Details

Autor(en) / Beteiligte

• Schnepf, Robert

Titel

Systematisierung von rechtlichen Intuitionen? - Die drei Formeln Ulpians bei Leibniz und Kant

Ist Teil von

• Jahrbuch für Recht und Ethik = Annual review of law and ethics, 2004-01, Vol.12, p.253-282

Ort / Verlag

Duncker & Humblot

Erscheinungsjahr

2004

Link zum Volltext

Quelle

Alma/SFX Local Collection

Beschreibungen/Notizen

• The three Ulpian praecepta - honeste vive, neminem laede, suum cuique tribue - were not only handed down over the centuries in the Roman legal texts and subsequent commentaries. They also became of interest to philosophical reflection. That is not surprising because they conceptualize elementary moral legal intuitions. Generally it was claimed that the list was complete, such that the three praecepta in one way or another exhausted the whole realm of law. The resulting systemization of the three formulae led to their significant reinterpretation, not the least by Leibniz and Kant. This paper examines Leibniz's, Baumgarten's and Kant's systemizations in order to more precisely determine the assumptions on which their divergent proposals and arguments depend. They claim that the real content connected to moral legal intuitions expressed through the three formulae is not lost in their systemizations but rather first clarified. The paper shows that this is possible only because their individual systemizations of the moral legal intuitions is accompanied by a revision of the self-understanding of those who accept the systemization on the basis of the arguments given.