From Colonial Past to Global Reality
- New Horizons in Competition Law and Economics series
Chapter 3: The legal view
Perhaps of all the branches of social knowledge mentioned so far, law is what has been most closely and most intensely affected by the march of acceptance of economic power. Especially, because within law, critical movements to the dominant conceptions are even more sparse and peripheral. For this brief historical notice, it is possible to make a profound historical cut and start the analysis from the modern era, in particular the large internal rupture of legal science. This internal rupture occurs with legal rationalism, especially from the works of its most influential representative, Samuel Pufendorf. The disruption to which reference is made is between morality and law. With Pufendorf, the foundation of law begins to be identified not in any intrinsic element to the nature of man (whether religious or ethical), but rather in logical and rational elements, that is, the existence of a rational system and self-integrated discipline of social relations. It is exactly these two features, the pursuit of scientific rationality and self-integration, which will accompany most Western legal systems (codified law) up to the present day. Since then, the method of creation and interpretation of the law ceases to be an exegetical-historical method, passing to target primarily the logical demonstration.
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