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Author : H. J. van Eikema Hommes
Publisher : North-Holland
Page : 472 pages
File Size : 46,6 Mb
Release : 1979
Category : Law
ISBN : STANFORD:36105043621585
Author : Fritz Berolzheimer
Publisher : The Lawbook Exchange, Ltd.
Page : 550 pages
File Size : 43,5 Mb
Release : 2002
Category : Law
ISBN : 9781584772552
A Solid Introduction to Legal Philosophy This lucid, wide-ranging account traces the evolution of the philosophy of law and offers an introduction to its primary authors. Berolzheimer is especially interested in the law's ability to serve as a progressive humanitarian force. This is evident, for example, in the contribution it has made to the emancipation of repressed social classes. "These fundamental questions are discussed by Dr. Berolzheimer in a work of remarkable learning... I have before me as I write the works of Stahl, Krause, and Lasson, dealing with the Philosophy of Law. They are not comparable with this volume in point of research." --Sir John Macdonell, Introduction, xxix Fritz Berolzheimer [1869-1920] was a German legal philosopher and author of the five-volume System der Rechts- und Wirtschaftsphilosophie (1904-07). This work is the second volume of that set. He was managing editor of the important philosophy of law journal, "Archiv für Rechts-und Wirtschaftsphilosophie" and president of the International Society of Legal and Economic Philosophy in Berlin. Rachel Szold Jastrow [d. 1926] was a suffragist and sister of Henrietta Szold, founder of Hadassah, the Women's Zionist Organization of America. Her husband, Joseph Jastrow, was a professor of psychology at the University of Wisconsin. Sir John Macdonell [1846-1921] was an eminent British jurist and Quain Professor of Comparative Law at University College, London. Albert Kocourek [1875-1952] was a Professor of Law at Northwestern University. CONTENTS Introduction Ch. I. Origins of Oriental Civilization Ch. II. The Ancient Commonwealth: Greek Civilization Ch. III. The Civic Empire of Ancient Rome and the Moralization of Roman Law Ch. IV. The Bondage of Mediævalism Ch. V. Civic Emancipation: The Rise and Decline of "Natural Law" Ch. VI. The Emancipation of the Proletariat. Encroachment upon the Philosophy of Law by Economic Realism Ch. VIII. The Sociological Reconstruction of Legal Philosophy
Author : Enrico Pattaro,Corrado Roversi
Publisher : Springer Science & Business Media
Page : 1912 pages
File Size : 52,7 Mb
Release : 2016-07-13
Category : Philosophy
ISBN : 9789400714793
A Treatise of Legal Philosophy and General Jurisprudence is 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 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Author : Roscoe Pound
Publisher : Transaction Publishers
Page : 332 pages
File Size : 42,5 Mb
Release : 1922
Category : Law
ISBN : 1412817188
Roscoe Pound ranks as one of the most prominent legal scholars in the development of American jurisprudence. In An Introduction to the Philosophy of Law, he shows how philosophy has been a powerful instrument throughout the history of law. He examines what philosophy has done for some of the chief problems of the science of law and how it is possible to look at those problems philosophically without treating them in terms of a particular time period. The function of legal philosophy, writes Pound, is to rationally formulate a general theory of law which conforms to the interests, the general security first and foremost, of society. According to Pound, philosophies of law historically have rationally adjusted legal developments to the circumstantial needs of society. Pound concerned himself primarily with the practical effects of American legal developments within the context of social interests and general security. He encouraged American jurists to abandon efforts to conform obsolete models of legal philosophy to new realities. The significance of Pound's scholarship, particularly An Introduction to the Philosophy of Law, is the legal relativism inherent therein and its ongoing impact not merely on American jurisprudence, but on the imperative that American public policy be tested in the juridical crucible of relativism. Marshall DeRosa writes in his new introduction that in the light of twentieth-century judicial politics, Roscoe Pound's philosophy of law has prevailed to a significant extent. This book's relevance to appreciating the development of the American legal system in all its complexities--including liability law, contract law, and property law--is in itself notable. But, in terms of understanding the twentieth-century development of the American rule of law, An Introduction to the Philosophy of Law is indispensable. It will make an invaluable addition to the personal libraries of legal theorists, philosophers, political scientists, and historians of American law.
Author : Larry May,Jeff Brown
Publisher : John Wiley & Sons
Page : 649 pages
File Size : 50,6 Mb
Release : 2009-05-18
Category : Philosophy
ISBN : 9781405183888
Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory
Author : Damiano Canale,Paolo Grossi,Hasso Hofmann,Patrick Riley
Publisher : Unknown
Page : 446 pages
File Size : 46,6 Mb
Release : 2009-08-05
Category : Law
ISBN : STANFORD:36105134462998
A Treatise of Legal Philosophy and General Jurisprudence is 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 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 2012/2013), 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 9: A History of the Philosophy of Law in the Civil Law World, 1600–1900 edited by Damiano Canale, Paolo Grossi and Hasso Hofmann Provides an in-depth study of the different ways of understanding law which were developed from the mid-17th century to the end of the 19th century by jurists and legal philosophers working in the civil-law tradition. In particular, the book collects chapters offering a systematic history of the basic legal concepts and of the disciplines that systematized them in a set form in the legal thought of Continental Europe. The first two chapters discuss the way the scientific method elaborated and firmed up by modern natural-law theory was received into European legal science in the period leading to the French Revolution, with Chapter 1 focusing on the Germanic area, and Chapter 2 instead on the French area. Chapter 3 is devoted to the European legal Enlightenment, and to the reverberations this movement had on the culture as well as on the politics of law. Chapter 4 discusses the codification of law, describing in what ways and to what degree codification shaped the structure of Europe’s legal systems and the organization of its society through law. Chapter 5 traces out the development of German legal science through the crisis of modern natural-law theory and the birth of the great European codes, considering in particular the birth of the Historical School of law and its later development with Puchta. Chapter 6 reconstructs the birth and evolution of the modern science of administration, which played a central role in helping the institutions of the modern state become woven into the social and economic fabric. Chapter 7 is dedicated to the history of European constitutionalism. Chapter 8 discusses the crisis of conceptual jurisprudence, the voluntarist and vitalistic conceptions this crisis led to, and the birth of neo-idealist movements in the late 19th and early 20th centuries. The volume editors and contributors are international leading specialists from Italy, France, Spain, and Germany. Volume 10: The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days by Patrick RileyOffers a comprehensive and original treatment of the philosophers’ philosophy of law from Grotius to the "left Kantianism" of Rawls and Habermas. The volume also discusses some "philosophers of law" who are not philosophers in a broader sense, but who cannot be omitted because certain far greater "real" philosophers would then become unintelligible. The philosophy of law is viewed in this work as a final outgrowth of a more general moral philosophy, and that moral philosophy in turn as an outgrowth of "first philosophy" (metaphysics, epistemology, theology). Special prominence is given to Leibniz, Malebranche, and Kantianism. Leibniz combines philosophical and jurisprudential greatness in a way achieved by no other. Since Leibniz has never been rendered his jurisprudential "due" in English, the present volume offers an occasion for that rectification. On the other hand, without Malebranche’s contribution, the jurisprudence of Montesquieu and of Rousseau would not exist. Finally, Kantianism is crucial not only because of its influence on early Marx, Rawls, and Habermas, but also because the central Kantian practical notions seem to be the best moral-legal principles for a contemporary, non-theocratic, non-utilitarian world. Though the volume begins mainly with the "17th century," the author nonetheless offers a "Prologue on Machiavelli." This is simply because certain later figures are hard to make intelligible without a knowledge of "Machiavelism"—this applies above all to Hobbes, Leibniz, Rousseau, Hegel, and Nietzsche. The author is an outstanding legal and political philosopher. Pupil of Michael Oakeshott, John Rawls, Judith Shklar, Carl J. Friedrich, and Lon Fuller, he is currently professor at Harvard University.
Author : Immanuel Kant
Publisher : The Lawbook Exchange, Ltd.
Page : 302 pages
File Size : 43,5 Mb
Release : 2002
Category : Ethics
ISBN : 9781584771319
Kant's Master Work Published in 1797, The Philosophy of Law [Rechtslehre] stands as one of the most significant late works by the great Prussian philosopher. Though he lived in an atmosphere of political and social repression, it is evident that Kant was sensitive to the revolutionary spirit that was spreading throughout Europe in the wake of Napoleon's armies. Claiming that man is born with reason and an innate desire for freedom, he argued that the union of these natural gifts could bring about a new sense of order and harmony in future generations. This edition also reprints Kant's later Supplementary Explanations (1797), which was added to the second edition (1798). Immanuel Kant [1724-1804] was the foremost thinker of the late Enlightenment and one of the greatest figures in the history of Western philosophy. Concerned principally with epistemology, ethics and aesthetics, his work synthesized trends initiated by Rationalism and Empiricism; it has been a significant influence in the subsequent development of philosophy, religion and law.
Author : C.W. Maris,F.C.L.M. Jacobs
Publisher : Springer Science & Business Media
Page : 416 pages
File Size : 43,9 Mb
Release : 2011-09-07
Category : Law
ISBN : OSU:32437123100360
This book offers a historical overview on questions of individual autonomy and fundamental freedoms in a pluralistic society, and the extent to which modern Enlightenment values can serve as the universal foundation of law and society.
Author : Brian Bix
Publisher : Unknown
Page : 456 pages
File Size : 42,6 Mb
Release : 2006
Category : Law
ISBN : 0415342155
"The first two volumes of the collection are devoted primarily to analytical legal theory--in particular, theories about the nature of law. This is the idea of legal philosophy most familiar to jurisprudential students in the English-speaking world, and many of the civil-law countries. The last two volumes sample schools and theorists who mostly come from outside the analytical tradition, and who are, in one sense or another, critical theorists--theorists more interested in offering systematic critiques of law or general prescriptions. The four volumes of the collection are divided into six parts. Part one brings together key work on the methodology of analytical philosophy and Part two collects the most important scholarship on forms of legal positivism, including material in the Austin-Hart tradition, 'inclusive vs. exclusive legal positivism' and Kelsenian legal positivism. Part three ('Critics of Legal Positivism') gathers material in the natural-law tradition; the work and influence of Lon Fuller and Ronald Dworkin are also fully explored here. Parts four to six are an assembly of the best and most important thinking by and about normative and critical theorists working outside the analytical tradition. Part four gathers material under the rubric of legal realism, exploring both the American and Scandinavian schools as well as their predecessors. Part five examines one of the most influential movements in modern legal theory and legal practice: known as 'law and economics' or the 'economic analysis of law', this approach has come to dominate American scholarship, and its role is growing in other countries too. Finally, part six makes available key research on a variety of critical theories of law that have grown up around systematic critiques of Western legal systems. Included here is work by the American legal realists, as well as work by feminists and scholars pursuing critical race theory. The intersection of law and literature is also examined, as are other approaches to law and legal theory: Habermas's 'proceduralist paradigm'; the concept of 'autopoiesis'; and the work of Rorty and Fish. This Routledge Major Work illustrates the many ways in which philosophical methods and theories have been used to explore aspects of law and legal practice, and with a comprehensive introduction, newly written by the editor, which places the collected material in its historical and intellectual context, Philosophy of Law is an essential collection destined to be valued by scholars and students as a vital research resource."--Publisher's website.
Author : Francis J. Mootz III
Publisher : Cambridge University Press
Page : 311 pages
File Size : 44,6 Mb
Release : 2009-03-23
Category : Law
ISBN : 9781139478854
In recent years, there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of these disciplines might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers leading scholars to provide focused and straightforward articulations of the role that philosophy might play at this juncture of the history of American legal thought. It marks the seventy-fifth anniversary of Karl Llewellyn's essay 'On Philosophy in American Law' in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. It is written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together.
Author : Enrico Pattaro,Corrado Roversi
Publisher : Springer
Page : 1300 pages
File Size : 51,7 Mb
Release : 2011-11-25
Category : Philosophy
ISBN : 9400714807
A Treatise of Legal Philosophy and General Jurisprudence is 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 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Author : Michael Lobban
Publisher : Springer Science & Business Media
Page : 445 pages
File Size : 43,9 Mb
Release : 2010-01-25
Category : Philosophy
ISBN : 9781402049514
This comprehensive treatment of legal philosophy and general jurisprudence is designed for jurists as well as legal and practical philosophers. The treatise is presented in two sections: The 5-volume Theoretical part (2005) covers topics of contemporary debate; The 6-volume Historical part (2006-2007) traces the development of legal thought from ancient Greece through the twentieth century. This release incorporates Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics; Vol. 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century; and Vol 8: A History of the Philosophy of Law in the Common Law World, 1600-1900.
Author : Michael Lobban
Publisher : Springer
Page : 948 pages
File Size : 54,6 Mb
Release : 2007-01-24
Category : Philosophy
ISBN : 1402049501
This comprehensive treatment of legal philosophy and general jurisprudence is designed for jurists as well as legal and practical philosophers. The treatise is presented in two sections: The 5-volume Theoretical part (2005) covers topics of contemporary debate; The 6-volume Historical part (2006-2007) traces the development of legal thought from ancient Greece through the twentieth century. This release incorporates Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics; Vol. 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century; and Vol 8: A History of the Philosophy of Law in the Common Law World, 1600-1900.
Author : Enrico Pattaro,Corrado Roversi
Publisher : Springer
Page : 1912 pages
File Size : 52,6 Mb
Release : 2016-07-13
Category : Philosophy
ISBN : 9400714793
A Treatise of Legal Philosophy and General Jurisprudence is 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 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Author : Ellen Goodman
Publisher : Federation Press
Page : 324 pages
File Size : 51,6 Mb
Release : 1995
Category : History
ISBN : 1862871817
Ellen Goodman uses extensive extracts from original writings to highlight the main themes of the Western legal tradition. The strength of the book is its clear focus on the heart of the tradition: constitutionalism, representative institutions and rule by law. Goodman links Christianity to its origins in Greek philosophy and Judaism. She delves into the position of the Roman Church as the tenuous, Dark Ages conduit. Feudalism lives and dies and the common law and parliament emerge. The author accurately and vividly charts the main currents, avoiding both the shoals and the myriad tributaries, and so enables readers to have a clearer and deeper understanding of our present legal system.
