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Legal Interpretation in 18th Century Europe: Doctrinal Debates Versus Political Change

  • Jean-Louis HalpérinEmail author
Chapter
Part of the Law and Philosophy Library book series (LAPS, volume 95)

Abstract

The historical debates about legal interpretation are, simultaneously, products of the longue durée from as far back as Roman origins, and the outcomes of more recent contexts. From this perspective, the period between the end of the 17th century – with the works of Hobbes, De Luca and Domat – and the beginning of the 19th century – with the trends disseminated by Zachariae and Thibaut in Germany – was an era of intensive thinking about judicial power and hermeneutic methods. While Montesquieu, Blackstone or Beccaria proposed their solutions to these problems, the development of the modern State, alongside the revolutionary process in France and the greater part of Europe made the 18th century a turning point in the relations between law and those interpreting it.

Keywords

Legal Text Legal Interpretation Legal Science Legal Writing German Civil Code 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Science+Business Media B.V. 2011

Authors and Affiliations

  1. 1.École Normale Supérieure, UMR 7074 “Centre de Théorie et Analyse du droit”ParisFrance

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