#feuerbach

Probably the best codification work of the Rhine Confederation period was the draft of a "General Civil Code for the Kingdom of Bavaria" from 1808/09, which was essentially based on the suggestions of Paul Johann Anselm von Feuerbach. By starting codification work, the Bavarian King Maximilian IV wanted to give in to Napoleon's urging to introduce his code in Bavaria as well. In a report for the Ministry of Justice in 1808 "on the manner of introducing the Code Napoleon in a German country", Feuerbach highlighted the main ideas of the Code Napoleon: freedom of the person; legal equality of subjects; equality of laws for all citizens of the state ; Freedom of property as well as independence and independence of the state from the church in all civil matters. For him, the Napoleonic Code was a result of the French Revolution: "It was the purpose of French legislation, on the one hand, to completely end the Revolution, on the other, to perpetuate the beneficial results of the Revolution".

Anyone who wants to destroy the basic ideas of a code of law through modification kills “the truly spiritual life of it and turns the living body into a corpse. In the modification retort, on which the inconvenient spiritus rector was supposed to evaporate, nothing more than a caput mortuum would ultimately remain, which would hardly be worth keeping. Precisely those parts of French legislation which contradict our existing German principles are its brightest points." When the discussions of the draft in the Privy Council were almost completed, the conservative aristocratic opposition brought down the proposal in 1809/10. Particularly because of the changes to mortgage law proposed by Feuerbach, the Bavarian draft represents a German version of the Napoleonic Code that is quite equal to the French original. Feuerbach paid particular attention to the linguistic version: insofar as a regulation of the Napoleonic Code should be retained, he was concerned with translating the French original into a "pure German legal language, not tainted by any provincialisms, possibly with the same advantages." However, this should not obscure the fact that the Commission has often exceeded the limits of mere translation. The most important change was that almost all traces of the French judicial constitution were erased from the draft. Article 530 of the Code Napoléon was also modified so that the replacement of perpetual basic pensions should only be permitted with the consent of both parties. The inheritance law was based on the succession order of Austrian law. The property law, which was almost completely ignored by the Napoleonic Code, was regulated in a separate chapter.

Source: Werner Schubert, Der Code civil (Code Napoléon) in Deutschland und das Reichsgericht

Citation c-dessus en introduction de La Société Du Spectacle (Guy Debord).

«El ser divino es la esencia humana transfigurada mediante la muerte de la abstracción; es el espíritu separado del hombre. En la religión se libera el hombre de los límites de la vida; aquí abandona lo que le oprime, paraliza y afecta en forma repugnante; Dios es el sentimiento de sí mismo del hombre liberado de toda repugnancia; libre, dichoso y feliz se siente el hombre únicamente en su religión, solamente aquí vive a su manera y celebra su domingo».

Ludwig Feuerbach: La esencia del cristianismo. Editorial Trotta, págs. 145-146. Madrid, 1995.

TGO

@bocadosdefilosofia

 To understand the capitalist domination over our lives and planet, we need to look not only at Marx, but also Feuerbach.  Capitalism came into the world “dripping from head to foot, from every pore, with blood and dirt,” as Marx put it in Capital. A massive amount of violence was necessary in order to dispossess peasants and force them “into the discipline necessary for the wage system. Once established, however, direct physical coercion ceased to the primary means by which the relations of production are reproduced. As Marx puts it: “The mute compulsion of economic relations seals the domination of the capitalist over the labourer. Extra-economic, immediate violence [Außerökonomische, unmittelbare Gewalt] is sure enough still applied, but only exceptionally. In the ordinary run of things, the labourer can be left to the “natural laws of production”, i.e., to his dependence on capital, a dependence springing from, andguaranteed in perpetuity by, the conditions of production themselves”