Hegel et Savigny : l'impossible réconciliation

Authors: Bourassa, François
Advisor: De Koninck, Thomas
Abstract: Georg Wilhelm Friedrich Hegel (1770-1831) and Friedrich Carl von Savigny (1779-1861) were contemporaries, fellow-countrymen and Berlin University colleagues, with Hegel teaching philosophy of law and Savigny teaching Roman law. However, they were adversaries. Their confrontation, setting Hegel's rationalism up against Savigny's historicism, constitutes the subject of the present thesis. Hegel's school of thought, speculative in its approach, and Savigny's Historical School of Law were at war. This state of strife was most manifest in the feuds pertaining to judiciary issues, as attested by the three disputes - Rezeptionsstreit, Besitzstreit and Kodificationsstreit - bearing respectively on reception (of Roman law), possession (of property) and codification (of law). However, the goal here is to show that this conflict's most significant theatre was the political front. Before the events of their time - the French Revolution, the Napoleonic Empire, the Wars of Liberation, the Restoration, emerging German nationalism -, Hegel and Savigny each adopted completely different positions. Indeed, in responding to the cultural context of the day - the dissemination of counter-revolutionary thought, whose source could be traced to Edmund Burke (1729-1797), and the political Romanticism which was then taking shape - each one followed an entirely opposite path. Their respective visions of early 19th-century Germany were so divergent as to render any reconciliation between the philosopher and the jurist inconceivable.
Document Type: Thèse de doctorat
Issue Date: 2016
Open Access Date: 23 April 2018
Permalink: http://hdl.handle.net/20.500.11794/26675
Grantor: Université Laval
Collection:Thèses et mémoires

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