Legal science
Encyclopedia
Legal Science is one of the social sciences which deals with the institution
s and principle
s that particular societies have developed:
Legal science is one of the main components in the civil law
tradition (after Roman law
, canon law
, commercial law
, and the legacy of the revolutionary period).
Legal science is primarily the creation of German legal scholars of the middle and late nineteenth century, and it evolved naturally out of the ideas of Friedrich Carl von Savigny
. Savigny argued that German codification should not follow the rationalist and secular natural law thinking that characterized the French codification but should be based on the principles of law that had historically been in force in Germany.
Institution
An institution is any structure or mechanism of social order and cooperation governing the behavior of a set of individuals within a given human community...
s and principle
Principle
A principle is a law or rule that has to be, or usually is to be followed, or can be desirably followed, or is an inevitable consequence of something, such as the laws observed in nature or the way that a system is constructed...
s that particular societies have developed:
- - for defining the claimsCause of actionIn the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
and liabilities of a person against one another in various circumstances, and - - for peacefully resolving disputes and controversies in accordance with principles accepted as fairJusticeJustice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
and rightRightRights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
in the particular communityCommunityThe term community has two distinct meanings:*a group of interacting people, possibly living in close proximity, and often refers to a group that shares some common values, and is attributed with social cohesion within a shared geographical location, generally in social units larger than a household...
at a given time.
Legal science is one of the main components in the civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
tradition (after Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
, commercial law
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
, and the legacy of the revolutionary period).
Legal science is primarily the creation of German legal scholars of the middle and late nineteenth century, and it evolved naturally out of the ideas of Friedrich Carl von Savigny
Friedrich Carl von Savigny
Friedrich Carl von Savigny was one of the most respected and influential 19th-century jurists and historians.-Early life and education:...
. Savigny argued that German codification should not follow the rationalist and secular natural law thinking that characterized the French codification but should be based on the principles of law that had historically been in force in Germany.