THE METHOD OF THE LEGAL HISTORY IN-QUIRY IN THE LIGHT OF THE ANALYSIS OF ANCIENT BULGARIAN LAW MONUMENTS MADE BY STEPHAN SAVOV BOBCHEVМЕТОДЪТ НА ПРАВНОИСТОРИЧЕСКОТО ИЗСЛЕДВАНЕ В СВЕТЛИНАТА НА АНАЛИЗА НА СТАРОБЪЛГАРСКИТЕ ПРАВНИ ПАМЕТ-НИЦИ ОТ СТЕФАН САВОВ БОБЧЕВ

Bobchev’s study depicts him as a positivistic scholar, focusing the positive knowledge: accessible throughout the empirical experience. This means, he accepted a clear physical object in his study of social-law-conscience, understood like a unity of statutes and customs, targeting the human welfare implementation. This positivistic imperative provides for a tangible carrier, where Bobchev’s assumption follows a race idea of inheritance from a national predecessor. This idea for the law history connects him to the German Historical School seeing the law as a naturally determined and necessary result of the people spiritual experience rather than a logical imperative of the human mind. Thus, the author regarded the law as rational expedience fact result of its national characteristic rather than of its universal human nature. Thus, the law creator is the respective people and only by its own will, explicit or implicit, one could perceive the act of law making.

No doubt, Bobchev found the language as a physical carrier of the law development and transformation either in the context of idealistic or materialistic determinism. His positivism refers older scholars like Herder or Leibniz, Savigny and Grimm, Kovalevsky and Muromtsev etc., thus following the line of succession from the German to the Russian adepts of this school. The empirical perception of law is not without ancient roots, like Sext Empiricus or Hesiod worshiping the statutes as a polis skeleton opposing the moral relativism to the rhetoric.

The present understanding does not regard the history of law as a continuous national line of succession, but sees in it a line of ideas and institutes based on universal human values. Bobchev also considered this humanistic approach, attributed to Cujacius or Vico. He was not a blinded partisan of any science direction, but a conscious investigator realizing that the complex study object requires a complex methodology.Авторът се представя като учен позитивист, който приема националната традиция (в конкретния случай на народата или расата на славяните) за материалноправен носител на правото. В този му възглед се вижда влиянието на немската историческа школа чрез руските ù адепти.

 

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