Dějiny filozofie práva
Vladimír Kubeš
Jaromír Tauchen (ed.)
Title in English: History of Legal Philosophy
Vladimír Kubeš (1908–1988) – a Brno-based legal philosopher, civil lawyer, constitutional scholar, and legal theorist – was convinced that law can be truly understood only through the lens of philosophy. History of Legal Philosophy is the “fifth book” of his system of legal philosophy: a carefully structured guide to the major currents of European legal thought from antiquity to the twentieth century.
The book traces the development of legal philosophy from the Greeks (Homer, Solon, Plato, Aristotle), through Hellenistic and Roman schools and Roman jurists, medieval Christian conceptions of law (Augustine, Thomas Aquinas), and the Renaissance with the emergence of social contract theories, to the thinkers of the Enlightenment (Locke, Hume, Montesquieu, Rousseau). A central and extensive section is devoted to Immanuel Kant, followed by the first post-Kantian generation (Fichte, Schelling, Hegel, the historical school of law, and Schopenhauer), late nineteenth-century thought (Trendelenburg, Lasson, positivism, Jhering), and a broad range of twentieth-century approaches, including Neo-Kantianism, the Pure Theory of Law (normative theory), Neo-Hegelianism, phenomenology, Engliš’s theory of the order of thought, as well as sociological and psychological approaches to law. The exposition is firmly grounded in the Central European tradition, predominantly shaped by German-language scholarship.
Published from Kubeš’s literary estate, this monograph is presented as a historical source. It is intended for students and researchers in legal philosophy, legal theory, and legal history – indeed, for all who believe that law has meaning only insofar as it can withstand the test of justice.
This monograph is a ninth volume in the Reminiscentia iuridica series.
To be published in February 2026.