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Author : Benjamin Straumann
Publisher : Cambridge University Press
Page : 287 pages
File Size : 40,8 Mb
Release : 2015-02-12
Category : History
ISBN : 9781107092907
This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
Author : Samuel Freiherr von Pufendorf
Publisher : Unknown
Page : 786 pages
File Size : 50,5 Mb
Release : 1703
Category : International law
ISBN : UOM:35112204864963
"In 1662 Pufendorf was appointed to the first modern professorship in natural law (at the University of Heidelberg). In 1670 he became professor of natural law at the University of Lund in Sweden. First published in 1672, this is his principle work and a landmark in the history of natural and international law. Beginning with a consideration of fundamental legal ideas and their various divisions, Pufendorf proceeded to a discussion of the validity of customs, the doctrines of necessity and innate human reason. The work is significant in part because it developed principles introduced by Grotius and Hobbes. Unlike Hobbes, Pufendorf argued that peace, not war, was the state of nature, and he proposed that international law was not restricted to Christendom." -- Lawbook Exchange.
Author : Bart Wauters,Marco de Benito
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 42,5 Mb
Release : 2017-04-28
Category : Electronic
ISBN : 9781786430762
Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
Author : Samuel Freiherr von Pufendorf
Publisher : The Lawbook Exchange, Ltd.
Page : 1014 pages
File Size : 40,7 Mb
Release : 2005
Category : International law
ISBN : 9781584773948
Author : Alessandro Passerin d'Entrèves
Publisher : Unknown
Page : 136 pages
File Size : 47,9 Mb
Release : 1951
Category : Law
ISBN : UCSD:31822026072454
"This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules.In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians.Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study.—Mitchell Muncy, The University Bookman"--Google Books viewed May 18, 2021.
Author : Alan Watson
Publisher : University of Georgia Press
Page : 266 pages
File Size : 55,6 Mb
Release : 2008
Category : Law
ISBN : 9780820330617
This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.
Author : Johann Gottlieb Heineccius
Publisher : Unknown
Page : 346 pages
File Size : 48,6 Mb
Release : 1741
Category : Ethics
ISBN : UOM:35112103965192
Author : Perez Zagorin
Publisher : Princeton University Press
Page : 191 pages
File Size : 40,5 Mb
Release : 2009-11-16
Category : Philosophy
ISBN : 9781400832026
This is the first major work in English to explore at length the meaning, context, aims, and vital importance of Thomas Hobbes's concepts of the law of nature and the right of nature. Hobbes remains one of the most challenging and controversial of early modern philosophers, and debates persist about the interpretation of many of his ideas, particularly his views about natural law and natural right. In this book, Perez Zagorin argues that these two concepts are the twin foundations of the entire structure of Hobbes's moral and political thought. Zagorin clears up numerous misconceptions about Hobbes and his relation to earlier natural law thinkers, in particular Hugo Grotius, and he reasserts the often overlooked role of the Hobbesian law of nature as a moral standard from which even sovereign power is not immune. Because Hobbes is commonly thought to be primarily a theorist of sovereignty, political absolutism, and unitary state power, the significance of his moral philosophy is often underestimated and widely assumed to depend entirely on individual self-interest. Zagorin reveals Hobbes's originality as a moral philosopher and his importance as a thinker who subverted and transformed the idea of natural law. Hobbes and the Law of Nature is a major contribution to our understanding of Hobbes's moral, legal, and political philosophy, and a book rich in interpretive and critical insights into Hobbes's writing and thought.
Author : Sir James Mackintosh
Publisher : Unknown
Page : 80 pages
File Size : 52,5 Mb
Release : 1799
Category : International law
ISBN : OSU:32435002314656
Author : Westel Woodbury Willoughby
Publisher : Unknown
Page : 868 pages
File Size : 42,6 Mb
Release : 1896
Category : Political science
ISBN : HARVARD:32044020001558
Author : Paul J. du Plessis
Publisher : Edinburgh University Press
Page : 256 pages
File Size : 52,5 Mb
Release : 2016-08-30
Category : Law
ISBN : 9781474408844
This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic - a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic.
Author : Otto von Gierke
Publisher : Unknown
Page : 332 pages
File Size : 46,7 Mb
Release : 1934
Category : Natural law
ISBN : UOM:39015004259696
Author : Raymond Wacks
Publisher : OUP Oxford
Page : 152 pages
File Size : 43,5 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780191510649
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author : Anonim
Publisher : BRILL
Page : 440 pages
File Size : 48,7 Mb
Release : 2021-12-13
Category : Law
ISBN : 9789004499621
Combining intellectual history with current concerns, this volume brings together fourteen essays on the past, present and possible future applications of the legal fiction known as the state of nature.
Author : Thomas McGinn
Publisher : University of Michigan Press
Page : 377 pages
File Size : 43,7 Mb
Release : 2012
Category : History
ISBN : 9780472118434
Explores a fundamental building block of Roman life