The experience of normative authority in the world of being. Philosophical foundations of theories of positive law in 19th century Germany.

• Applicant: Dr. Jens Eisfeld
• Subject Area: Principles of Law and Jurisprudence ; History of Philosophy ; History of Science
• Term: from 2015 to 2021
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 286140445

This research project examines the influence of epistemology on the origin of theories of positive law in 19th century Germany as well as the consequences arising therefrom for the method of legal reasoning. Starting point of the research project is the theory of reality in post-Kantian idealism that transforms the relationship between sensual perception and reason with regard to the humanities and the social sciences: While Immanuel Kant seperates these two components of empirical knowledge, Johann Gottlieb Fichte combines them in a theory of a priori world creation, so that the realm of experience can be regarded as an absolute and therefore authoritative totality. The research project will answer the question, if and how the perception of reality as a rational totality forms the foundation of 19th century theories of positive Law that draw from the epistemic authority of positive law and result in the restriction of legal reasoning to the experience of normativity.

• DFG Programme: Research Grants