Details
| Titel in Übersetzung | Topical and Hermeneutical Law Critique in the Digital Era: Giambattista Vico and Friedrich Carl von Savigny |
|---|---|
| Originalsprache | Italienisch |
| Seiten (von - bis) | 73-88 |
| Seitenumfang | 16 |
| Fachzeitschrift | Ars Interpretandi |
| Jahrgang | 26 |
| Ausgabenummer | 2 |
| Publikationsstatus | Veröffentlicht - 1 Juli 2021 |
Abstract
The final decision of cases is often not possible on the basis of existing legal norms. It is not uncommon for questions to be raised for which there is more than one legal answer. Vico and Savigny devote particular attention to this subject. However, their high regard for common law should not be misunderstood as advocating judgement unfettered from legal norms. On the contrary, their great respect for the doctrine of legislation must lead to a decisive rejection of justice dispensed on the basis of equity or Qadi principles. The ultimate solution is the ideal union between adherence to the letter of the law and creative jurisprudence, between respect for general rules and consideration for the special circumstances of each individual case, which Savigny called “tact” and Vico called “widsom”.
ASJC Scopus Sachgebiete
- Sozialwissenschaften (insg.)
- Recht
Zitieren
- Standard
- Harvard
- Apa
- Vancouver
- BibTex
- RIS
in: Ars Interpretandi, Jahrgang 26, Nr. 2, 01.07.2021, S. 73-88.
Publikation: Beitrag in Fachzeitschrift › Artikel › Forschung › Peer-Review
}
TY - JOUR
T1 - Critica del diritto, topica ed ermeneutica nell’era digitale
T2 - Giambattista Vico e Friedrich Carl von Savigny
AU - Meder, Stephan
PY - 2021/7/1
Y1 - 2021/7/1
N2 - The final decision of cases is often not possible on the basis of existing legal norms. It is not uncommon for questions to be raised for which there is more than one legal answer. Vico and Savigny devote particular attention to this subject. However, their high regard for common law should not be misunderstood as advocating judgement unfettered from legal norms. On the contrary, their great respect for the doctrine of legislation must lead to a decisive rejection of justice dispensed on the basis of equity or Qadi principles. The ultimate solution is the ideal union between adherence to the letter of the law and creative jurisprudence, between respect for general rules and consideration for the special circumstances of each individual case, which Savigny called “tact” and Vico called “widsom”.
AB - The final decision of cases is often not possible on the basis of existing legal norms. It is not uncommon for questions to be raised for which there is more than one legal answer. Vico and Savigny devote particular attention to this subject. However, their high regard for common law should not be misunderstood as advocating judgement unfettered from legal norms. On the contrary, their great respect for the doctrine of legislation must lead to a decisive rejection of justice dispensed on the basis of equity or Qadi principles. The ultimate solution is the ideal union between adherence to the letter of the law and creative jurisprudence, between respect for general rules and consideration for the special circumstances of each individual case, which Savigny called “tact” and Vico called “widsom”.
KW - Artificial Intelligence
KW - Hermeneutics
KW - Historical School of German Jurisprudence
KW - Mos Geometricus
KW - Topoi
U2 - 10.7382/102562
DO - 10.7382/102562
M3 - Article
AN - SCOPUS:85132606325
VL - 26
SP - 73
EP - 88
JO - Ars Interpretandi
JF - Ars Interpretandi
SN - 1722-8352
IS - 2
ER -