O contexto do texto: notas introdutórias à história do direito público na idade moderna
The construction and differentiation of public law as an autonomous branch of jurisprudence was a typical phenomenon of Early Modern Times, which reflected, influenced and favoured the development of stateship. Leading to a lot of political, social and cultural tensions, the growth of the Modern Sta...
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| Format: | Article |
| Language: | Portuguese |
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2007
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4818304 |
| Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 28, Nº. 55, 2007, pags. 253-286 |
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| Summary: |
The construction and differentiation of public law as an autonomous branch of jurisprudence was a typical phenomenon of Early Modern Times, which reflected, influenced and favoured the development of stateship. Leading to a lot of political, social and cultural tensions, the growth of the Modern State demanded new answers from juridical thought. Corresponding to this multiplicity of “tension points” there was a considerable variety of subjects inside the “ius publicum”, whose connection could only be conceived by means of appealing to a systematic natural law or to the unifying force of sovereignty. Public law conquered institutional “loci” and built its own specific “discourse”. It incorporated not only traditional concepts originated from the provinces of law and politics, but also changed their essence and function. Consisting of these and other new concepts, the conceptual apparatus of the “ius publicum” must be seen as one of the keys to the understanding of the public law of Early Modern Times. |
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