Eduard Gans and the Hegelian Philosophy of Law

ISBN-13: 9789048145034 / Angielski / Miękka / 2010 / 142 str.

M.H. Hoffheimer

Opis

Gans ranks at the head of that important group of Hegelian thinkers that bridged the generations of Hegel and Marx. Yet there is a large gap between Gans 's historical importance and the scholarship on him. Despite a renewal of interest in Gans's work on the Continent,2 Gans remains almost completely unknown to English-Ianguage scholars, and almost none ofhis work has been 3 previously translated. His Prefaces to his posthumous editions of Hegel's writings are inaccessib1e to English speakers, despite the fact that they shed important light on the authenticity of the so-called Additions to those texts. His Preface to Hegel's Philosophy ofLaw has never been translated before, while his Preface to the Philosophy of History has been omitted from reprintings 4 for generations. Moreover, the recent scholarship on the Continent has focused on Gans 's political and philosophical rather than his legal writings. There is little dis cussion in any language ofhis system oflaw, which is the focus ofthe present study. Some of the reasons for the neglect of Gans are obvious. Gans cannot be a hero for most readers today. He accepted apostasy as a means to profes sional advancement. And though more liberal than Hegel, Gans nonetheless accommodated himself to the results of the Restoration and evaded political persecution that might have kindled the sympathy of later generations."

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Spis treści

Preface. 1. The Philosophy of Law of Eduard Gans. 1.1. Life and Career. 1.2. Gans and Hegel. 1.3. The Value of Roman Law. 1.4. The System of Roman Law. 1.5. Inheritance and Law. 1.6. The System as Polemic. 2: Gans's System of Roman Civil Law in Outline (1827). First Book: On Law in General. Preface. Introduction. 1st. On Law in Objective Relation. 2nd. On Law in Subjective Relation. 3rd. Realization of Law, or on Legal Procedure. Second Book: On Property Law. 1st. On Physical Things. 2nd. On Possession. 3rd. On Property. 4th. On Usufruct and Servitudes. 5th. On Liens. 6th. On Emphyteusis and Superficies. Third Book: On the Law of Obligations. 1st. On Obligations in General. 2nd. On Contracts and Similar Obligatory Relationships. 3rd. On Delicts and Related Obligatory Relationships. 4th. On the Movement and Satisfaction of Obligations. Fourth Book: On Family Law. 1st. On Marriage. 2nd. On Paternal Power and Kinship. 3rd. On Guardianship. Fifth Book: On the Law of Succession. 1st. On the Concept of the Roman Law of Succession. 2nd. On the Relation of Testamentary Succession to Interstate Succession. 3rd. On the Testamentary System, or on Wills, Legacies, Entailed Estates, and Gifts causa mortis. 4th. On Intestate Succession. 5th. The Doctrine of Inheritance. 6th. On bonorum possessio in Opposition to hereditas. 3: Gans's Preface to Hegel's Philosophy of Law (1833). 4: Glossary. 5: Appendix: Gans's Preface to Hegel's Philosophy of History (1837), translated by J. Sibree (1857). Notes. Bibliography. Index.