HIST-1106EL Study Guide - Quiz Guide: Legal Positivism, Exegesis, Formal System
13 Nov 2020
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The exegetic school reduced the learning of the law to the learning of the codes. Only the legislator decides what the law is : legislative positivism. By minimizing interpretation and only use it in its literal option, the exegete advocates minimize the work of jurisprudence and of the judiciary in interpretation. In reality, the law courts played a growing role in the interpretation of the law since the had to find creative ways of filling the gaps in the codes. Law is the law if the law says so. At the end of the 18th century : emergence of romanticism. By definition, romanticism rejected any form of institutionalisation or even consistent social, political or cultural programme. Romanticism is a collective name for a complex of attitudes, ideas and artistic expressions, it has many subcultures and has exerted its influence on many aspects of social life.
