Avènement et décadence de la nouvelle topique : une page de l’histoire des methods juridiques (i)
Avènement et décadence de la nouvelle topique : une page de l’histoire des methods juridiques (i)

Summary/Abstract: The thesis of New topics rediscovered in 50 by Viehweg and his followers of Mainz, is centered on the opposition between system and problem, between problematical and systematic thinking. It brings together methodological guidelines that affirm the legal impossibility of a normative system, present or future, to embrace the whole reality. Entered into a methodological debate with traditional systematic currents, the topic has occupied the center stage in the 60 and 70. Some of his achievements were transmitted, to directions that integrated new forms of rationality (Alexy) or to systematical curents less dogmatic. However after 70 years, New topical seems out of the news as results of some methodological weaknesses. The following article, which is the first in a series of three focusing the methodological developments in Germany, explores the history, the content, the achievements and shortcomings of this unconventional current.

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