Download or read book Principle and Pragmatism in Roman Law written by Benjamin Spagnolo and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.

Download or read book Rome the Law giver written by Joseph Declareuil and published by . This book was released on 1926 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the many treatises on Roman law there is none which gives in brief compass a better analysis of legal concepts and procedure in the various periods of legal development.

Download or read book L esprit du droit romain dans les diverses phases de son d veloppement written by Rudolf von Jhering and published by . This book was released on 1880 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Omnibus Homo Sacer written by Giorgio Agamben and published by Stanford University Press. This book was released on 2017-08-15 with total page 1333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Giorgio Agamben's Homo Sacer is one of the seminal works of political philosophy in recent decades. A twenty-year undertaking, this project is a series of interconnected investigations of staggering ambition and scope investigating the deepest foundations of every major Western institution and discourse. This single book brings together for the first time all nine volumes that make up this groundbreaking project. Each volume takes a seemingly obscure and outdated issue as its starting point—an enigmatic figure in Roman law, or medieval debates about God's management of creation, or theories about the origin of the oath—but is always guided by questions with urgent contemporary relevance. The Omnibus Homo Sacer includes: 1.Homo Sacer: Sovereign Power and Bare Life 2.1.State of Exception 2.2.Stasis: Civil War as a Political Paradigm 2.3.The Sacrament of Language: An Archeology of the Oath 2.4.The Kingdom and the Glory: For a Theological Genealogy of Economy and Glory 2.5.Opus Dei: An Archeology of Duty 3.Remnants of Auschwitz: The Witness and the Archive 4.1.The Highest Poverty: Monastic Rules and Form-of-Life 4.2.The Use of Bodies

Download or read book The Concept of Unity in Public International Law written by Mario Prost and published by Bloomsbury Publishing. This book was released on 2012-03-15 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.

Download or read book Philosophy of Communication written by Briankle G. Chang and published by MIT Press. This book was released on 2012-08-10 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classical, modern, and contemporary philosophical writings that address the fundamental concepts of communication. To philosophize is to communicate philosophically. From its inception, philosophy has communicated forcefully. Socrates, Plato, and Aristotle talk a lot, and talk ardently. Because philosophy and communication have belonged together from the beginning—and because philosophy comes into its own and solidifies its stance through communication—it is logical that we subject communication to philosophical investigation. This collection of key works of classical, modern, and contemporary philosophers brings communication back into philosophy's orbit. It is the first anthology to gather in a single volume foundational works that address the core questions, concepts, and problems of communication in philosophical terms. The editors have chosen thirty-two selections from the work of Plato, Leibniz, Hegel, Husserl, Heidegger, Wittgenstein, Benjamin, Lacan, Derrida, Sloterdijk, and others. They have organized these texts thematically, rather than historically, in seven sections: consciousness; intersubjective understanding; language; writing and context; difference and subjectivity; gift and exchange; and communicability and community. Taken together, these texts not only lay the foundation for establishing communication as a distinct philosophical topic but also provide an outline of what philosophy of communication might look like.

Download or read book Researches in the History of Economics written by Ernest Nys and published by . This book was released on 1899 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Bulletin of the John Rylands Library written by John Rylands Library and published by . This book was released on 1917 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Representations and Rights of the Environment written by Sandy Lamalle and published by Cambridge University Press. This book was released on 2023-01-31 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attending to the 'Cry of the Earth' requires a critical appraisal of how we conceive our relationship with the environment, and a clear vision of how to apprehend it in law and governance. Addressing questions of participation, responsibility and justice, this collective endeavour includes marginalised and critical voices, featuring contributions by leading practitioners and thinkers in Indigenous law, traditional knowledge, wild law, the rights of nature, theology, public policy and environmental humanities.Such voices play a decisive role in comprehending and responding to current global challenges. They invite us to broaden our horizon of meaning and action, modes of knowing and being in the world, and envision the path ahead with a new legal consciousness. A valuable reference for students, researchers and practitioners, this book is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

Download or read book The Construction Sources and Implications of Consensualism in Contract written by Kane Abry and published by Springer Nature. This book was released on 2023-09-28 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK

Download or read book Historical and Philosophical Foundations of European Legal Culture written by Dawid Bunikowski and published by Cambridge Scholars Publishing. This book was released on 2017-01-06 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious book examines the historical, theoretical, and axiological foundations of European legal culture, and explores their practical impacts on current European law and legal ways of thinking in Europe. Including considerations about the history of law as well contemporary legal issues, the book consists of seven chapters authored by scholars from across the globe, from Italy to Taiwan. This volume shows that it is possible to speak of one European legal culture in terms of various countries’ common legal origins (Roman law, Greek philosophy, and medieval jurisprudence as the ius commune), while also discussing distinct national legal cultures and traditions in Europe. However, to understand the present day law and legal profession, it is necessary to go back to the values, theories, and thinkers which were influential in the progress of European law from ancient times to the 19th century. The book not only presents the theoretical and historical issues of European legal culture, but also acquaints the audience with the true axiological foundations of our contemporary legal institutions, and the methods of legal thinking in Europe. It is clear that many of our current legal concepts and institutions come from theorists such as Aristotle, Ulpian, Aquinas, Hobbes and Savigny. The book will be of particular interest to scholars and students of legal history, jurisprudence, and European law, especially in the context of the origins of European legal culture. Moreover, it will also appeal to all lawyers working in both the common law and the civil law traditions wishing to gain a greater understanding of European legal heritage.

Download or read book China Democracy and Law written by and published by BRILL. This book was released on 2021-12-06 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume deals with such essential questions as: What points of departure, or resources, can be identified in Chinese history and culture for what we call 'democracy'? What are, and have been, their potential for development in a modern China confronted with powerful Western influences? Are there any connections between imperial China’s strong legal tradition and the PRC’s current endeavour to restore the rule of law, in a context of legal globalization in which China itself is an important participant? How serious, or superficial, should the political opening which started in the 1980s be regarded, and the discourse on human rights currently heard in official circles? And finally, how relevant is Taiwan’s experiment with democratic institutions? In this rich and inspiring volume, foremost French scholars carefully clarify the process of political and legal change, convincingly showing that these questions cannot be answered without a proper understanding of centuries of Chinese juridical, philosophical, religious and political thought. Ouvrage publié avec le soutien du Centre national du livre/ Published with financial support by the Centre national du livre.

Download or read book Outline of a Phenomenology of Right written by Alexandre Kojève and published by Rowman & Littlefield. This book was released on 2007 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Alexandre Kojeve was one of the twentieth century's most important political philosophers, yet among American intellectuals he is known mostly by reputation. Kojeve's reading of Hegel influenced an entire generation of French intellectuals, including Raymond Aron, Georges Bataille, Jacques Lacan, and Eric Weil. His work also inspired Francis Fukuyama's famous thesis in The End of History and the Last Man. Published posthumously in 1981 and available for the first time in English, Outline of a Phenomenology of Right is Kojeve's most political work. This is Kojeve's only sustained discussion of such fundamental questions as justice, law, and the most satisfying form of government." --Book Jacket.

Download or read book How to legislate with wisdom and eloquence written by Luís Marchili and published by Luis Marchili. This book was released on 2016-04-16 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The art of legislation, that had got lost, is reborn in this book from the classic tradition, which conceives the laws like wise and eloquent civic speeches, and the rhetoric as its basic method, of a such way, that the return to the ancient will be a true progress.

Download or read book Ancient Egyptian Wisdom for the Internet written by Anna Mancini and published by University Press of America. This book was released on 2002 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western law, based on agriculture and industry, cannot deal with the virtual worlds created by the Internet, argues Mancini. The ancient Romans and Egyptians, on the other hand, were adept at virtuality, an intangible world that intersected with the tangible one, and it is to their laws that she turns for new frameworks and practices. Her study was accepted at a doctoral dissertation at the French National Scientific Research Center Annotation copyrighted by Book News, Inc., Portland, OR

Download or read book The Law of Cryonics written by Pierre de Gioia Carabellese and published by Taylor & Francis. This book was released on 2024-03-19 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, through the lens of interdisciplinary legal analysis, draws a subtle balance between bioethics and financial regulation, with the latter playing an unexpectedly crucial role in the way life may potentially be governed. The legal topic of human preservation or cryoconservation was initially developed in the United States in the case of Donaldson v. van de Kamp. More recently, the subject arose in Europe as a result of a decision of the High Court, Family Division, London. This new theme of cryoconservation has unfolded through multifaceted forms, including its impact on regulation. In an area that may, at least prima facie, be regarded as belonging to the traditional realm of medical law, the findings presented here suggest that its potential has strong economic implications. The work argues that it is necessary also to look at this subject from a more interdisciplinary perspective, drawing a fil rouge between two otherwise seemingly opposing areas of law: medical law and financial regulation. The legal framework draws on the Anglo-American, and the United Kingdom in particular, along with civil law analysis from Italy. The work will be of interest to researchers and academics in the areas of medical law, legal philosophy, financial law, property law and insurance law.

Download or read book French Civil Liability in Comparative Perspective written by Jean-Sébastien Borghetti and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.