Formen und Konkurrenzen juristischer Normativitäten im »Ius Commune« und in der Differentienliteratur (17./18. Jh.)

Abstract

Today’s growing multinormativity arises out of global developments in the world of states and their societies. As a result, there has been a corresponding increase in the legal and non-legal rules governing their actions and behaviour. The present paper focuses on the phenomenon of historical »multinormativity« that determined the legal and normative systems of the 17th –18th centuries, since »mononormativity« has not, in fact, ever existed. A large number and variety of laws, stemming from social elites or the ruler on specific legal questions, constitutes a veritable cosmos of norms of quite different genres in this period. Thus, pressure necessarily emerged to regulate competition and conflicts between these different norms as well as a search for solutions through comparative study.

Keywords

• juridical and non-juridical normative concepts
• grounds for decision
• legal pluralism
• collisions
• comparison