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A Treatise of Legal Philosophy and General Jurisprudence

Editors: Padovani, Andrea; Stein, Peter G.

DOI: 10.1007/978-94-017-9880-8

ISBN: 978-94-017-9878-5

Publisher: Springer Netherlands - Springer Journals

Mar 13, 2015

1 - 10 of 11 Chapters

LitStream

Chapter 1The Roman Jurists’ Conception of Law

Stein, Peter G.

Pages: 1 –30

[The Roman jurists were the first professional legal specialists. They appeared in the second half of the Roman Republic and they were required because of the technicality of the Roman legal process.]
LitStream

Chapter 2The Metaphysical Thought of Late Medieval Jurisprudence

Padovani, Andrea

Pages: 31 –78

[Whereas the Roman jurists of Antiquity, in line with the pragmatism of their law, were not inclined to address complex questions of natural philosophy, the glossators and commentators of late medieval jurisprudence displayed a radically different attitude. In doing so, they implemented a change...
LitStream

Chapter 3The Role of Logic in The Legal Science of The Glossators and Commentators

Errera, Andrea

Pages: 79 –156

[Between the end of the 11th and the beginning of the 12th century a school of law was created in Bologna dedicated to the study of Justinianian texts, that is to say to the examination of that assemblage of Roman law (collectively known in the Middle Ages as the Corpus iuris civilis) that had...
LitStream

Chapter 4Politics in Western Jurisprudence

Pennington, Kenneth

Pages: 157 –211

[In his work Politica methodice digesta that he published in 1603 Johannes Althusius defined politics as the “art of associating [consociandi] men for the purpose of establishing, cultivating, and conserving social life among them” (Althusius 1964, 12). Althusius was an early modern German jurist...
LitStream

Chapter 5Precursors

Padovani, Andrea; Stein, Peter G.

Pages: 258 –286

[Legal historians since F. W. Maitland have agreed in dating the origins of the English common law to the era of the reign of Henry II (1154–1189) (Pollock and Maitland 1968; Milsom 1976; Hudson 1996; Brand 1992b). Although the Anglo-Saxon monarchy prior to the Norman conquest was strong and...
LitStream

Chapter 6The Age of Sir Edward Coke

Padovani, Andrea; Stein, Peter G.

Pages: 287 –316

[The Renaissance saw a transformation in the legal environment in England (see Baker 1986b). To begin with, English society became more litigious than it had ever been. The sixteenth century saw a tenfold rise in the volume of civil litigation, which resulted in part from social and economic...
LitStream

Chapter 7The Age of Selden and Hale

Padovani, Andrea; Stein, Peter G.

Pages: 317 –347

[The first half of the seventeenth century saw continuing disagreements regarding the power of the crown, and its relationship with the law. The debate over the king’s power was revived after the accession of Charles I in 1625, particularly after he sought to finance a war with Spain through a...
LitStream

Chapter 8The Age of Blackstone and Kames

Padovani, Andrea; Stein, Peter G.

Pages: 348 –379

[Selden and Hale presented a reorientated vision of the common law, which focused on law as the product of positive imposition. They saw custom as a set of positive rules originating in the past, which had been developed by judicial argument in court. In their vision, the law of nature played a...
LitStream

Chapter 9The Age of the Federalists

Padovani, Andrea; Stein, Peter G.

Pages: 380 –410

[In 1766, parliament passed the Declaratory Act, proclaiming that Westminster had full power to make law binding the colonies “in all cases whatsoever.” The notion of parliamentary sovereignty which it reflected was one generally accepted by eighteenth century English lawyers. The triumph of...
LitStream

Chapter 10The Age of Bentham and Austin

Padovani, Andrea; Stein, Peter G.

Pages: 411 –441

[Hobbes’s attack on the common lawyers had presented jurists with the problem of how to reconcile a view which conceived of law in terms of authority, rather than reason, with the existence of a body of rules which were developed by courts over a period of time. Hale’s answer to Hobbes was to...

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