Wednesday, January 12, 2011

Will Wearing Tight Clothes Shrink My Penis?

Villey What place?


Workshop of Historical Research Centre has already published two years here an interesting article on a highly critical assessment the work of Michel Villey, the famous philosopher of law. Article I discovered a little late.
( Read online article )

Section, Sylvain Piron, is credited with bringing the conflict to a master rarely challenged. Yet theses Villey propose an interpretation somewhat trench history of philosophy of law and it is surprising that little is both disputed and rather taken back.

I am myself a fan and I appreciate Villey Sylvain Piron has detected what appears to me now be the key intellectual Villey - success is certainly not the general public: the first is Villey author of a system.

Proof is in fact the idea of it ultimately boils fairly short: there are two concepts of law, the entitlement to rights and the singular the plural.

The first, oldest, is objective, it describes an order things that is correct, the second is subjective is the design of modern or matrix of modernity. For

Villey, the transition between the two designs is due to corruption. These designs have their champion: the classic range by Aristotle and St. Thomas Aquinas while modern advanced by Hobbes and his predecessor, William of Occam (author of the famous razor).


It has been criticized for accommodating Villey a selection of texts to establish its theory that Piron notes and quotes.

But then the very purpose of the excellent article by Sylvain Piron is to disassemble Villey historiography and to show the artificiality, the author merely refers to the opinion of those authors who have criticized Villey retain only the texts adapted to their system. We would have liked the author addresses himself directly to the problem rather than quote these authors - as it is obvious that a man like Villey, exposed by his ideas and his long career has been wrongly or rightly, that kind of criticism.

is a pity that the author cites the excellent example that Villey developed to highlight the process of subjectification law from old to modern: a comparison of the respective plans institutes of the corpus juris civilis and the Civil Code which shows that the plan was subjectivized. The Roman plan

indeed separates people, property (a concept broader than the things that led to misinterpretations about the nature current example of the slave in Rome), actions. The French plan separates meanwhile one hand people on the other property and various changes of ownership , and finally the ways in which we acquire the property. (I will not touch upon the recent additions) This is an excellent example of the theory of Villey, only touched by his criticism.

It leaves a little something to be desired even if we assume that Michel Villey was sacrificing historical accuracy to the system more than we might have thought.

For the rest, the author proposes to find the genesis of the system Villey in his education and his environment, providing several interesting things imho, but are not decisive. Remains a critical worth the detour.

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