Filozofija, pravo, istorija: Hegel, istorijsko-pravna škola i Nibur
Philosophy, Right, History: Hegel, Historical School of Law and Niebuhr

Summary/Abstract: This paper investigates the relationship between Hegel's critique of historical school of law from his Elements of the Philosophy of Right and his critique of Niebuhr's critical-historical writing, carried out within his Lectures on the Philosophy of World History. On the one side, in Elements Hegel has criticized attempts of historical school of law to substantiate law and institutions on the ground of history. In that respect, Hegel attempted to show that it is not possible to justify legal norms on the ground of positive law and history, and how philosophical reflexion is neccesary. On the other side, through his Lectures on the Philosophy of World History, Hegel has been criticising Niebuhr's attitude towards history of roman constitution and law, and he has tried to indicate how historical reflexion could not rest only on itself alone. Therefore, it could be concluded, that Hegel's​ critique of Niebuhr, from his Lectures, is complementary with his critique of historical school of law from his Elements – if first were critique of juridical engagement of history, second was critique of critical historians engagement of right.

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