Law and Philosophy Library

Interpretation of Law in the Age of Enlightenment

From the Rule of the King to the Rule of Law

Editors: Morigiwa, Yasutomo, Stolleis, Michael, Halpérin, Jean-Louis (Eds.)

  • 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
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eBook $139.00
price for USA (gross)
  • ISBN 978-94-007-1506-6
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $179.00
price for USA
  • ISBN 978-94-007-1505-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $179.00
price for USA
  • ISBN 978-94-007-3773-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

This book examines the actual practice of the interpretation of law in the Age of Enlightenment versus the ideology of the Age and explains the reason for and difference between the two. The ideology of the Age of Enlightenment 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. Yet, in deciding a case in a court of law, the law must speak with one voice, making interpretation to unify the norms inevitable. This book discusses the process involved and the role played by justification in terms of reason - the hallmark of Enlightenment.


Table of contents (10 chapters)

  • Judicial Interpretation in Transition from the Ancien Régime to Constitutionalism

    Stolleis, Michael

    Pages 3-17

  • Legal Interpretation in France Under the Reign of Louis XVI: A Review of the Gazette des tribunaux

    Halpérin, Jean-Louis

    Pages 21-43

  • Legal Interpretation and the Use of Legal Literature in 18th Century Law Reports of the “Parlement” de Flandre

    Dauchy, Serge

    Pages 45-57

  • The Object of Interpretation: Legislation and Competing Normative Sources of Law in Europe During the 16th to 18th Centuries

    Mohnhaupt, Heinz

    Pages 61-89

  • The Concept and Means of Legal Interpretation in the 18th Century

    Schröder, Jan

    Pages 91-105

Buy this book

eBook $139.00
price for USA (gross)
  • ISBN 978-94-007-1506-6
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $179.00
price for USA
  • ISBN 978-94-007-1505-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $179.00
price for USA
  • ISBN 978-94-007-3773-0
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Interpretation of Law in the Age of Enlightenment
Book Subtitle
From the Rule of the King to the Rule of Law
Editors
  • Yasutomo Morigiwa
  • Michael Stolleis
  • Jean-Louis Halpérin
Series Title
Law and Philosophy Library
Series Volume
95
Copyright
2011
Publisher
Springer Netherlands
Copyright Holder
Springer Netherlands
eBook ISBN
978-94-007-1506-6
DOI
10.1007/978-94-007-1506-6
Hardcover ISBN
978-94-007-1505-9
Softcover ISBN
978-94-007-3773-0
Series ISSN
1572-4395
Edition Number
1
Number of Pages
XIX, 193
Topics