In the late eighteenth century it was commonplace the need for a general theory of creation and establishment of laws that would destroy the anarchic previous system, the general theory that began to be called "science of legislation." Rationalism aimed at the unification of law, there is the "legal positivism" which consists in transforming the principies of positive law provisions in rules. Thus presented the "Consolidation" as a system for conducting laws that present a certain homogeneity among themselves according to the subject matter. The spread of the Napoleonic Civil Code in Europe raised voices of opposition to the technique with which the codes were made. This raises the Historical School of Law in reaction to the rationalist natural law and the codification of law advocated by the School of Exegesis from France. The debate came to the Spanish Parliament, making not only lawyers but also the politicians line up at either school.
Keywords:
History - law - legal science - parliamentary debates
Sánchez Gonzáles, D. del M. (2010). Codificación versus jurisprudencia: el debate sobre la codificación en España en las cortes de mediados del siglo XIX. Revista Chilena De Historia Del Derecho, (22), Pág. 1301–1311. https://doi.org/10.5354/rchd.v0i22.22175
