TAULIER (Joseph-Frédéric) – A Rational Theory of the Civil Code
TAULIER (Joseph-Frédéric) – A Rational Theory of the Civil Code
TAULIER (Joseph-Frédéric) – A Rational Theory of the Civil Code
    TAULIER (Joseph-Frédéric)
    A Rational Theory of the Civil Code
Édition :
    Grenoble / Paris
Date :
    1840-1848
    7 vols. in-8, half black morocco, gilt titles & volumes on spines with 4 raised bands decorated with fillets and friezes framing the compartments, and gilt fillets, (some abrasions on the spine, headcaps and corners worn with damage to vol. IV, covers rubbed with small losses, numerous light foxing spots, ornaments of vol. VII slightly different).
    In the introduction "Rereading Gaudemet," in Christophe Jamin and Philippe Jestaz's *The Interpretation of the Civil Code Since 1804*, we observe that, through a pseudo-School of Exegesis that existed in name only at that time, Taulier, and to a more controversial extent Laurent, distanced himself from it to return "to the purity of a code explained by itself," thus making his work an almost exclusively rational endeavor. Gaudemet believes that Taulier's Theory "remains interesting, as a perfect expression of the principles of the School of Exegesis, which he applies with as much intransigence as Proudhon. He deliberately banishes history, giving a very minor place to jurisprudence, which he disdainfully calls 'science in its relation to the caprice of facts.' The text and the legislative intent sought within it are the only directions he accepts." “I present the law,” he said, “in its currently living individuality, forgetting Roman Law, ancient Jurisprudence, and modern jurisprudence; it is through this that I develop and apply the law.” “I proceed,” he added, “to discover what the law intended to be, in order to know what it is.” In these formulations, Proudhon’s words come alive: “It is in the Napoleonic Code that one must study the Napoleonic Code.” Taulier thus reacts against the open-mindedness of most of his contemporaries and already foreshadows the excessive dogmatism of a Laurent. This treatise, as atypical and controversial as it is rare, is the first copy of *La Mémoire du Droit* (The Memory of Law). Only five university libraries possess it (Metz, Montpellier, Cujas, Strasbourg, Toulouse1), and it is missing from, among others, Berkeley, the Library of Congress, etc.

Référence : 36753

Mots-clés : Civil Code

Malheureusement, ce livre n'est plus disponible.

Pour être informé lorsque nous recevrons un prochain exemplaire, merci de compléter le formulaire ci-dessous :

5 + 8 =

New acquisitions

1 25
View all