Abstract

In this paper I investigate Leibniz’s attempt to rationalize jurisprudence — an instance of the contribution of legal concepts to the constitution of probabilistic concepts, which several historians of science have recently brought to light. I begin my study by comparing Leibniz’s enterprise with the hierarchy of degrees of proof developed during the Middle Ages within the framework of scholarly law. Then I examine his contribution to the rationalization of «random contracts ». Legal concepts and method are not limited to defining concepts ; they also serve in setting up specific operational techniques of fractioning and composing rights, thereby revealing the essential role of fictions in constituting legal rationality. These techniques, which Leibniz put to use, for instance, in a letter to the philosopher Christian Wolff, published in Acta Eruditorum, make it possible

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