New York University Project of Political Autonomy vs Legal Tradition Essay

the topic for the paper: “how does the project of political autonomy (as define in class) articulate to the legal tradition ?”

THE DEFINITION: The political autonomy, for Savigny, is the self development of the law. Where there is internal fragmentation (different organs of the law, the division of labor) and stepping away from external interference (the free thinks or philosophers). Savigny rejects the idea of political debate and is in line with a homogeneous consciousness that embodies language and law. Savigny advocates for the scientific and formalistic system of the law. With judges, lawyers, law professors, and jurists who produce new rationalization and pilot the evolution of the system, the evolution of the living body (the law). Where legislators should trim at the margins. Thus by producing the laws and applying them, the judges need to be objection where the creation of a new knowledge is necessary. This knowledge being a legal methodology that depicts a proper way of reasoning (an internal technical knowledge of what jurists are doing). This is all the technical element, where the political element is the common consciousness that is translated into the technical element via customs (customary law) that is imbued within the law and not a basis for the law.

For legal traditions, write of Roman law and its history and what happened to it. From both authors. Savigny uses the anecdote of how humans developed the need for law and those assigned to apply the law. The anecdote is that as humans domesticated and there began the division of labor, trade was difficult to establish between a baker or a weapons maker and thus they would approach the west líder (the wisest person) to help mediate the conflict. Thus this Elder became the assigned individual to the new professor of a kind of law. Which progressed as others had more and more conflicts, then trade conflicts with other settlements.

Use Bentham for more establishment of legal tradition. I have added an image of the pages to use from the Bentham texts.