Izvorni znanstveni članak
Austrian General Civil Code (1812) and the Slovenes: the Blinding Legacy of Legal Monism
Katja Škrubej
; Pravni fakultet Sveučilišta u Ljubljani, Ljubljana, Slovenija
Sažetak
The aim of the paper is to determine some of the reasons for two deeply rooted assumptions among a wider Slovene public, concerning the nature of the modern law-codes and the ABGB in particular: the first being that the modern law-codes have been successful in exhaustively codifying all law, hence the spread of misleading equation of Law with the Code, and that the ABGB was Austrian in the sense of “foreign”. The conclusion is that what contributed to both of the assumptions was the passing from a pluralistic conception of identity and of the law in the last two hundred years to the monistic ones, accentuated by the dissolution of the old multiethnic polity and the transition to the new arena of the newly conceptualized nation states with only recently conceptualized national legal systems, of which the civil law-codes are the most potent symbols.
Ključne riječi
ABGB; Slovenes; legal monism; Jožef Krajnc; Tomaž Dolinar
Hrčak ID:
116258
URI
Datum izdavanja:
30.12.2013.
Posjeta: 7.071 *