Some notices to Thibaut's Science of Pandects. For A. F. J. Thibaut, the main concern was a "philosophical" approach to the interpretation and systematization of the positive Roman Law in his time. In his eyes, the object of a subjective right is an action, not a thing or person. Therefore he was cautious not to use abstractions, definitions, and deductions from "dreamt" postulates. Regarding the logical texture of an institute of private law as a "Gestalt", it follows that the "equity (...) of the reason," of a law, for different cases, is the same thing as that "Gestalt". The "philosophical" interpretation of a law is then an interpretation in respect to its "Gestalt". Although Thibaut's main concern was the interpretation of the positive Roman Law in his time (the "Gemeinrecht") he did not disregard the history of Roman Law before and especially after Justinian. (shrink)

On Typology and Deontics of Private Institutes of Law. In continuation of my treatise "Grundlegung zu einer Strukturtheorie des Rechts" Part I of this paper develops a typology of the fundamental patterns of institutes of law belonging to the relations of persons to move ) assets. In Part II some reflections deal with the deontics of Gestalten of actions and related models in economics.

Some notices to Thibaut's Science of Pandects. For A. F. J. Thibaut, the main concern was a "philosophical" approach to the interpretation and systematization of the positive Roman Law in his time. In his eyes, the object of a subjective right is an action, not a thing or person. Therefore he was cautious not to use abstractions, definitions, and deductions from "dreamt" postulates. Regarding the logical texture of an institute of private law as a "Gestalt", it follows that the "equity (...) of the reason," of a law, for different cases, is the same thing as that "Gestalt". The "philosophical" interpretation of a law is then an interpretation in respect to its "Gestalt". Although Thibaut's main concern was the interpretation of the positive Roman Law in his time he did not disregard the history of Roman Law before and especially after Justinian. (shrink)