OUDOT (Julien) – FIRST ESSAYS ON THE PHILOSOPHY OF LAW AND THE METHODICAL TEACHING OF FRENCH LAWS; followed by LETTERS addressed to Mr. GIRAUD
OUDOT (Julien) – FIRST ESSAYS ON THE PHILOSOPHY OF LAW AND THE METHODICAL TEACHING OF FRENCH LAWS; followed by LETTERS addressed to Mr. GIRAUD
    OUDOT (Julien)
    FIRST ESSAYS ON THE PHILOSOPHY OF LAW AND THE METHODICAL TEACHING OF FRENCH LAWS; followed by LETTERS addressed to Mr. GIRAUD
Édition :
    Paris
Date :
    1846
    octavo, paperback, uncut, (cover slightly worn, rare and light foxing), interior well preserved and fresh, XXII-415 p.
    As Halpérin reminds us (nos. 43 and 45), the author was among the innovators within the faculty of law in Paris, which at that time seemed quite rigid. Contrary to what the title of the work might suggest, it is largely devoted to reflections on the methods of legal teaching, and it contains crucial considerations on the distinction between the exegetical and synthetic methods, and on the oppositions between the historical and philosophical methods, the author consistently striving for a middle ground between these different approaches. More circumstantially, but equally importantly, an entire section of the work is devoted to the analysis of the decree of September 22, 1843, which defined the curriculum for teaching civil law in the Faculties of Law. Its main proposal, contrary to the decree's stance, was to dissociate the progression in civil law studies from the order of the Code. In this regard, one should note, among other arguments, the point that as soon as the order of a course is fixed immutably and known in advance, “the exam catechisms are printed immediately, dedicated by speculation to the students' laziness. These students, no longer considering the three years as anything more than a deadline for obtaining a diploma, abandon the course to read these superficial works.” The last part is a collection of letters that the author addressed to the Inspector General of Law Faculties, some titles of which we quote: “Necessity of distinguishing between the objects and methods of teaching; reconciliation of the duties and rights of the State with freedom of education; order and duration of teaching; organization of the professorship; reconciliation of the variety of methods and division of examinations…” It seems to us that this work deserves a systematic analysis given its importance. Rare.

Référence : 57196

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Mots-clés : Philosophy of Law

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