6533b82cfe1ef96bd1290745

RESEARCH PRODUCT

Krausisme juridique et politique en Europe

Oscar Ferreira

subject

Philosophie du droit[SHS.DROIT]Humanities and Social Sciences/Law[SHS.DROIT] Humanities and Social Sciences/LawRégulation socialeKrausisme juridiqueFéminismeCorporatismeDroit naturel

description

The German philosopher of law Karl Krause (1781-1832), who is not well known in France, had a rich intellectual legacy. His philosophy is presented as a rationalist and humanist spiritualism. However, it is his political and legal aspects that will have the greatest impact. Indeed, in order to allow man to reach his "pure and complete humanity", the political side of Krausism carried a vast educational and progressive programme, inserted within a solidary liberalism and an organic democracy. The latter is built on a dualist representative system with a specific chamber for the representation of social interests, which some might see as a prefiguration of the corporate chambers. The aim is to bring people together around their common goals through a harmonious set of general and special associations, thus putting an end to unnecessary and harmful competition. In addition to solving the "social question", the associative synergy thus allows the formation of an "Alliance of Humanity", the ultimate federation crowning all associations; it initiates, at the same time, the third age of human history identified by Krause: that of harmony. In order to guarantee the triumph of this third age, the juridical side of Krausism opted for a rethinking of the theory of the State: it promotes and disseminates the law and the cultural values it carries within, always with the idea of leading each human being to his full development. The applications were numerous, from the abolition of the death penalty in 1867 by the Portuguese Krausists, to the avant-garde of the Krausists on issues such as ecology and women's rights.

https://hal.archives-ouvertes.fr/hal-03279229