Deepening the understanding of historical-legal knowledge

Authors

  • Andrés Irarrázaval Gomien Universidad de Los Andes

Abstract

The social crisis at the end of 2019 in Chile has led to a general questioning of the country’s institutional framework and a debate on how it should be shaped in the future. In this context, parallels have been drawn with other periods of national history and old models of organization have been re-examined. The history of law can provide valuable background and tools for a better understanding of the legal and institutional past, allowing proposals rooted in Chilean reality. To this end, it is essential that academics in this discipline continue to deepen their methodology, through the analysis of its main exponents and authors from other related areas of knowledge that shed light to enrich their studies. This paper reviews the teachings of Friedrich Carl von Savigny, one of the founders of this legal discipline, in the light of the ideas of Hans-Georg Gadamer, a renowned 20th century philosopher.

Keywords:

Historial law school, Romanticism, Understanding of the past, Historical awareness, Methodology of the history of law