DEL VECCHIO'S IDEALISTIC PHILOSOPHY OF LAW VIEWED IN THE LIGHT OF A TRANSCENDENTAL CRITIQUE OF PHILOSOPHICAL THOUGHT

DEL VECCHIO'S IDEALISTIC PHILOSOPHY OF LAW VIEWED IN THE LIGHT OF A TRANSCENDENTAL CRITIQUE OF... BY HERMAN DOOYEWEERD II DEL VECCHIO is of the opinion that philosophy of law is confronted witfu three different problems which he terms "logical" ,"phenomenological" and "deonrtological" (i. e. axio1logical) respectively. The first embraces the question concerning the fundamental concept of law in its "logical totality". The special branches of positive jurisprudence are not able to answer this question: What is law in respect to the totality of its essential characteristics? The reason is that these specific branches of juridical investigation are bound to particular legal systems which display different traits with different nations and in different times. A philosophical inquiry into the fundamental concept of law, which is the apriori formal-Iogical condition of all juridical experience, is in fact of an epistemological character. The second problem which DEL VECCHIO calls "phenomenological" has nothing to do with the problems of modern phenomenology in its Husserlian sense. Much rather it is oriented to VICO's idea of an "eternal ideal history of mankind in which occurs the historical development of all nations in time", and in which the fundamental equality of the rational human nature, as the origin of all eternal truths of reason, reveals itself. This was indeed an http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Philosophia Reformata Brill

DEL VECCHIO'S IDEALISTIC PHILOSOPHY OF LAW VIEWED IN THE LIGHT OF A TRANSCENDENTAL CRITIQUE OF PHILOSOPHICAL THOUGHT

Philosophia Reformata, Volume 22 (3): 101 – Feb 20, 1957

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Publisher
Brill
Copyright
© Copyright 1957 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0031-8035
eISSN
2352-8230
DOI
10.1163/22116117-90000947
Publisher site
See Article on Publisher Site

Abstract

BY HERMAN DOOYEWEERD II DEL VECCHIO is of the opinion that philosophy of law is confronted witfu three different problems which he terms "logical" ,"phenomenological" and "deonrtological" (i. e. axio1logical) respectively. The first embraces the question concerning the fundamental concept of law in its "logical totality". The special branches of positive jurisprudence are not able to answer this question: What is law in respect to the totality of its essential characteristics? The reason is that these specific branches of juridical investigation are bound to particular legal systems which display different traits with different nations and in different times. A philosophical inquiry into the fundamental concept of law, which is the apriori formal-Iogical condition of all juridical experience, is in fact of an epistemological character. The second problem which DEL VECCHIO calls "phenomenological" has nothing to do with the problems of modern phenomenology in its Husserlian sense. Much rather it is oriented to VICO's idea of an "eternal ideal history of mankind in which occurs the historical development of all nations in time", and in which the fundamental equality of the rational human nature, as the origin of all eternal truths of reason, reveals itself. This was indeed an

Journal

Philosophia ReformataBrill

Published: Feb 20, 1957

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