Download or read book Roman Law in European History written by Peter Stein and published by Cambridge University Press. This book was released on 1999-05-13 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Roman law has influenced European legal and political thought from antiquity to the present day.

Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Michael Lobban and published by Springer. This book was released on 2015-07-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 2015), 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 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. ​

Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Gerald J. Postema and published by Springer Science & Business Media. This book was released on 2011-08-05 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.

Download or read book Popes Canonists and Texts 1150 1550 written by Kenneth Pennington and published by Routledge. This book was released on 1993 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several different approaches to medieval legal history are evident in these articles. The first group uses law to investigate the principles that governed society, whether clearly articulated or not, and to ask how the intellectual structures of the ius commune affected the institutions of government and the presuppositions of the people. The second group of articles illustrates the importance of returning to the manuscript sources of later medieval texts, rather than relying on the early printed editions. In both parts Professor Pennington also focuses on the lives of individual jurists, contending that these provide a key to the understanding of their thought, their position in society, and the connections between the two. One of these articles is published for the first time here, while a number of others have been revised and up-dated for publication. Plusieures approches différentes à l'histoire légale du Moyen Age sont reflétées au travers de ces articles. Le premier groupe se sert de la loi pour explorer les principes qui gouvernaient la société - que ceux-ci soient clairement exprimés ou non - et afin de demander comment les structures intellectuelles de l'ius commune affectaient les institutions gouvernementales et les présuppositions du peuple. Le second groupe illustre l'importance du retour aux sources manuscrites des textes médiévaux tardifs, plutà ́t que de se fier à des impressions anciennes. Au travers des deux parties du volume, le professeur Pennington se concentre aussi sur la vie de certains juristes, avançant qu'il s'agit là d'une des clefs permettant de comprendre leur pensée, leur place dans la société et le rapport entre ces deux facteurs. Un des articles est publié ici pour la première fois, alors qu'un certain nombre d'autres ont été révisés et mis à jour pour leur réimpression.

Download or read book Legal Values in Western Society written by Peter Stein and published by Edinburgh : Edinburgh University Press. This book was released on 1974 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legal Evolution written by Peter Stein and published by Cambridge University Press. This book was released on 2009-03-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal evolution is a way of explaining how the law changes. Basically it suggests that a society's law develops along predetermined lines parallel to those of its other institutions. The idea came to prominence in the mid-eighteenth century as a response to the difficulties experienced by theorists in the field of natural law when applying the notion of universal natural rights to different types of society. Professor Stein traces the beginning of the idea and considers the theories of its main exponents in relation to the prevailing legal thought of their times. He examines in particular the special place of Roman law in shaping ideas of legal development. Finally he considers the different types of opposition which Maine's ideas encountered in the late nineteenth century and the attempts to retain the essentials of legal evolution in a modified form.

Download or read book The Teaching of Roman Law in England Around 1200 written by Francis De Zulueta and published by . This book was released on 1990 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Regulae Iuris written by Peter Stein and published by . This book was released on 1966 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The CHARACTER INFLUENCE OF THE ROMAN LAW written by Peter Stein and published by Bloomsbury Academic. This book was released on 2003-11-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Goethe is said to have likened the Roman civil law to a duck: sometimes it is visible, swimming prominently on the surface of the water, at other times it is hidden, diving amid the depths. but it is always there. This may be said to be true not only in continental Europe and Scotland, where Roman law has been a dominant influence, but also in England and the U.S.A., where Roman law has often informed and supplemented Common law. None of the great writers on Common law, with the exception perhaps of Coke, failed to take Roman law in to consideration, especially on the matters of legal theory. Indeed the differences between the two systems can easily be exaggerated. Ne one is better qualified to write on these matters than Peter Stein; this collection of his articles covers both the nature and the tradition of Roman law and ranges from classical to modern times. The Character and Influence of the Roman Civil Law includes discussions of the ethos and principles of Roman law and of their transmission and transformation in medieval and modern times. Attention is drawn to the working of Roman law in San Marinom which retains the uncodified ius commune. Civil lawyers in England whose work is examined include Vacarius, Thomas Smith and Thomas Legge. Roman law in Scotland is looked at in depth, with special consideration for the natural law tradtition there. A piece on the origin of the four stage theory of social development, which grew out of that tradition and was adopted by Adam Smith, appears for the first time. Finally Professor Stein shows the attraction of Roman law to lawyers in the U.S.A. when they were trying to establish their own legal system following Independence.

Download or read book The Prince and the Law 1200 1600 written by Kenneth Pennington and published by University of California Presson Demand. This book was released on 1993-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Specialists will find it not merely interesting, but exciting and significant."--Robert L. Benson, University of California, Los Angeles "A work of synthesis that at the same time introduces new material to the treasury of studies on medieval political thought."--Stanley Chodorov, University of California, San Diego "Specialists will find it not merely interesting, but exciting and significant."--Robert L. Benson, University of California, Los Angeles