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Philosophy - Value Theory | A Treatise of Legal Philosophy and General Jurisprudence

A Treatise of Legal Philosophy and General Jurisprudence

Volume 6 A History of the Philosophy of Law from the Ancient Greeks to the Scholastics

Lobban, Michael

Editor-in-chief: Pattaro, Enrico
Miller, Jr., Fred D., st, b, Padovani, Andrea (Eds.)

2007, XXVIII, 424 p. In 3 volumes, not available separately.

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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 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics

edited by Fred D. Miller, Jr., in association with Carrie-Ann Biondi

 

Volume 6 is the first of the Treatise’s historical volumes (following the five theoretical ones) and is dedicated to the philosophers’ philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy.

 

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.

Content Level » Research

Keywords » Analytic Jurisprudence - Austinian - Common Law - Common law Jurisprudence - Continental Europe - Dworkin - English-speaking World - General Jurisprudence - H.L.A. Hart’s - History of Philosophy of Law - Jurisprudential Thought - Latin America - Legal Philosophy

Related subjects » Law - Philosophy - Value Theory

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