Conceptions of Systematicity of Law Preceding Legal Positivism of the 19th Century Cover Image

Koncepce systematiky práva předcházející právnímu pozitivismu 19. století
Conceptions of Systematicity of Law Preceding Legal Positivism of the 19th Century

Author(s): Pavel Ondřejek
Subject(s): History of Law
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: legal system; fragmentation; axioms in law; codification; topical approach

Summary/Abstract: Current legal order can be characterized by the fact that we conceive law as a system. This is so despite various elements of fragmentation of law and the problems connected with concurrent application of rules originating from different legal systems. The aim of this article is to defend a thesis that different views of law and various conceptions of systematicity represent one of major differences between the historical and contemporary conceptions of law. At the same time, in the article congruent and different features of systematicity of law are addressed, namely in the period preceding codification of law in civil law legal systems, before legal positivism became the dominant legal method in the 19th century.

  • Issue Year: 49/2019
  • Issue No: 2
  • Page Range: 73-87
  • Page Count: 15
  • Language: Czech
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