Interpretation Of Law In The Age Of Enlightenment
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Interpretation Of Law In The Age Of Enlightenment
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Author : Yasutomo Morigiwa
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-06-29
Interpretation Of Law In The Age Of Enlightenment written by Yasutomo Morigiwa and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-29 with Philosophy categories.
A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.
A Cultural History Of Law In The Age Of Enlightenment
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Author : Rebecca Probert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-03-11
A Cultural History Of Law In The Age Of Enlightenment written by Rebecca Probert and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-11 with History categories.
The period of the Enlightenment was marked by innovation in political, cultural, religious, and educational ideas with the aim of improving the experience of human beings in society. Key to intellectual debates and day-to-day life were ideas about the law. Many looked to Britain, and to the British, as exemplars of a state governed by moderate laws under a moderate constitution. Britain's laws and constitution were portrayed and satirized in almost every artistic medium. A Cultural History of Law in the Age of Enlightenment presents essays spanning the “long 18th century” (1680 to 1820) which explore the place of law in a range of creative and artistic media, all of which flourished in a commercial society with law at its center and enlightenment as its aim. Drawing upon a wealth of visual and textual sources, A Cultural History of Law in the Age of Enlightenment presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
Early Modern Natural Law Theories
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Author : T. Hochstrasser
language : en
Publisher: Springer Science & Business Media
Release Date : 2003-10-31
Early Modern Natural Law Theories written by T. Hochstrasser and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-10-31 with History categories.
This collection offers a timely opportunity to re-examine both the coherence of the concept of an ‘early Enlightenment’, and the specific contribution of natural law theories to its formation. It reassesses the work of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius, and evaluates the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside.
The Enlightenment
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Author : John Robertson
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
The Enlightenment written by John Robertson and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Electronic books categories.
This introduction explores the history of the 18th-century Enlightenment movement. Considering its intellectual commitments, Robertson then turns to their impact on society, and the ways in which Enlightenment thinkers sought to further the goal of human betterment, by promoting economic improvement and civil and political justice.
Jesus In An Age Of Enlightenment
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Author : Jonathan C. P. Birch
language : en
Publisher: Springer
Release Date : 2019-07-18
Jesus In An Age Of Enlightenment written by Jonathan C. P. Birch and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-18 with History categories.
This book explores the religious concerns of Enlightenment thinkers from Thomas Hobbes to Thomas Jefferson. Using an innovative method, the study illuminates the intellectual history of the age through interpretations of Jesus between c.1650 and c.1826. The book demonstrates the persistence of theology in modern philosophy and the projects of social reform and amelioration associated with the Enlightenment. At the core of many of these projects was a robust moral-theological realism, sometimes manifest in a natural law ethic, but always associated with Jesus and a commitment to the sovereign goodness of God. This ethical orientation in Enlightenment discourse is found in a range of different metaphysical and political identities (dualist and monist; progressive and radical) which intersect with earlier ‘heretical’ tendencies in Christian thought (Arianism, Pelagianism, and Marcionism). This intellectual matrix helped to produce the discourses of irenic toleration which are a legacy of the Enlightenment at its best.
Enlightenment Legal Education And Critique
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Author : John W Cairns
language : en
Publisher: Edinburgh University Press
Release Date : 2015-07-27
Enlightenment Legal Education And Critique written by John W Cairns and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-27 with Law categories.
Enlightenment, Legal Education, and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophic
Patterns Of Treaty Interpretation As Anti Fragmentation Tools
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Author : Liliana E. Popa
language : en
Publisher: Springer
Release Date : 2017-12-29
Patterns Of Treaty Interpretation As Anti Fragmentation Tools written by Liliana E. Popa and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-29 with Law categories.
This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.
Saving The Freedom Of Information Act
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Author : Margaret B. Kwoka
language : en
Publisher: Cambridge University Press
Release Date : 2021-10-14
Saving The Freedom Of Information Act written by Margaret B. Kwoka and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-14 with Law categories.
The Freedom of Information Act is vital for democratic accountability. Understanding who uses it is key to re-centering its oversight purposes.
Modernisation National Identity And Legal Instrumentalism Vol I Private Law
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Author :
language : en
Publisher: BRILL
Release Date : 2019-12-16
Modernisation National Identity And Legal Instrumentalism Vol I Private Law written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-16 with Law categories.
This book, one of two volumes, is an anthology that analyses, through selected examples, the role played in the development of private law by the pursuit of goals serving modernisation or national ideologies in various countries, cultural spheres, and periods.
Women And Enlightenment In Eighteenth Century Britain
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Author : Karen O'Brien
language : en
Publisher: Cambridge University Press
Release Date : 2009-03-05
Women And Enlightenment In Eighteenth Century Britain written by Karen O'Brien and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-05 with History categories.
An original study of how Enlightenment ideas shaped the lives of women and the work of eighteenth-century women writers.