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2022
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ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

Gans, Eduard

Abstract: The introduction written in 1823 contains important methodological fundamentals of E. Gans’ multi-volume work “The Law of Inheritance in a World-History Perspective. Treatise on Universal Legal History”. In opposition to the Historical School of Jurisprudence and its founder F. Savigny, the author takes a philosophical stance. Although Gans underlines positive, cohesive role of this school for different authors of various sources, and especially mentions outstanding dogmatic and historical works of followers of the school, he marks that this school is characterized by the lack of proper attention to legislation activity and law as profession, as well as by the cult of external side. The author argues against rejection of the universal history of law, which is typical for the followers of this school. As a Hegelian, he denies the givenness of law; in his opinion, the law itself is a product of Reason. Based on this presupposition, he decidedly differs between Rechtskunde, Rechtsgelehrsamkeit, and legal science. He concludes about the necessity of the universal character of the history of law because it includes the totality of developing the concept of law in the course of time; consequently, no exclusive importance should be given to any law in respect to other law. In addition, the author explains the structure of his work giving special importance to the Roman law, and determining Rome as a key point in the entire universal history of law.

Keywords: universal history of law, legal science, Savigny, Historical School of Jurisprudence, Hegel, positive law.

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