On The History Of The Idea Of Law
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On The History Of The Idea Of Law
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Author : Shirley Robin Letwin
language : en
Publisher:
Release Date : 2004
On The History Of The Idea Of Law written by Shirley Robin Letwin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Major Trends In The History Of Legal Philosophy
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Author : H. J. van Eikema Hommes
language : en
Publisher: North-Holland
Release Date : 1979
Major Trends In The History Of Legal Philosophy written by H. J. van Eikema Hommes and has been published by North-Holland this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Law categories.
The Universal History Of Legal Thought
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Author : Roberto Mangabeira Unger
language : en
Publisher: Deep Freedom Books
Release Date : 2021-01-29
The Universal History Of Legal Thought written by Roberto Mangabeira Unger and has been published by Deep Freedom Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-29 with Law categories.
This essay explores the contradictory coexistence between two approaches to law that have been dominant in all major legal traditions: law as the normative order chosen by the legitimate and effective holders of power in the state and law as a normative order implicit in social life -- a series of detailed models of what relations among people can and should look like in different parts of social experience. The rudimentary form of the first approach is legal thought as the interpretation of law laid down by the sovereign. The simplest form of the second approach is legal thought as authoritative doctrine developed by jurists and judges in the absence of legislation or as its most important source. The central problems of legal theory result from the impossibility of reconciling these two views of law. The solution to those problems is not theoretical; it is practical: the changes in the organization of society, the economy, and the state that would make democratic self-government a reality -- rather than the sham that it continues to be -- and transform the character of both legislation and legal doctrine. Such a practical solution, however, requires, to guide it, a revolution in our thinking about the institutional and ideological regimes, expressed as law, that shape social life. The foremost task of legal thought today, and the answer to the enigmas of its universal history, is to contribute to the development of that way of thinking.
The Philosophy Of Law In Historical Perspective
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Author : Carl Joachim Friedrich
language : en
Publisher: University of Chicago Press
Release Date : 1963
The Philosophy Of Law In Historical Perspective written by Carl Joachim Friedrich and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Law categories.
The Rule Of Law History Theory And Criticism
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Author : Pietro Costa
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-05-06
The Rule Of Law History Theory And Criticism written by Pietro Costa 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 2007-05-06 with Law categories.
Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
The Recovery Of Historical Law
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Author : Friedrich Julius Stahl
language : en
Publisher: WordBridge Publishing
Release Date : 2021-02-20
The Recovery Of Historical Law written by Friedrich Julius Stahl and has been published by WordBridge Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-20 with Law categories.
As the world reels from crisis to crisis, the most serious one seems to draw the least attention. And that is the crisis of the Western mind. The seeds of radical subjectivism sown at the time of a previous such crisis, chronicled in Paul Hazard’s Crisis of the European Mind, have now borne fruit, fruit of such stupendous magnitude that they threaten to drag us down into the depths of cultural despair. In The Rise and Fall of Natural Law, this descent into the maelstrom was chronicled from its origin to its inevitable conclusion – at least, in the world of intellect. Culture lags intellect, but it is never insulated from it. Ideas do have consequences. The intellectual counterpart to our cultural crisis already played itself out 200 years ago. The crisis of the European mind, by which intellectual culture shifted from Revelation to Reason, found its fitting conclusion in the work of the ultimate solipsist, Johann Gottlieb Fichte. Fichte’s focus on enthusiastic conviction and the primacy of the subjective makes him the prophet of the modern world. Indeed, his orientation has now triumphed for all to see. His story, and the stories of those leading up to him – the leading characters in “the Rise and Fall of Natural Law” – are crucial to understanding the genesis of the modern world. But that is not the end of the story, for history goes on. That spot, precisely where the first half of Stahl’s history of legal philosophy leaves off, is where the second half picks up. The Recovery of Historical Law narrates the attempts to overcome this radical subjectivism and establish a functioning social order in which the ideal matches up with the real, the theory is in harmony with the practice. After discussing the work of Locke, Montesquieu, Constant, and the Doctrinaires, all of whom functioned fully within the framework of autonomous natural law while attempting to mitigate it, Stahl reveals the hero of the story: Friedrich Schelling. It was Schelling who initiated the gargantuan task of reorienting philosophy away from subjectivism and back toward objective reality. Stahl characterizes this as a “Samsonesque act” whereby Schelling “lifted the temple of the previous philosophy off of its pillars and buried the whole army of enemies, himself included, under its ruins.” For one thing, this explains the cover illustration, “Samson Destroying the Philistine Temple.” For another, it intimates how Schelling, like Moses, stood at the entry to the Promised Land without entering in. Schelling’s philosophy is an exercise in pantheism, an orientation from which he struggled to free himself later in life. And in fact, Hegel, his great fellow laborer in so-called “speculative philosophy,” took that pantheism and turned it into a mighty system in its own right. A rabbit trail that carried many into another dead end, one with which we wrestle today: “conscious” or “woke” big government. But that is not the end of the story. Schelling’s first fruits were recovered by the Historical School of Jurisprudence, led by Friedrich Carl von Savigny. Here the work of Counter-Revolutionaries such as Joseph de Maistre and Edmund Burke was carried forward to bear fruit for jurisprudence. And this is the foundation for Stahl’s own system, as contained in Volume II: The Doctrine of Law and State on the Basis of the Christian World-View. It is on this basis that the laborious task to reconstruct Western civilization can begin. And not a moment too soon.
A Global History Of Ideas In The Language Of Law
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Author : Gunnar Folke Schuppert
language : en
Publisher:
Release Date : 2021
A Global History Of Ideas In The Language Of Law written by Gunnar Folke Schuppert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
Western Legal Theory
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Author : Augusto Zimmermann
language : en
Publisher:
Release Date : 2012-12-07
Western Legal Theory written by Augusto Zimmermann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-07 with Jurisprudence categories.
Western Legal Theory: History, Concepts and Perspectives enable readers to gain a holistic appreciation of the law by presenting a broad collection of ideas concerning the nature of law. The author draws from a number of social disciplines to provide a rounded sense of what law really is and how it should work in society. The text discusses a wide range of theories and theorists, and also traces the historical developments of Western legal thought from ancient times to the present day. With a focus on the historical and contemporary role of philosophy in the interpretation of law, Western Legal Theory: History, Concepts and Perspectives provide a fascinating insight into the development of law and a comprehensive analysis of current legal thought. It is ideal for students of legal theory and jurisprudence, legal history, political philosophy, and legal practitioners and general readers interested in the theories underpinning our legal institutions and framework.
On The History Of The Idea Of Law
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Author : Shirley Robin Letwin
language : en
Publisher: Cambridge University Press
Release Date : 2005-11-10
On The History Of The Idea Of Law written by Shirley Robin Letwin 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 2005-11-10 with Political Science categories.
On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato's writings to today. Professor Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H. L. A. Hart and especially Michael Oakeshott to mount a devastating attack on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence. In all of this, Professor Letwin finds the rule of law to be the key to modern liberty and the standard of justice. This is the final work of the distinguished historian and theorist Shirley Robin Letwin, a major figure in the revival of Conservative thought and doctrine from 1960 onwards, who died in 1993.
Interpretations Of Legal History
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Author : Roscoe Pound
language : en
Publisher: Cambridge University Press
Release Date : 1967
Interpretations Of Legal History written by Roscoe Pound 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 1967 with Law categories.
Originally published in 1923, this book presents a critical history of juristic thought as it developed in England and other countries.