Legal Rationalism

The rationalism is born like reaction against the Christian philosophy. One of its more important postulates says that he is " the reason and not felt the true source of ours conocimientos". Because the reason comes normally in its operations by deductive route (starting off of principles evident), like for example in the mathematics, the rationalism solved to adopt like true method of the knowledge DEDUCTIVE and like science the archetype to the MATHEMATICAL ones. One considers as from this school to RENE DISCARDINGS founding (1596 – 1650 of ours were). That philosophical tendency obvious has its correspondence in the legal plane: The Legal Rationalism. His " iniciador" it was HUGO GROCIO (1583 – 1645), but are mentioned like true representatives of his positions to SAMUEL PUFENDORF (1632-1694), CRISTIAN TOMASIO (1655-1728) AND CRISTIAN WOLF (1679-1754), along with TAKINGS HOBBES, SPINOZA, MONTESQUIEU, LOCKE, ROUSSEAU etc. main Outlines of this school are: 1 – The natural right breaks ties completely with God; 2 – The natural right leans in the reason and it is constructed with the single reason. This leans in the real nature and obtains as well from her by deductive route, through an indefinite series of inferences, particular and concrete principles that move the positive right; 3 – The man in a beginning had estatus (Status Naturalis) in which it lived isolated and enjoying its rights of limitless form.

Later &quot arises; society humana" or originating state of a pact between the same men. Three periods with regard to this rationalist doctrine can be distinguished: First it corresponds to " process of emancipation of the medieval theology and the feudalism that took place after the Renaissance and reforma". The second begins approximately with " puritana revolution of 1649" and it is developed at a strongly tending time to liberalize the world. The third period is marked by a strong tendency towards the belief in " sovereignty popular" and in " democracia".

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