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With a selection of essays chosen from a wide range of possible candidates this collection strikes an optimal balance between direct relevance to controversies and rigorous contributions from Hegelian scholarship with regard to Hegel and the law.
Hegel and Legal Theory by Drucilla Cornell,Michel Rosenfeld,David Gray Carlson Pdf
The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.
The Philosophy of Right & The Philosophy of Law by Georg Wilhelm Friedrich Hegel Pdf
"The Philosophy of Right" is Hegel's most mature statement of his legal, moral, social and political philosophy. It begins with a discussion of the concept of the free will and argues that the free will can only realize itself in the complicated social context of property rights and relations, contracts, moral commitments, family life, the economy, the legal system, and the polity. A person is not truly free, in other words, unless he is a participant in all of these different aspects of the life of the state. "The Philosophy of Law" is an essay in which Hegel explains the fundamentals of legal philosophy. Hegel's philosophy of law is best understood as a natural law theory.
An introduction to Hegel's ideas on the nature of law. This book takes readers through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, and international law.
Complete and unabridged, this edition of Georg Wilhelm Friedrich Hegel's 1821 classic offers a comprehensive view of the philosopher's influential system. In the Philosophy of Right, Hegel applies his most important concept--the dialectics--to law, rights, morality, the family, economics, and the state. The last of Hegel's works to be published in his lifetime, this volume combines moral and political philosophy to form a sociologic view dominated by the idea of the state. Hegel defines universal right as the synthesis between the thesis of an individual acting in accordance with the law and the occasional conflict of an antithetical desire to follow private convictions. The state, he declares, must permit individuals to satisfy both demands, thereby realizing social harmony and prosperity--the perfect synthesis. Further, Hegel renounces his formerly favorable assessment of the French Revolution and rejects the republican form of government, suggesting instead an idealized form of a constitutional monarchy, in which ultimate power rests with the sovereign.
Legal Philosophy from Plato to Hegel by Huntington Cairns Pdf
Originally published in 1949. Huntington Cairns identifies the views that major Western philosophers took on law, the problems they considered significant about law, and the nature of the solutions they proposed. This book develops ideas discussed in Cairns' Law and the Social Sciences (1935) and Theory of Legal Science (1941). The object of these three volumes is the same: to construct the foundation of a theory of law that is the necessary antecedent to a possible jurisprudence. The inventory of philosophers that Cairns examines includes Plato, Aristotle, Cicero, Aquinas, Hobbes, Spinoza, and Hegel.
Eduard Gans and the Hegelian Philosophy of Law by M.H. Hoffheimer Pdf
Gans ranks at the head of that important group of Hegelian thinkers that bridged the generations of Hegel and Marx. ! Yet there is a large gap between Gans 's historical importance and the scholarship on him. Despite a renewal of interest in Gans's work on the Continent,2 Gans remains almost completely unknown to English-Ianguage scholars, and almost none ofhis work has been 3 previously translated. His Prefaces to his posthumous editions of Hegel's writings are inaccessib1e to English speakers, despite the fact that they shed important light on the authenticity of the so-called Additions to those texts. His Preface to Hegel's Philosophy ofLaw has never been translated before, while his Preface to the Philosophy of History has been omitted from reprintings 4 for generations. Moreover, the recent scholarship on the Continent has focused on Gans 's political and philosophical rather than his legal writings. There is little dis cussion in any language ofhis system oflaw, which is the focus ofthe present study. Some of the reasons for the neglect of Gans are obvious. Gans cannot be a hero for most readers today. He accepted apostasy as a means to profes sional advancement. And though more liberal than Hegel, Gans nonetheless accommodated himself to the results of the Restoration and evaded political persecution that might have kindled the sympathy of later generations.
Hegel: Elements of the Philosophy of Right by Georg Wilhelm Fredrich Hegel Pdf
This book is a translation of a classic work of modern social and political thought, Elements of the Philosophy of Right. Hegel's last major published work, is an attempt to systematize ethical theory, natural right, the philosophy of law, political theory and the sociology of the modern state into the framework of Hegel's philosophy of history. Hegel's work has been interpreted in radically different ways, influencing many political movements from far right to far left, and is widely perceived as central to the communication tradition in modern ethical, social and political thought. This edition includes extensive editorial material informing the reader of the historical background of Hegel's text, and explaining his allusions to Roman law and other sources, making use of lecture materials which have only recently become available. The new translation is literal, readable and consistent, and will be informative and scholarly enough to serve the needs of students and specialists alike.
Author : Shannon Hoff Publisher : State University of New York Press Page : 312 pages File Size : 49,7 Mb Release : 2014-03-27 Category : Philosophy ISBN : 9781438450292
Drawing from a variety of Hegel's writings, Shannon Hoff articulates a theory of justice that requires answering simultaneously to three irreducibly different demands: those of community, universality, and individuality. The domains of "ethicality," "legality," and "morality" correspond to these essential dimensions of human experience, and a political system that fails to give adequate recognition to any one of these will become oppressive. The commitment to legality emphasized in modern and contemporary political life, Hoff argues, systematically precludes adequate recognition of the formative cultural contexts that Hegel identifies under the name of "ethical life" and of singular experiences of moral duty, or conscience. Countering the perception of Hegel as a conservative political thinker and engaging broadly with contemporary work in liberalism, critical theory, and feminism, Hoff focuses on these themes of ethicality and conscience to consider how modern liberal politics must be transformed if it is to accommodate these essential dimensions of human life.
This book, the result of 40 years of Hegel research, gives an integral interpretation of G.W.F. Hegel's mature practical philosophy as contained in his textbook, Grundlinien der Philosophie des Rechts, published in 1820, and the courses he gave on the same subject between 1817 and 1830.
Author : G. W. F. Hegel Publisher : University of Pennsylvania Press Page : 139 pages File Size : 47,6 Mb Release : 2011-07-12 Category : Philosophy ISBN : 9780812200256
One of the central problems in the history of moral and political philosophy since antiquity has been to explain how human society and its civil institutions came into being. In attempting to solve this problem philosophers developed the idea of natural law, which for many centuries was used to describe the system of fundamental, rational principles presumed universally to govern human behavior in society. By the eighteenth century the doctrine of natural law had engendered the related doctrine of natural rights, which gained reinforcement most famously in the American and French revolutions. According to this view, human society arose through the association of individuals who might have chosen to live alone in scattered isolation and who, in coming together, were regarded as entering into a social contract. In this important early essay, first published in English in this definitive translation in 1975 and now returned to print, Hegel utterly rejects the notion that society is purposely formed by voluntary association. Indeed, he goes further than this, asserting in effect that the laws brought about in various countries in response to force, accident, and deliberation are far more fundamental than any law of nature supposed to be valid always and everywhere. In expounding his view Hegel not only dispenses with the empiricist explanations of Hobbes, Hume, and others but also, at the heart of this work, offers an extended critique of the so-called formalist positions of Kant and Fichte.
