Philosophy Dictionary of ArgumentsHome
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| Legal history: Legal history is the study of how law has evolved and why it has changed. It is closely connected to the development of civilizations and operates in the wider context of social history. See also Law, Laws, History, Historiography, Civilization, Society._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
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Hans-Georg Gadamer on Legal History - Dictionary of Arguments
I 331 Legal History/Gadamer: The lawyer grasps the meaning of the law from the given case and for the sake of the given case. The legal historian, on the other hand, does not have a given case from which to start, but wants to determine the meaning of the law by constructively considering the entire scope of the law. The meaning of the law only becomes concrete in all these applications. The legal historian cannot, therefore, be satisfied with merely using the original application of the law to determine its original meaning. As a historian, he or she will rather have to do justice to the historical change that the law has undergone. This person will have to communicate the original application with the present application of the law in an understandable way. >Laws, >Philosophy of law, >Law. How does the turn to the historical occur? In the face of a law in force, one lives in the natural preconception that its legal meaning is clear and that the legal practice of the present simply follows the original meaning. If this were always the case, then the question of the meaning of a law would be one and the same question both legally and historically. Even for the I 332 lawyer, the hermeneutical task would then consist in nothing other than establishing the original meaning of the law and applying it correctly. Thus, in 1840, Savigny still considered the task of legal hermeneutics in the "system of Roman law" purely as a historical one. Just as Schleiermacher saw no problem in the fact that the interpreter must equate him- or herself with the original reader, Savigny too ignores the tension between the original and the present legal sense.(1) >Laws/Savigny, >Schleiermacher as an author. 1. Is it a coincidence that Schleiermacher's hermeneutics lecture was first published in the estate edition just two years before Savigny's book? One would have to specifically examine the development of hermeneutic theory in Savigny's work, which Forsthoff left out of his investigation. (On Savigny, see Franz Wieacker's remark in "Gründer und Bewahrer" p. 11.)_____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Gadamer I Hans-Georg Gadamer Wahrheit und Methode. Grundzüge einer philosophischen Hermeneutik 7. durchgesehene Auflage Tübingen 1960/2010 Gadamer II H. G. Gadamer The Relevance of the Beautiful, London 1986 German Edition: Die Aktualität des Schönen: Kunst als Spiel, Symbol und Fest Stuttgart 1977 |
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> Counter arguments against Gadamer
> Counter arguments in relation to Legal History
Ed. Martin Schulz, access date 2024-04-28