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A Treatise of Legal Philosophy and General Jurisprudence: by Enrico Pattaro, Corrado Roversi PDF

By Enrico Pattaro, Corrado Roversi

ISBN-10: 9400714785

ISBN-13: 9789400714786

ISBN-10: 9400714793

ISBN-13: 9789400714793

A Treatise of felony Philosophy and normal Jurisprudence is the first-ever multivolume therapy of the problems in criminal philosophy and common jurisprudence, from either a theoretical and a historic viewpoint. The paintings is aimed toward jurists in addition to felony and sensible philosophers. Edited by way of the popular theorist Enrico Pattaro and his group, this ebook is a classical reference paintings that may be of significant curiosity to criminal and sensible philosophers in addition to to jurists and criminal student in any respect degrees. The paintings is split in components. The theoretical half (published in 2005), such as 5 volumes, covers the most themes of the modern debate; the old half, such as six volumes (Volumes 6-8 released in 2007; Volumes nine and 10, released in 2009; quantity eleven released in 2011 and quantity 12 impending in 2016), bills for the improvement of criminal concept from historic Greek instances in the course of the 20th century.

Volume 12 criminal Philosophy within the 20th Century: The Civil legislation World

Volume 12 of A Treatise of criminal Philosophy and normal Jurisprudence, titled criminal Philosophy within the 20th Century: The Civil-Law international, services as a supplement to Gerald Postema’s quantity eleven (titled criminal Philosophy within the 20th Century: the typical legislation World), and it bargains the 1st entire account of the advanced improvement that criminal philosophy has gone through in continental Europe and Latin the USA for the reason that 1900. during this quantity, top foreign students from different language parts making up the civil-law global provide an account of ways felony philosophy has advanced in those components within the twentieth century, the end result being an total mosaic of civil-law felony philosophy during this arc of time. extra, experts within the box describe the improvement that criminal philosophy has gone through within the twentieth century by way of targeting 3 of its major subjects—namely, criminal positivism, natural-law thought, and the idea of felony reasoning—and discussing the various conceptions which have been recommend less than those labels. The format of the quantity is intended to border old research that allows you to the modern theoretical debate, therefore finishing the Treatise based on its total methodological objective, particularly, that of mixing historical past and conception as an important capacity during which to supply a accomplished account of jurisprudential considering.

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Additional info for A Treatise of Legal Philosophy and General Jurisprudence: Volume 12: Legal Philosophy in the Twentieth Century: The Civil Law World, Tome 1: Language Areas, Tome 2: Main Orientations and Topics

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The Neo-Kantianism of the Marburg School: Cohen, Natorp, Cassirer The neo-Kantian current which originated with Hermann Cohen (1842–1918), and in which we also find Paul Natorp and Ernst Cassirer, is the one whose influence on legal philosophy was greater, both for the better—having influenced the best-known legal philosopher of the 20th century, Hans Kelsen— and for the worse, having sparked bitter criticism for its formalism and abstractness. Indeed, what for this philosophical current lies at the centre of reflection is the question of method.

A case in point is neo-Kantianism: Only superficially can this movement be divided into two camps—the Marburg and Baden schools (with Cohen, Natorp, and Cassirer, on the one hand, and Rickert, Windelband, and Lask, on the other)—since neo-Kantians in legal philosophy were a motley lot, and they often staked out opposite positions. But the same goes for neo-Hegelianism—whose “official” embodiment in Binder and Larenz was preceded by a variety of singular proto-neo-Hegelian trends (witness Kohler and Berolzheimer)—not to mention legal phenomenology, with its various flavours; the Vienna school of law, where Kelsen’s critical positivism lives alongside Verdross’s natural-law theory; the conflicting types of 4 TREATISE, 12 (1) - 20TH CENTURY: THE CIVIL LAW WORLD Marxism; and, finally, the different forms of irrationalism, decisionism, and institutionalism.

In the decoupling of reason and history, what remained was only a history without reason, inasmuch as reason, the Sollen, became just a pale and impotent product of thought, devoid of any effect. The empirical, the phenomenon, fell within the exclusive purview of the theoretical. The birth of legal philosophy would take on the peculiar meaning of a leap beyond the idea that philosophy represents a world superseded by the West’s civil and scientific evolution. Until Emil Lask’s Rechtsphilosophie (1905), German legal literature had in the main committed itself to either empiricism or historicism, both of which had become restrictive, even though they had taken different inflections, in the form of a general empirical theory (Bergbohm, Bierling, Merkel), in the form of legal psychology (Zitelmann, Wundt) and in the form of ethnological jurisprudence (Bachofen, Post, Leist), and also as shallow sociologism (Schäffle, Gumplowicz).

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A Treatise of Legal Philosophy and General Jurisprudence: Volume 12: Legal Philosophy in the Twentieth Century: The Civil Law World, Tome 1: Language Areas, Tome 2: Main Orientations and Topics by Enrico Pattaro, Corrado Roversi

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