Artosi, Alberto, Pieri, Bernardo, Sartor, Giovanni (Eds.)
2014, XXXVI, 226 p. 6 illus.
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The only English translation of two early legal-philosophical writings of Leibniz
Highly relevant to both philosophers and legal scholars
Provides sophisticated treatment of many legal issues
Includes amusing and challenging legal-logical puzzles and anticipating developments of legal rationalism
This volume presents two Leibnizian writings, the Specimen of Philosophical Questions Collected from the Law and the Dissertation on Perplexing Cases. These works, originally published in 1664 and 1666, constitute, respectively, Leibniz’s thesis for the title of Master of Philosophy and his doctoral dissertation in law. Besides providing evidence of the earliest development of Leibniz’s thought and amazing anticipations of his mature views, they present a genuine intellectual interest, for the freshness and originality of Leibniz’s reflections on a striking variety of logico-philosophical puzzles drawn from the law. The Specimen addresses puzzling issues resulting from apparent conflicts between law and philosophy (the latter broadly understood as comprising also mathematics, as well as empirical sciences). The Dissertation addresses cases whose solution is puzzling because of the convoluted logical form of legal dispositions and contractual clauses, or because of conflicting priorities between concurring parties. In each case, Leibniz dissects the problems with the greatest ingenuity, disentangling their different aspects, and proposing solutions always reasonable and sometimes surprising. And he does not refrain from peppering his intellectual acrobatics with some humorous comments. bbbbbb
Content Level »Research
Keywords »Canon Law - Challenging Legal-Logical Puzzles - Developments of Legal Rationalism - Disputatio Inauguralis de Casibus Perplexis in Jure - E De Casibus Perplexis - Early Legal-Philosophical Writings of Leibniz - Lebniz as a Jurist and Contemporary Legal Theory - Lebniz as a Jurist and Lebniz's Philosophy - Lebniz as a Jurist in Contemporary Legal Culture - Legal Logic - Legal Philosophy of Leibzig - Legal-Logical Puzzles - Leibniz - Leibniz's Mature Philosophy - Leibniz's Philosophical Thought - Meaning of Casus Perplexus - Perplexing Cases in the Law - Philosophical Issues in the Law - Specimen Quaestionum Philosophicarum Ex Jure Collectarum
Foreword.- Abbreviations.- Introduction.- Note to the Translation.- 1. Specimen of Philosophical Questions Collected from the Law.- Annex 1. A: A Selection of texts from the Digest.- Annex 1. B: Specimen quaestionum philosophicarum ex jure collectarum.- 2. Inaugural Dissertation on Perplexing Cases in the Law.- Annex 2. A: A Selection of texts from the Digest.- Annex 2. B: Dissertatio inauguralis de casibus perplexis.- Bio-Bibliographical note.- References.- Endnotes to the English Translations.