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Title A treatise of legal philosophy and general jurisprudence. volume 7, The jurists' philosophy of law from Rome to the seventeenth century / edited by Andrea Padovani and Peter G. Stein ; with contributions by Andrea Errera [and more]
Published Dordrecht : Springer, 2007

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Description 1 online resource : illustrations
Series Treatise of legal philosophy and general jurisprudence ; v. 7
Treatise of legal philosophy and general jurisprudence ; v. 7.
Contents TABLE OF CONTENTS ; A NOTE ON THE AUTHORS; PREFACE; ABBREVIATIONS; Chapter 1: THE ROMAN JURISTS' CONCEPTION OF LAW; 1.1. Introduction; 1.2. Legal Procedure; 1.3. The Rise of the Jurists; 1.4. The Arrival of Legal Theory; 1.5. Jurist-law; 1.6. The Ius gentium; 1.7. Equity from Ius honorarium to the Postclassical Age; 1.8. The Proculians and the Sabinians; 1.9. Unwritten Law; 1.10. Elegance in Language and Law; 1.11. The Aesthetics of Juristic Reasoning; 1.12. The Institutional Scheme; 1.13. The Digest Title, De diversis regulis iuris antiqui, and the General Principles of Law
1.14. The Historical Formation of Regulae iuris1.15. Conclusion; Chapter 2: THE METAPHYSICAL THOUGHT OF LATE MEDIEVAL JURISPRUDENCE; 2.1. Foreword; 2.1.1. Why Metaphysics?; 2.2. The Objects of Jurisprudence; 2.2.1. Being and Essence. The Concept of Substance; 2.2.2. The Concept of Substance in Jurisprudence. Acts of Ethical Relevance; 2.2.3. The Different Substantiality of Human Acts and Natural Things; 2.2.4. The "Iura" Are Incorporeal Things and Secondary Substances; 2.2.5. The "Iura" Are Products of the Imagination. The Mathematical Paradigm; 2.2.6. The Scientific Nature of Jurisprudence
2.2.7. Jurisprudence Is a Theoretical as well as a Practical Science. The "Debate of the Arts"2.2.8. The Knowledge of the Primary Principles and the Hierarchy of the Sciences; 2.3. Theology and Law; 2.3.1. Greek Logos and Christian Logos; 2.3.2. Equity and Justice, Names of God. The Influence of St. Augustine; 2.3.3. From Equity in General to the Juridical Norm. The Influence of Iohannes Eriugena; 2.3.4. The Abandonment of Meta-Juridical Analysis after Accursius; 2.3.5. The Doctrine of the Ideas of God. A Neo-Platonic Residue Indispensable to Medieval Philosophy
2.3.6. The "Iura" Are Encompassed in the Divine Word2.3.7. Reasons for the Criticism of Plato; 2.3.8. The Archetypes of the "Iura" Are in God; 2.3.9. Perpetuity of the "Iura": The Impact of the Book on Causes; 2.3.10. Traces of Averroism?; 2.3.11. Conclusion; Chapter 3: THE ROLE OF LOGIC IN THE LEGAL SCIENCE OF THE GLOSSATORS AND COMMENTATORS; 3.1. The First Half of the 12th Century: The Logica vetus and Recourse to the Distinctio; 3.1.1. The Logic and School of the Glossators; 3.1.2. The Dichotomous Technique
3.1.3. Knowledge of Distinctio in the Context of the Logica vetus: Porphyry's Isagoge3.1.4. The Epistemological Relevance of Distinctio at the Time of the Logica vetus; 3.1.5. The Role of Distinctio in the Field of Legal Science; 3.1.6. The Highpoint of the Doctrinal Development of Distinctio at the Glossators' School: The "Tree" of Subdistinctiones; 3.1.7. The Eminent Role of Distinctio in the Formulation of Doctrine in the Early Decades of the Glossators' School: The Quaestiones legitimae
Summary A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2015), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century edited by Andrea Padovani and Peter Stein Volume 7 is the second of the historical volumes and acts as a complement to the previous Volume 6, discussing from the jurists' perspective what that previous volume discusses from the philosophers' perspective. The subjects of analysis are, first, the Roman jurists' conception of law, second, the metaphysical and logical presuppositions of late medieval legal science, and, lastly, the connection between legal and political thought up to the 17th century. The discussion shows how legal science proceeds at every step of the way, from Rome to early modern times, as an enterprise that cannot be untangled from other forms of thought, thus giving rise to an interest in logic, medieval theology, philosophy, and politics-all areas where legal science has had an influence. Volume 8: A History of the Philosophy of Law in The Common Law World, 1600-1900 by Michael Lobban Volume 8, the third of the historical volumes, offers a history of legal philosophy in common-law countries from the 17th to the 19th century. Its main focus (like that of Volume 9) is on the ways in which jurists and legal philosophers thought about law and legal reasoning. The volume begins with a discussion of the 'common law mind' as it evolved in late medieval and early modern England. It goes on to examine the different jurisprudential traditions which developed in England and the United States, showing that while Coke's vision of the common law continued to exert a strong influence on American jurists, in England a more positivist approach took root, which found its fullest articulation in the work of Bentham and Austin.
Bibliography Includes bibliographical references and indexes
Subject Law -- Philosophy -- History
Scholasticism -- Philosophy -- History
Roman law -- History.
Jurisprudence.
Common law -- History.
Jurisprudence
law (discipline)
LAW -- Essays.
LAW -- General Practice.
LAW -- Jurisprudence.
LAW -- Paralegals & Paralegalism.
LAW -- Practical Guides.
LAW -- Reference.
Common law
Jurisprudence
Law -- Philosophy
Roman law
Genre/Form History
Form Electronic book
Author Padovani, Andrea.
Stein, Peter G., editor
ISBN 9789401798808
940179880X