Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Damiano Canale and published by Springer Science & Business Media. This book was released on 2009-08-11 with total page 763 pages. Available in PDF, EPUB and Kindle. Book excerpt: TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600–1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600–1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers’ philosophy of law (let us refer to this philosophy as A).

Download or read book The Common Legal Past of Europe 1000 1800 written by Manlio Bellomo and published by CUA Press. This book was released on 1995 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad history of the western European legal tradition. Bellomo discusses the great jurists who gave common law its intellectual vigor as well as the humanist jurists of the period.

Download or read book The Cambridge History of Eighteenth Century Political Thought written by Mark Goldie and published by Cambridge University Press. This book was released on 2006-08-31 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher description

Download or read book The Legal Philosophy and Influence of Jeremy Bentham written by Guillaume Tusseau and published by Routledge. This book was released on 2014-06-20 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham’s approach with other landmark theories and the works of major legal philosophers including Austin, Hart and Kelsen, and explores Bentham’s treatise through major trends in contemporary legal thought, such as the imperative theory of law, deontic logic, Scandinavian and American legal realisms, the pure theory of law, and critical legal thought. Resisting any apologetic stance, the book elucidates how consistent with Bentham’s all-encompassing project of utilitarian reform ‘Limits’ turns out to be, and how this sheds light on contemporary modes of governance. The book will be great use and interest to scholars and students of contemporary jurisprudence, legal theory, 19th century philosophy, and public law.

Download or read book Modernisation National Identity and Legal Instrumentalism Vol I Private Law written by and published by BRILL. This book was released on 2019-12-16 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.

Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2007-10-08 with total page 2015 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.

Download or read book Citizens and Subjects of the Italian Colonies written by Simona Berhe and published by Routledge. This book was released on 2021-12-30 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book on Italian colonialism that specifically deals with the question of citizenship/subjecthood. Such a topic is crucial for understanding both Italian imperial rule and the complex dynamics of the different colonial societies where several actors, like notables, political leaders, minorities, etc., were involved. The chapters gathered in the book constitute an unprecedented account of a heterogeneous geographical area. The cases of Eritrea, Libya, Dodecanese, Ethiopia, and Albania confirm that citizenship and subjecthood in the colonial context were ductile political tools, which were structured according to the orientations of the Metropole and the challenges that came from the colonial societies, often swinging between submission, cooptation to the colonial power, and resistance. On one hand, the book offers an account of the different policies of citizenship implemented in the Italian colonies, in particular the construction of gradated forms of citizenship, the repression and expulsion of dissidents, the systems of endearment of local people and cooptation of the elites, and the racialization of legal status. On the other, it deals with the various answers coming from the local populations in terms of resistance, negotiation, and construction of social identity.

Download or read book The Struggle for European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.

Download or read book Handbook of the History of the Philosophy of Law and Social Philosophy written by Gianfrancesco Zanetti and published by Springer Nature. This book was released on 2023-04-03 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.

Download or read book Law and the Christian Tradition in Italy written by Orazio Condorelli and published by Routledge. This book was released on 2020-07-02 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.

Download or read book Contemporary Perspectives on Natural Law written by Ana Marta González and published by Routledge. This book was released on 2016-05-13 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resorting to natural law is one way of conveying the philosophical conviction that moral norms are not merely conventional rules. Accordingly, the notion of natural law has a clear metaphysical dimension, since it involves the recognition that human beings do not conceive themselves as sheer products of society and history. And yet, if natural law is to be considered the fundamental law of practical reason, it must show also some intrinsic relationship to history and positive law. The essays in this book examine this tension between the metaphysical and the practical and how the philosophical elaboration of natural law presents this notion as a "limiting-concept", between metaphysics and ethics, between the mutable and the immutable; between is and ought, and, in connection with the latter, even the tension between politics and eschatology as a double horizon of ethics. This book, contributed to by scholars from Europe and America, is a major contribution to the renewed interest in natural law. It provides the reader with a comprehensive overview of natural law, both from a historical and a systematic point of view. It ranges from the mediaeval synthesis of Aquinas through the early modern elaborations of natural law, up to current discussions on the very possibility and practical relevance of natural law theory for the contemporary mind.

Download or read book Globalization of contractual law written by Frederico Eduardo Zenedin Glitz and published by Frederico Glitz Consultoria Jurídica. This book was released on 2014-12-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.

Download or read book The Writing of History and the Study of Law written by Donald R. Kelley and published by Taylor & Francis. This book was released on 2024-10-28 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of essays by Professor Kelley takes the study of history as its starting point, then extends explorations into adjacent fields of legal, political, and social thought to confront some of the larger questions of the modern human sciences. The first group of papers examine the historiography of the Protestant Reformation and then of the Romantic and Victorian periods; the last section focuses on the legal tradition and its interpretation in relation to social and cultural, as well as historical thought, in the period from the Renaissance to the French Revolution. Throughout, the author’s interest is to analyse how people at different times have viewed their past - and reconstructed and utilised it in the service of their present concerns.

Download or read book The Structural Transformation of European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2023-06-15 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the development and present condition of European integration in relation to private ordering. Looking at the interface between, on the one hand, the EU constitutional order and, on the other hand, private ordering, the book recounts three major structural transformations over the last six decades. Delving into the private law areas most exposed to the current modernisation wave – consumer law, internal market, lex mercatoria, digitisation, artificial intelligence, data protection, standardised contracts, finance and political economy, and labour – the book critically explores a reconfiguration of Europe's constitutional structures relative to, and that results from, what to some appears to be an almost irresistible rise of private ordering through a transformed hermeneutics (balancing). This is a magisterial survey of European law, European private law, and comparative law seen through a pathbreaking comparative methodology labelled 'juridical comparative hermeneutics' within civil law systems and across the civil-common law divide, which offers innovative analytical tools that afford a deep understanding of the evolution of the disciplines.

Download or read book The Europeanisation of Law written by Francis G. Snyder and published by Hart Publishing. This book was released on 2000-09-25 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: I. Juridification of politics - II. Changes in the estructure of governance - III. Partial convergence of national legal systems - IV. Unintended consequences.

Download or read book Succession Law Practice and Society in Europe across the Centuries written by Maria Gigliola di Renzo Villata and published by Springer. This book was released on 2018-03-19 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.

Download or read book The Clash of Legitimacies written by Andrea Gamberini and published by . This book was released on 2018 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historians have long understood the period 1100 to 1500 to be the key phase in the genesis of the modern state. In this innovative work, Andrea Gamberini examines the case of late medieval Lombardy to show that the advent of the state did not extinguish the traditional values and principles of political cohabitation that had long been in place.