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Author : Shirley Robin Letwin
Publisher : Unknown
Page : 0 pages
File Size : 40,9 Mb
Release : 2004
Category : Law
ISBN : OCLC:903934533
Author : Shirley Robin Letwin
Publisher : Cambridge University Press
Page : 364 pages
File Size : 46,6 Mb
Release : 2005-11-10
Category : Political Science
ISBN : 9781139448499
On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato's writings to today. Professor Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H. L. A. Hart and especially Michael Oakeshott to mount a devastating attack on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence. In all of this, Professor Letwin finds the rule of law to be the key to modern liberty and the standard of justice. This is the final work of the distinguished historian and theorist Shirley Robin Letwin, a major figure in the revival of Conservative thought and doctrine from 1960 onwards, who died in 1993.
Author : Roberto Mangabeira Unger
Publisher : Deep Freedom Books
Page : 76 pages
File Size : 54,8 Mb
Release : 2021-01-29
Category : Law
ISBN : 8210379456XXX
This essay explores the contradictory coexistence between two approaches to law that have been dominant in all major legal traditions: law as the normative order chosen by the legitimate and effective holders of power in the state and law as a normative order implicit in social life -- a series of detailed models of what relations among people can and should look like in different parts of social experience. The rudimentary form of the first approach is legal thought as the interpretation of law laid down by the sovereign. The simplest form of the second approach is legal thought as authoritative doctrine developed by jurists and judges in the absence of legislation or as its most important source. The central problems of legal theory result from the impossibility of reconciling these two views of law. The solution to those problems is not theoretical; it is practical: the changes in the organization of society, the economy, and the state that would make democratic self-government a reality -- rather than the sham that it continues to be -- and transform the character of both legislation and legal doctrine. Such a practical solution, however, requires, to guide it, a revolution in our thinking about the institutional and ideological regimes, expressed as law, that shape social life. The foremost task of legal thought today, and the answer to the enigmas of its universal history, is to contribute to the development of that way of thinking.
Author : H. J. van Eikema Hommes
Publisher : North-Holland
Page : 472 pages
File Size : 43,8 Mb
Release : 1979
Category : Law
ISBN : STANFORD:36105043621585
Author : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 51,7 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487504632
A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Author : Carl Joachim Friedrich
Publisher : University of Chicago Press
Page : 309 pages
File Size : 48,7 Mb
Release : 1963
Category : Law
ISBN : 9780226264660
Author : Friedrich Julius Stahl
Publisher : WordBridge Publishing
Page : 223 pages
File Size : 51,6 Mb
Release : 2021-02-20
Category : Law
ISBN : 8210379456XXX
As the world reels from crisis to crisis, the most serious one seems to draw the least attention. And that is the crisis of the Western mind. The seeds of radical subjectivism sown at the time of a previous such crisis, chronicled in Paul Hazard’s Crisis of the European Mind, have now borne fruit, fruit of such stupendous magnitude that they threaten to drag us down into the depths of cultural despair. In The Rise and Fall of Natural Law, this descent into the maelstrom was chronicled from its origin to its inevitable conclusion – at least, in the world of intellect. Culture lags intellect, but it is never insulated from it. Ideas do have consequences. The intellectual counterpart to our cultural crisis already played itself out 200 years ago. The crisis of the European mind, by which intellectual culture shifted from Revelation to Reason, found its fitting conclusion in the work of the ultimate solipsist, Johann Gottlieb Fichte. Fichte’s focus on enthusiastic conviction and the primacy of the subjective makes him the prophet of the modern world. Indeed, his orientation has now triumphed for all to see. His story, and the stories of those leading up to him – the leading characters in “the Rise and Fall of Natural Law” – are crucial to understanding the genesis of the modern world. But that is not the end of the story, for history goes on. That spot, precisely where the first half of Stahl’s history of legal philosophy leaves off, is where the second half picks up. The Recovery of Historical Law narrates the attempts to overcome this radical subjectivism and establish a functioning social order in which the ideal matches up with the real, the theory is in harmony with the practice. After discussing the work of Locke, Montesquieu, Constant, and the Doctrinaires, all of whom functioned fully within the framework of autonomous natural law while attempting to mitigate it, Stahl reveals the hero of the story: Friedrich Schelling. It was Schelling who initiated the gargantuan task of reorienting philosophy away from subjectivism and back toward objective reality. Stahl characterizes this as a “Samsonesque act” whereby Schelling “lifted the temple of the previous philosophy off of its pillars and buried the whole army of enemies, himself included, under its ruins.” For one thing, this explains the cover illustration, “Samson Destroying the Philistine Temple.” For another, it intimates how Schelling, like Moses, stood at the entry to the Promised Land without entering in. Schelling’s philosophy is an exercise in pantheism, an orientation from which he struggled to free himself later in life. And in fact, Hegel, his great fellow laborer in so-called “speculative philosophy,” took that pantheism and turned it into a mighty system in its own right. A rabbit trail that carried many into another dead end, one with which we wrestle today: “conscious” or “woke” big government. But that is not the end of the story. Schelling’s first fruits were recovered by the Historical School of Jurisprudence, led by Friedrich Carl von Savigny. Here the work of Counter-Revolutionaries such as Joseph de Maistre and Edmund Burke was carried forward to bear fruit for jurisprudence. And this is the foundation for Stahl’s own system, as contained in Volume II: The Doctrine of Law and State on the Basis of the Christian World-View. It is on this basis that the laborious task to reconstruct Western civilization can begin. And not a moment too soon.
Author : Pietro Costa,Danilo Zolo
Publisher : Springer Science & Business Media
Page : 700 pages
File Size : 55,7 Mb
Release : 2007-05-06
Category : Law
ISBN : 9781402057458
Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
Author : Roscoe Pound
Publisher : Cambridge University Press
Page : 193 pages
File Size : 55,5 Mb
Release : 1967
Category : Law
ISBN : 9781107698192
Originally published in 1923, this book presents a critical history of juristic thought as it developed in England and other countries.
Author : Gunnar Folke Schuppert
Publisher : Unknown
Page : 128 pages
File Size : 48,6 Mb
Release : 2021
Category : Electronic
ISBN : 3944773306
Author : Rémi Brague
Publisher : University of Chicago Press
Page : 379 pages
File Size : 42,9 Mb
Release : 2007-05-15
Category : History
ISBN : 9780226070780
Publisher Description
Author : R. H. Helmholz
Publisher : Harvard University Press
Page : 246 pages
File Size : 53,8 Mb
Release : 2015-06-08
Category : Law
ISBN : 9780674504615
Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.
Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
Page : 828 pages
File Size : 42,8 Mb
Release : 2001
Category : Common law
ISBN : 9781584771371
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author : Donald R. Kelley
Publisher : Routledge
Page : 368 pages
File Size : 55,5 Mb
Release : 1997
Category : Historiography
ISBN : STANFORD:36105062252908
This second volume of essays by Professor Kelley takes the study of history as its starting point, then extends explorations into adjacent fields of legal, political, and social thought to confront some of the larger questions of the modern human sciences. The first group of papers examine the historiography of the Protestant Reformation and then of the Romantic and Victorian periods; the last section focuses on the legal tradition and its interpretation in relation to social and cultural, as well as historical thought, in the period from the Renaissance to the French Revolution. Throughout, the author's interest is to analyse how people at different times have viewed their past - and reconstructed and utilised it in the service of their present concerns.
Author : David M. Rabban
Publisher : Cambridge University Press
Page : 585 pages
File Size : 42,7 Mb
Release : 2013
Category : History
ISBN : 9780521761918
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.