Post by generalpl4gue on Sept 21, 2019 14:09:31 GMT -5
I started this thread to tell you about a legal school that influenced and still influencing our law creation and the way we think The Right.
Basically, in Law studies we have learned that during Burgeouisie Revolutions ( French and English Revolutions) there was a general spirit behind all the sciencies,a spirit that emerged from enlightment movement.
All the iconoclasty and break with the mythical foundations had laid the base of rationalism, materialized in René Descartes and his thoughts. Rationalism is based in a regression to pre-socratic thoughts, focusing on naturalism, a view of reality and everything that creates it directly, based in philosophers like Leucipo, Heráclito, Empédocles. Rationalism, as a naturalism new outfit, was focused on Natural sciences (Scietiae Naturalis), a large physic-mathematics sight over everything. An example, in 1880, still during this rationalism influence era, Cesare Lombroso, considered the Father of Criminology, wrote "Archivio I Psichiatria, antropologia criminale e scienza penale", a book showing how races, genetics and other biological influences was inducing criminal tendences, trying to explain social question with technical answers, without any value input ( a value imput, like a wall that filtrates what we capt from outside and projects it with a human valuation, considering internal questions and all subjsetivism that came from humam thoughts. the value imput is the base of Neo-Kantism, materialized in Heinrich Rickert, the Father of sudocidental school of neokantism).
All the sciences during this time was under the rationalism governance, and the Law studies won't were different. Law studies received a forced imput from natural sciences, what conduced the studies to a natural phenomenon observation, with exageratted empiric methods. This school was called juridic Positivism. There was a view of legal phenomena as an ontological tendency, focused on noticeable things, that could be absorved by juridic personnel without any value input. There was no chance to use subjectivism, because all the law structure was exactly shaped to be undestood easily, without gaps and with a large-structured hierarchy of law. Law application was bounded to strict therms of the law, with no interpretation necessity. The exponent of this thought was Hans Kelsen.
There was a conflict. Could a social science, like Law, be ruled by an rationalism ( base of Math and Science)? Could right be vanished of the value input? The rational method was appropriated to guide Social Sciences and Humanities?
I answer NO ( My friend Octavio will also say that, I guess ). As a response to this strict view from Law Positivism, neokantism responded with a large value input, creating a unique method to guide the baselines of "Cultural Sciences", as Heinrich Rickert said. Emil Lask said that the Law was a branch of cultural science, founded in atie between phenomenon and cultural values.
Sorry for all this Jus-philosofy. But i think this Rational input in Law is a historical clue, that helps us to undestand better this moment.
P.S: Mates from U.K, U.S.A, Australia and N. Z., It did not happened in your juridical history. It is a specific event in Continental Europe and Latin America.
All the iconoclasty and break with the mythical foundations had laid the base of rationalism, materialized in René Descartes and his thoughts. Rationalism is based in a regression to pre-socratic thoughts, focusing on naturalism, a view of reality and everything that creates it directly, based in philosophers like Leucipo, Heráclito, Empédocles. Rationalism, as a naturalism new outfit, was focused on Natural sciences (Scietiae Naturalis), a large physic-mathematics sight over everything. An example, in 1880, still during this rationalism influence era, Cesare Lombroso, considered the Father of Criminology, wrote "Archivio I Psichiatria, antropologia criminale e scienza penale", a book showing how races, genetics and other biological influences was inducing criminal tendences, trying to explain social question with technical answers, without any value input ( a value imput, like a wall that filtrates what we capt from outside and projects it with a human valuation, considering internal questions and all subjsetivism that came from humam thoughts. the value imput is the base of Neo-Kantism, materialized in Heinrich Rickert, the Father of sudocidental school of neokantism).
All the sciences during this time was under the rationalism governance, and the Law studies won't were different. Law studies received a forced imput from natural sciences, what conduced the studies to a natural phenomenon observation, with exageratted empiric methods. This school was called juridic Positivism. There was a view of legal phenomena as an ontological tendency, focused on noticeable things, that could be absorved by juridic personnel without any value input. There was no chance to use subjectivism, because all the law structure was exactly shaped to be undestood easily, without gaps and with a large-structured hierarchy of law. Law application was bounded to strict therms of the law, with no interpretation necessity. The exponent of this thought was Hans Kelsen.
There was a conflict. Could a social science, like Law, be ruled by an rationalism ( base of Math and Science)? Could right be vanished of the value input? The rational method was appropriated to guide Social Sciences and Humanities?
I answer NO ( My friend Octavio will also say that, I guess ). As a response to this strict view from Law Positivism, neokantism responded with a large value input, creating a unique method to guide the baselines of "Cultural Sciences", as Heinrich Rickert said. Emil Lask said that the Law was a branch of cultural science, founded in atie between phenomenon and cultural values.
Sorry for all this Jus-philosofy. But i think this Rational input in Law is a historical clue, that helps us to undestand better this moment.
P.S: Mates from U.K, U.S.A, Australia and N. Z., It did not happened in your juridical history. It is a specific event in Continental Europe and Latin America.
