Jurisprudence of concepts

As a conceptual jurisprudence - in a pejorative sense - the law of the middle and later 19th century called.

The word was - coined by Rudolph von Jhering in his work fun and seriousness in jurisprudence - in this sense. In particular, by Philipp Heck, it was used to criticize the prevailing methodological approach of his time.

Basis of conceptual jurisprudence is the application of logical methods to the right. Rates and terms should be in a sense mathematically - geometrically converted into a seamless and non-contradictory system, from which using upper sets, definitions and subsumptions legal decisions are made. For quite creative action of the judge Begriffsjurisprudenz left no room.

As a key representative of the conceptual jurisprudence is commonly Georg Friedrich Puchta filed, the legal system can be represented by Karl Larenz as " pyramid of concepts ". However, recent research puts this statement. How could prove Hans -Peter Haferkamp, ​​considered the work Puchta in many ways including practical needs.

Whether the devaluation of the jurisprudence of the 19th century, notably the Pandektistik, is entitled as a conceptual jurisprudence, is increasingly called into question.

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