ABSTRACT

The speculative problem of history arises initially for Giambattista Vico in Il the context ot theoretical jurisprudence and with especial reference to its central problem, that of the natural law. The chief problem of theoretical jurisprudence that of the natural law arises, in Vico's view, from the intimate exigencies of practical jurisprudence. The consequence of this classical conception of the natural law and of the natural law enterprise seemed readily discernible to Vico. The non-viability of the jurisprudential process which is the principal effect of the diremption of the positivity and the ideality of the law is accompanied by consequences equally as portentous. The dissociation and alienation of the historical and the ideal dimensions of law introduces confusion into both. The fundamental insights of Roman jurisprudence, by which it was enabled, to resolve the trauma between the certum and the verum of the law, were two, in Vico's account, Providence and the sette dei tempi, the notion of time.