The fixation of the law as a protense of normative fulfillment in the modern codes of the late XVIII and Carly XIX centuries

Authors

  • Santiago Zárate González Universidad Central de Chile

Abstract

The normative plenitude is a feature of legal systems that attempts to explain the absence of systemic gaps or voids, which means that all situations with legal content that may arise in the future are covered in advance by the current law (or act).There is no explicit development of the concept of normative plenitude in pre-codification texts, with the exception of Wolff, which gives a concept of legal system. For its part, and in the context of unification of the current law (positive), the method of fixation of the law, and then the codification (a term coined by Bentham), will have the effect of ending the diversity of legal systems existing at the time and the increasingly iniquitous actions of the judges, which will be translated into legal texts that started by abolishing all legislation. The fixation served as the basis for the codification, since this is a way for the absolute setting of the law (or act). Monarchical intervention following the phenomenon gave birth to a specific legislation applicable to particular cases, which was questioned by the jurists of the age. Also, the dichotomy ius / lex, allowed support of today’s disunity between legal gaps and law gaps.

Keywords:

Plenitud normativa, unificación, fijación, codificación