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Interpretation of Law in the Age of Enlightenment

From the Rule of the King to the Rule of Law

  • Book
  • © 2011

Overview

Editors:
  1. Yasutomo Morigiwa

    1. , Graduate School of Law, Nagoya University, Nagoya, Japan

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  2. Michael Stolleis

    1. Max-Planck-Institut fuer europaeische Re, Frankfurt/Main, Germany

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  3. Jean-Louis Halperin

    1. , EHESS, Ecole Normale Superieure, Paris, France

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  • Unique interdisciplinary work in an unexplored field
  • A collaboration of leading historians of European law
  • Provides a missing link to those working in related disciplines.
  • Historical reflection on how a governing ideology actually plays out in public institutions
  • Provides important relevance to various disciplines related to textual interpretation

Part of the book series: Law and Philosophy Library (LAPS, volume 95)

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Table of contents (10 chapters)

  1. Front Matter

    Pages i-xix
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  2. Introduction

    1. Front Matter

      Pages 1-1
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  4. The Case of France

    1. Front Matter

      Pages 19-19
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  6. The Case of Germany

    1. Front Matter

      Pages 59-59
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  8. The Nature of Legal Interpretation

    1. Front Matter

      Pages 123-123
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    2. Interpretation by Another Name

      • Morigiwa Yasutomo
      Pages 125-138

    3. What Is Interpretation of the Law for the French Judge?

      • Michel Troper
      Pages 139-151

    4. The Craft of Legal Interpretation

      • W. Bradley Wendel
      Pages 153-178

  9. Concluding Remarks

    1. Front Matter

      Pages 179-179
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    2. Legal Interpretation in 18th Century Europe: Doctrinal Debates Versus Political Change

      • Jean-Louis Halpérin
      Pages 181-187

  10. Back Matter

    Pages 189-193
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Keywords

About this book

A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.

Editors and Affiliations

  • , Graduate School of Law, Nagoya University, Nagoya, Japan

    Yasutomo Morigiwa

  • Max-Planck-Institut fuer europaeische Re, Frankfurt/Main, Germany

    Michael Stolleis

  • , EHESS, Ecole Normale Superieure, Paris, France

    Jean-Louis Halperin

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