근대 법전편찬의 사상적 기초 — 자연법학, 역사법학, 헤겔의 견해와 관련하여 —

초록

Modern European Codification is the subject of the historical German Codification Debate between the Natural School of Law and the Historical School of Law. It also significantly influenced the legal thinking of Kant, Savigny, and Hegel. Müller-Arnold process in 1779 and the General State Laws for the Prussian States(ALR) of 1794 give an indication of this. Unlike the Natural School of Law, which considers the management of medieval feudalism and modern codification as a requirement of universal natural reason and enlightenment, the Historical School of Law has defended systematic Pandectistic jurisprudence and legal scientific positivism based on the folk spirit and the historicity of law. Distanced from both, Hegel has believed that the modern codification programme has a historical context and significance to recognize the needs of individuals and their labor-property relationships and to give them institutional universality. Despite the diversity of interpretation and evaluation, modern codification is based on the one hand on the recognition that only the ethical-legal being with rights as the morally responsible member of the modern state can truly be free, and on the other hand on the question of how it can be promoted. In this respect, modern codification is to be considered the ideological and realistic strugglepoint of new era.

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