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ISBN:9789048129645

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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聽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 9: A History of the Philosophy of Law in the Civil Law World, 1600鈥?900 edited by Damiano Canale, Paolo Grossi and Hasso Hofmann Provides an in-depth study of the different ways of understanding law which were developed from the mid-17th century to the end of the 19th century by jurists and legal philosophers working in the civil-law tradition. In particular, the book collects chapters offering a systematic history of the basic legal concepts and of the disciplines that systematized them in a set form in the legal thought of Continental Europe. The first two chapters discuss the way the scientific method elaborated and firmed up by modern natural-law theory was received into European legal science in the period leading to the French Revolution, with Chapter 1 focusing on the Germanic area, and Chapter 2 instead on the French area. Chapter 3 is devoted to the European legal Enlightenment, and to the reverberations this movement had on the culture as well as on the politics of law. Chapter 4 discusses the codification of law, describing in what ways and to what degree codification shaped the structure of Europe鈥檚 legal systems and the organization of its society through law. Chapter 5 traces out the development of German legal science through the crisis of modern natural-law theory and the birth of the great European codes, considering in particular the birth of the Historical School of law and its later development with Puchta. Chapter 6 reconstructs the birth and evolution of the modern science of administration, which played a central role in helping the institutions of the modern state become woven into the social and economic fabric. Chapter 7 is dedicated to the history of European constitutionalism. Chapter 8 discusses the crisis of conceptual jurisprudence, the voluntarist and vitalistic conceptions this crisis led to, and the birth of neo-idealist movements in the late 19th and early 20th centuries. The volume editors and contributors are international leading specialists from Italy, France, Spain, and Germany. Volume 10: The Philosophers鈥?Philosophy of Law from the Seventeenth Century to Our Days by Patrick Riley Offers a comprehensive and original treatment of the philosophers鈥?philosophy of law from Grotius to the "left Kantianism" of Rawls and Habermas. The volume also discusses some "philosophers of law" who are not philosophers in a broader sense, but who cannot be omitted because certain far greater "real" philosophers would then become unintelligible. The philosophy of law is viewed in this work as a final outgrowth of a more general moral philosophy, and that moral philosophy in turn as an outgrowth of "first philosophy" (metaphysics, epistemology, theology). Special prominence is given to Leibniz, Malebranche, and Kantianism. Leibniz combines philosophical and jurisprudential greatness in a way achieved by no other. Since Leibniz has never been rendered his jurisprudential "due" in English, the present volume offers an occasion for that rectification. On the other hand, without Malebranche鈥檚 contribution, the jurisprudence of Montesquieu and of Rousseau would not exist. Finally, Kantianism is crucial not only because of its influence on early Marx, Rawls, and Habermas, but also because the central Kantian practical notions seem to be the best moral-legal principles for a contemporary, non-theocratic, non-utilitarian world. Though the volume begins mainly with the "17th century," the author nonetheless offers a "Prologue on Machiavelli." This is simply because certain later figures are hard to make intelligible without a knowledge of "Machiavelism"鈥攖his applies above all to Hobbes, Leibniz, Rousseau, Hegel, and Nietzsche. The author is an outstanding legal and political philosopher. Pupil of Michael Oakeshott, John Rawls, Judith Shklar, Carl J. Friedrich, and Lon Fuller, he is currently professor at Harvard University.

目录

Front matter 1-41
Scientia Iurisand Ius Naturae: The Jurisprudence of the Holy Roman Empire in the Seventeenth and Eighteenth Centuries 43-67
French Legal Science in the 17th and 18th Centuries: To The Limits of the Theory of Law 69-134
Conceptual Aspects of Legal Enlightenment in Europe 135-183
The Many Faces of the Codification of Law in Modern Continental Europe 185-224
German Legal Science: The Crisis of Natural Law Theory, the Historicisms, and 鈥淐onceptual Jurisprudence鈥? 225-261
Science of Administration and Administrative Law 263-300
Constitutionalism 301-354
From Jhering to Radbruch: On the Logic of Traditional Legal Concepts to the Social Theories of Law to the Renewal of Legal Idealism 355-363
The (Non)-Legal Thought of Niccol貌 Machiavelli 365-377
The Legal Philosophy of Hugo Grotius 379-401
The Legal Philosophy of Thomas Hobbes 403-420
Consent and Natural Law in Locke鈥檚 Philosophy 421-431
The Legal Theory of Pufendorf 433-462
Leibniz on Justice as 鈥淭he Charity of Wise鈥? 463-490
Malebranche and 鈥淐artesianized Augustinianism鈥? 491-505
Montesquieu and Vico 507-519
Hume and Smith 521-531
Voltaire鈥檚 Skeptical Jurisprudence: ContraLeibnizian Optimism in Candide 533-551
The Legal Philosophy of Jean-Jacques Rousseau 553-578
The Legal Philosophy of Kant 579-611
The Legal Philosophy of G. W. F. Hegel 613-621
Karl Marx鈥檚 Philosophy of Law 623-637
The Legal Thought of J. S. Mill 639-648
Nietzsche as a Philosopher of Law 649-659
Neo-Kantian Epilogue: Rawls and Habermas 355-409
Back matter Back matter

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