Ancient Legal Thought Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Ancient Legal Thought book. This book definitely worth reading, it is an incredibly well-written.
"Nearly four thousand years ago, kings in various ancient societies, especially in Mesopotamia (contemporary Iraq), faced a crisis of major proportions. Large portions of the population were horribly in debt, many being forced to sell themselves or their children into slavery to pay off their debts. The laws and customs seemed to support the commercial practices that allowed lenders to charge 20%-30% interest, and the law protected the lenders and gave no recourse for the indebted. Strict justice called for the creditors to receive what they were due. But another legal concept, the emerging idea of equity, seemed to call for a different result - the use of law as a vehicle to free people from economic oppression. Debt relief edicts were instituted - "clean-slate laws" as they were known - and are of obvious relevance today as well where crushing debt is a major issue underlying social inequality"--
"Nearly four thousand years ago, kings in various ancient societies, especially in Mesopotamia (contemporary Iraq), faced a crisis of major proportions. Large portions of the population were horribly in debt, many being forced to sell themselves or their children into slavery to pay off their debts. The laws and customs seemed to support the commercial practices that allowed lenders to charge 20%-30% interest, and the law protected the lenders and gave no recourse for the indebted. Strict justice called for the creditors to receive what they were due. But another legal concept, the emerging idea of equity, seemed to call for a different result - the use of law as a vehicle to free people from economic oppression. Debt relief edicts were instituted - "clean-slate laws" as they were known - and are of obvious relevance today as well where crushing debt is a major issue underlying social inequality"--
Ancient Law is a legal treatise by Henry James Sumner Maine. It dives into the development of ancient Roman laws, bridging the ancient to the modern in a logical manner.
A Treatise of Legal Philosophy and General Jurisprudence by Fred D. Miller Jr.,Carrie-Ann Biondi Pdf
The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise’s historical volumes (following the five theoretical ones) and is dedicated to the philosophers’ philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics (Chapter 14, by Annabel Brett) and an epilogue (by Carrie-Ann Biondi) on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes.
The theory of legal development propounded in this volume has been generally accepted; but it has been thought that, in his Fifth Chapter on Primitive Society and Ancient Law, the Author has not done sufficient justice to investigations which appear to show the existence of states of society still more rudimentary than that vividly described in the Homeric lines quoted, and ordinarily known as the Patriarchal State. The Author has mentioned accounts by contemporary observers of civilisations less advanced than their own, as capable of affording peculiarly good evidence concerning the rudiments of society; and, in fact, since his work was first published, in 1861, the observation of savage or extremely barbarous races has brought to light forms of social organisation extremely unlike that to which he has referred the beginnings of law, and possibly in some cases of greater antiquity. The subject is, properly speaking, beyond the scope of the present work, but he has given his opinion upon the results of these more recent inquiries in a paper on Theories of Primitive Society, published in a volume on Early Law and Custom.
Author : Sir Henry James Sumner MAINE Publisher : Unknown Page : 434 pages File Size : 43,7 Mb Release : 1861 Category : Comparative law ISBN : HARVARD:32044049682206
The book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering. - How different are the epistemological concerns of religious-law in comparison to other legal systems? - In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions? - What specifies legal reasoning and legal knowledge in a religious framework? The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework. The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.
Author : J. G. A. Pocock Publisher : Cambridge University Press Page : 428 pages File Size : 45,7 Mb Release : 1987-04-24 Category : History ISBN : 052131643X
This is a study of the central role of history in late nineteenth-century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism. Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory and the history of higher education.
This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
Platonic Legislations by David Lloyd Dusenbury Pdf
This book discusses how Plato, one the fiercest legal critics in ancient Greece, became – in the longue durée – its most influential legislator. Making use of a vast scholarly literature, and offering original readings of a number of dialogues, it argues that the need for legal critique and the desire for legal permanence set the long arc of Plato’s corpus—from the Apology to the Laws. Modern philosophers and legal historians have tended to overlook the fact that Plato was the most prolific legislator in ancient Greece. In the pages of his Republic and Laws, he drafted more than 700 statutes. This is more legal material than can be credited to the archetypal Greek legislators—Lycurgus, Draco, and Solon. The status of Plato’s laws is unique, since he composed them for purely hypothetical cities. And remarkably, he introduced this new genre by writing hard-hitting critiques of the Greek ideal of the sovereignty of law. Writing in the milieu in which immutable divine law vied for the first time with volatile democratic law, Plato rejected both sources of law, and sought to derive his laws from what he called ‘political technique’ (politikê technê). At the core of this technique is the question of how the idea of justice relates to legal and institutional change. Filled with sharp observations and bold claims, Platonic Legislations shows that it is possible to see Plato—and our own legal culture—in a new light “In this provocative, intelligent, and elegant work D. L. Dusenbury has posed crucial questions not only as regards Plato’s thought in the making, but also as regards our contemporaneity.”—Giorgio Camassa, University of Udine “There is a tension in Greek law, and in Greek legal thinking, between an understanding of law as unchangeable and authoritative, and a recognition that formal rules are often insufficient for the interpretation of reality, and need to be constantly revised to match it. Dusenbury’s book illuminates the sophistication of Plato’s legal thought in its engagement with this tension, and explores the potential of Plato’s reflection for modern legal theory.”—Mirko Canevaro, The University of Edinburgh
Together, the chapters in Empire and Legal Thought make the case for seeing the history of international legal thought and empires against the background of broad geopolitical, diplomatic, administrative, intellectual, religious, and commercial changes over thousands of years.
