Abstract

POLOTTO, María Rosario. Jurisprudential knowledge, scientific law, and legislative sovereignty Legal. Historiographical considerations on the civil coding process in Argentina (1852-1936)*. Rev. hist. derecho [online]. 2020, n.59, pp.37-77. ISSN 1853-1784.

The essay studies the survival of a jurisprudential interpretation (in the broad sense), which, far from legitimizing the code by its legal sanction, it does it upon the knowledge of jurists. The review focuses on civil codification and "civilist" discourse. It analyzes the projection on the civil codification process of different categories that conceived the code as a "body of official doctrine", based on jurisprudential knowledge, to verify its gravitation during its legal sanction. It is also examined the re-signification of that concept, later understood as "scientific law" in the light of the social sciences and a new theory of law received at the beginning of the twentieth century to determine its impact on the conceptualization of legislative action and its limits. It concludes by explaining the weight of these issues in the first comprehensive attempt to reform the civil code, which was embodied in the 1936 Project.

Keywords : Codification; Jurisprudential Knowledge; Scientific Law; Legislative Power.

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