatives of the positivism that dominated legal scholarship throughout the 19th century and continues to this day. Positivism leads to a formal approach of the law it rejects the proposition for a law to be valid it must be in accordance with the precepts of a transcendent normative system, such as natural law.
