The Role Of A Dialogue Between A Philosopher And A Student Of The Common Laws Of England In Hobbes S Conception Of Law And Legal History

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A Dialogue Between a Philosopher and a Student, of the Common Laws of England

Author : Thomas Hobbes,Alan Cromartie,Quentin Skinner
Publisher : Oxford University Press on Demand
Page : 192 pages
File Size : 52,6 Mb
Release : 2007-12-01
Category : History
ISBN : 0199236232

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A Dialogue Between a Philosopher and a Student, of the Common Laws of England by Thomas Hobbes,Alan Cromartie,Quentin Skinner Pdf

This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, "Questions relative to Hereditary Right", discovered and edited by Quentin Skinner. The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for anybody interested in English political thought or legal theory. Although it was written when Hobbes was at least eighty, it is a lively piece of work that goes beyond a recapitulation of earlier Hobbesian doctrines, not least in applying his central ideas to the details of the English constitution. This edition supplies the extensive annotation on matters of legal and historical detail that is required by non-specialist readers; it also assists students by offering cross-references to other treatises. Cromartie's introduction is an authoritative account of seventeenth-century thinking about the common law and of Hobbes's shifting attitudes towards it. It has often been suspected that the book was motivated by fear of being burned for heresy. Cromartie disentangles the complex evidence (scattered across a number of late works) that documents this fear's development, and shows why the philosopher's acute anxieties eventually led him to write a legal treatise. In clarifying these questions, the edition casts fresh light upon his attitude to law and sovereignty. The second piece takes the form of a question put to Hobbes about the right of succession under hereditary monarchies, together with Hobbes's response. The question is in the handwriting of the fourth Earl of Devonshire, the son of the third Earl, whom Hobbes had tutored in the 1630s. He asks Hobbes whether an heir can be excluded if he is incapable of protecting his prospective subjects. The question of "exclusion" became the most burning issue in English politics in the course of 1679, when a bill to exclude the future James II was introduced into the House of Commons. Hobbes answers with a robust defence of hereditary right, in the course of which he also makes some important general observations about the concept of a right. The manuscript is also of special interest as it constitutes Hobbes's last word on politics. It was almost certainly written in the summer of 1679, less than six months before Hobbes's death.

A Dialogue Between a Philosopher and a Student of the Common Laws of England

Author : Thomas Hobbes
Publisher : University of Chicago Press
Page : 180 pages
File Size : 45,5 Mb
Release : 1997-05
Category : Law
ISBN : 0226345416

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A Dialogue Between a Philosopher and a Student of the Common Laws of England by Thomas Hobbes Pdf

This little-known late writing of Hobbes reveals an unexplored dimension of his famous doctrine of sovereignty. The essay was first published posthumously in 1681, and from 1840 to 1971 only a generally unreliable edition has been in print. This edition provides the first dependable and easily accessible text of Hobbes's Dialogue. In the Dialogue, Hobbes sets forth his mature reflections of the relation between reason and law, reflections more "liberal" than those found in Leviathan and his other well-known writings. Hobbes proposes a separation of the functions of government in the interest of common sense and humaneness without visibly violating his dictum that the sharing or division of sovereignty is an absurdity. This new edition of the Dialogue is a significant contribution to our understanding of seventeenth-century political philosophy. "Hobbes students are indebted to Professor Cropsey for this scholarly and accessible edition of Dialogue."—J. Roland Pennock, American Political Science Review "An invaluable aid to the study of Hobbes."—Review of Metaphysics

Thomas Hobbes: Writings on Common Law and Hereditary Right

Author : Alan Cromartie,Quentin Skinner
Publisher : Clarendon Press
Page : 264 pages
File Size : 49,5 Mb
Release : 2005-03-03
Category : Philosophy
ISBN : 9780191513473

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Thomas Hobbes: Writings on Common Law and Hereditary Right by Alan Cromartie,Quentin Skinner Pdf

This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner. The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for anybody interested in English political thought or legal theory. Although it was written when Hobbes was at least eighty, it is a lively piece of work that goes beyond a recapitulation of earlier Hobbesian doctrines, not least in applying his central ideas to the details of the English constitution. This edition supplies the extensive annotation on matters of legal and historical detail that is required by non-specialist readers; it also assists students by offering cross-references to other treatises. Cromartie's introduction is an authoritative account of seventeenth-century thinking about the common law and of Hobbes's shifting attitudes towards it. It has often been suspected that the book was motivated by fear of being burned for heresy. Cromartie disentangles the complex evidence (scattered across a number of late works) that documents this fear's development, and shows why the philosopher's acute anxieties eventually led him to write a legal treatise. In clarifying these questions, the edition casts fresh light upon his attitude to law and sovereignty. The second piece takes the form of a question put to Hobbes about the right of succession under hereditary monarchies, together with Hobbes's response. The question is in the handwriting of the fourth Earl of Devonshire, the son of the third Earl, whom Hobbes had tutored in the 1630s. He asks Hobbes whether an heir can be excluded if he is incapable of protecting his prospective subjects. The question of 'exclusion' became the most burning issue in English politics in the course of 1679, when a bill to exclude the future James II was introduced into the House of Commons. Hobbes answers with a robust defence of hereditary right, in the course of which he also makes some important general observations about the concept of a right. The manuscript is also of special interest as it constitutes Hobbes's last word on politics. It was almost certainly written in the summer of 1679, less than six months before Hobbes's death.

The Role of A Dialogue Between a Philosopher and a Student of the Common Laws of England in Hobbes's Conception of Law and Legal History

Author : Giuseppe Mario Saccone,Thomas Hobbes
Publisher : Unknown
Page : 353 pages
File Size : 54,9 Mb
Release : 1995
Category : Common law
ISBN : 9626890010

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The Role of A Dialogue Between a Philosopher and a Student of the Common Laws of England in Hobbes's Conception of Law and Legal History by Giuseppe Mario Saccone,Thomas Hobbes Pdf

Thomas Jefferson, Legal History, and the Art of Recollection

Author : Matthew Crow
Publisher : Cambridge University Press
Page : 295 pages
File Size : 40,5 Mb
Release : 2017-03-17
Category : History
ISBN : 9781107161931

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Thomas Jefferson, Legal History, and the Art of Recollection by Matthew Crow Pdf

Through his discussion of Thomas Jefferson, historian Matthew Crow offers a new perspective on constitutional transformation in early American history.

A dialogue between a philosopher and a student of the common laws of England

Author : Thomas Hobbes,Gottfried Wilhelm Freiherr von Leibniz,Tullio Ascarelli
Publisher : Unknown
Page : 436 pages
File Size : 45,7 Mb
Release : 1960
Category : Jurisprudence
ISBN : OSU:32437000169116

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A dialogue between a philosopher and a student of the common laws of England by Thomas Hobbes,Gottfried Wilhelm Freiherr von Leibniz,Tullio Ascarelli Pdf

Comparative Studies in Continental and Anglo-American Legal History

Author : Daniel R. Coquillette
Publisher : Duncker & Humblot
Page : 310 pages
File Size : 54,8 Mb
Release : 1988-01-01
Category : Law
ISBN : 3428461770

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Comparative Studies in Continental and Anglo-American Legal History by Daniel R. Coquillette Pdf

The Civilian Writers of Doctors' Commons, London : Three Centuries of Juristic Innovation in Comparative, Commercial and International Law.

Handbook of the History of the Philosophy of Law and Social Philosophy

Author : Gianfrancesco Zanetti,Mortimer Sellers,Stephan Kirste
Publisher : Springer Nature
Page : 371 pages
File Size : 50,5 Mb
Release : 2023-04-03
Category : Law
ISBN : 9783031195426

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Handbook of the History of the Philosophy of Law and Social Philosophy by Gianfrancesco Zanetti,Mortimer Sellers,Stephan Kirste Pdf

This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.

Ethics in the History of Western Philosophy

Author : Robert Cavalier,James S. Gouinlock,James P. Sterba
Publisher : Springer
Page : 447 pages
File Size : 47,7 Mb
Release : 1989-09-18
Category : Philosophy
ISBN : 9781349202034

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Ethics in the History of Western Philosophy by Robert Cavalier,James S. Gouinlock,James P. Sterba Pdf

'...this magnificent collection of presentations of the thought of the giants of Western ethics deserves to become a basic reference work in the field.' Ralph McInerny, The University of Notre Dame

Thomas Hobbes: Writings on Common Law and Hereditary Right

Author : Thomas Hobbes
Publisher : Oxford University Press
Page : 265 pages
File Size : 41,8 Mb
Release : 2005-03-03
Category : History
ISBN : 9780198237020

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Thomas Hobbes: Writings on Common Law and Hereditary Right by Thomas Hobbes Pdf

This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment on the issue of regal succession, 'Questions relative to Hereditary Right', discovered and edited by Quentin Skinner.The former work is the last of Hobbes's major political writings. As a critique of common law by a great philosopher, it should be essential reading for anybody interested in English political thought or legal theory. Although it was written when Hobbes was at least eighty, it is a lively piece of work that goes beyond a recapitulation of earlier Hobbesian doctrines, not least in applying his central ideas to the details of the English constitution. This edition supplies the extensiveannotation on matters of legal and historical detail that is required by non-specialist readers; it also assists students by offering cross-references to other treatises. Cromartie's introduction is an authoritative account of seventeenth-century thinking about the common law and of Hobbes's shiftingattitudes towards it. It has often been suspected that the book was motivated by fear of being burned for heresy. Cromartie disentangles the complex evidence (scattered across a number of late works) that documents this fear's development, and shows why the philosopher's acute anxieties eventually led him to write a legal treatise. In clarifying these questions, the edition casts fresh light upon his attitude to law and sovereignty.The second piece takes the form of a question put to Hobbes about the right of succession under hereditary monarchies, together with Hobbes's response. The question is in the handwriting of the fourth Earl of Devonshire, the son of the third Earl, whom Hobbes had tutored in the 1630s. He asks Hobbes whether an heir can be excluded if he is incapable of protecting his prospective subjects. The question of 'exclusion' became the most burning issue in English politics in the course of 1679,when a bill to exclude the future James II was introduced into the House of Commons. Hobbes answers with a robust defence of hereditary right, in the course of which he also makes some important general observations about the concept of a right. The manuscript is also of special interest as itconstitutes Hobbes's last word on politics. It was almost certainly written in the summer of 1679, less than six months before Hobbes's death.

A Treatise of Legal Philosophy and General Jurisprudence

Author : Michael Lobban
Publisher : Springer
Page : 524 pages
File Size : 51,8 Mb
Release : 2016-02-12
Category : Law
ISBN : 9789401798808

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A Treatise of Legal Philosophy and General Jurisprudence by Michael Lobban 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 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 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century edited by Andrea Padovani and Peter Stein Volume 7 is the second of the historical volumes and acts as a complement to the previous Volume 6, discussing from the jurists’ perspective what that previous volume discusses from the philosophers’ perspective. The subjects of analysis are, first, the Roman jurists’ conception of law, second, the metaphysical and logical presuppositions of late medieval legal science, and, lastly, the connection between legal and political thought up to the 17th century. The discussion shows how legal science proceeds at every step of the way, from Rome to early modern times, as an enterprise that cannot be untangled from other forms of thought, thus giving rise to an interest in logic, medieval theology, philosophy, and politics—all areas where legal science has had an influence. Volume 8: A History of the Philosophy of Law in The Common Law World, 1600–1900 by Michael Lobban Volume 8, the third of the historical volumes, offers a history of legal philosophy in common-law countries from the 17th to the 19th century. Its main focus (like that of Volume 9) is on the ways in which jurists and legal philosophers thought about law and legal reasoning. The volume begins with a discussion of the ‘common law mind’ as it evolved in late medieval and early modern England. It goes on to examine the different jurisprudential traditions which developed in England and the United States, showing that while Coke’s vision of the common law continued to exert a strong influence on American jurists, in England a more positivist approach took root, which found its fullest articulation in the work of Bentham and Austin. ​

Philosophy of Law as an Integral Part of Philosophy

Author : Thomas Bustamante,Thiago Lopes Decat
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 46,9 Mb
Release : 2020-12-24
Category : Law
ISBN : 9781509933907

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Philosophy of Law as an Integral Part of Philosophy by Thomas Bustamante,Thiago Lopes Decat Pdf

This edited collection considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. It includes contributions from expert philosophers of law. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. The collection includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law.

Limiting Leviathan

Author : Larry May
Publisher : OUP Oxford
Page : 272 pages
File Size : 52,9 Mb
Release : 2013-09-26
Category : Philosophy
ISBN : 9780191505270

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Limiting Leviathan by Larry May Pdf

Thomas Hobbes wrote extensively about law and was strongly influenced by developments and debates among lawyers of his day. And Hobbes is considered by many commentators to be one of the first legal positivists. Yet there is no book in English that focuses on Hobbes's legal philosophy. Indeed, Hobbes's own book length treatment of law, A Dialogue Between a Philosopher and a Student of the Common Laws of England, has also not received much commentary over the centuries. Larry May seeks to fill the gap in the literature by addressing Hobbes's legal philosophy directly, and comparing Leviathan to the Dialogue, as he offers a new interpretation of Hobbes's views about the connections among law, politics, and morality. May argues that Hobbes is much more amenable to moral, and even legal, limits on the law—indeed closer to Lon Fuller than to today's legal positivists—than he is often portrayed. He shows that Hobbes's views can provide a solid grounding for the rules of war and international relations generally, contrary to the near universal belief that Hobbes is the bête noir of international law. To support these views, May holds that Hobbes places greater weight on equity than on justice, and that understanding the role of equity is the key to his legal philosophy. Equity also is the moral concept that provides restrictions on what a sovereign can legitimately do, and if violated is the kind of limitation on sovereignty that could open the door for possible international institutions.

The Bloomsbury Companion to Hobbes

Author : S.A. Lloyd
Publisher : A&C Black
Page : 345 pages
File Size : 47,9 Mb
Release : 2013-01-03
Category : Philosophy
ISBN : 9781441190451

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The Bloomsbury Companion to Hobbes by S.A. Lloyd Pdf

Thomas Hobbes (1588-1679) is widely held to be one of the most important thinkers in the history of philosophy. His contributions to ethics, political philosophy and psychology in particular were hugely innovative and he was regarded by his contemporaries as a major intellectual figure. This comprehensive and accessible guide to Hobbes's life and work features 120 specially commissioned entries written by a team of leading experts in the field of seventeenth-century philosophy and political thought, covering every aspect of Hobbes's ideas. The Companion presents a comprehensive overview of the major themes and topics in Hobbes's work, in particular within the fields of language, political philosophy, moral philosophy and psychology, religion, law and science. It concludes with a thoroughly comprehensive bibliography of primary and secondary sources. This is an essential reference tool for anyone working in the fields of seventeenth-century philosophy and political theory.

The Preventive Turn in Criminal Law

Author : Henrique Carvalho
Publisher : Oxford University Press
Page : 275 pages
File Size : 51,9 Mb
Release : 2017-04-28
Category : Law
ISBN : 9780191057779

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The Preventive Turn in Criminal Law by Henrique Carvalho Pdf

Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, The Preventive Turn in Criminal Law demonstrates how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment as an expression of individual justice, and prevention as a manifestation of the need for security and the promotion of welfare. Tracing this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment, Carvalho proves that as long as this ambivalence remains unexamined, liberal law has the potential to both promote and undermine individual justice. Engaging with the dominant contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. The book reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition.