FRENCH REVOLUTION AND LEGAL PHILOSOPHY Cover Image

ФРАНЦУСКА РЕВОЛУЦИЈА И ПРАВНА ФИЛОЗОФИЈА
FRENCH REVOLUTION AND LEGAL PHILOSOPHY

Author(s): Danilo N. Basta
Subject(s): History of Law, Modern Age, Philosophy of Law
Published by: Правни факултет Универзитета у Београду

Summary/Abstract: Creation of modem legal philosophy, whose founding fathers are Kant, Fichte and Hegel, can not be separated from the French Revolution. This relationship is not only chronological, but substantive, which means that modem legal philosophy emerged out of a very important discussion of problems imposed by the events connected with the French Revolution. Its modernity consists in taking over the principle of freedom proclaimed by the Revolution and raised to the level of a general right, while making it its foundation and its matter and elaborating the relevant consequences. A turn towards freedom, which takes the place of nature, means the opening of a new historical perspective of law: its ground becomes the freedom, while the law itself becomes its organon. In such a way French Revolution and legal philosophy have found themselves in a joint job: namely preparing and establishing political and legal existence of a modern man under the leading principle of freedom as an universal right. In the way of its formation, in its internal structuring in exposition of problems, in its very being ang general character, modem legal philosophy belongs to the historical horizon of the French Revolution. This has made possible, also, that it contains the legal and political truth of that Revolution.

  • Issue Year: 37/1989
  • Issue No: 6
  • Page Range: 671-683
  • Page Count: 13
  • Language: Serbian