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Read e-book online A Treatise of Legal Philosophy and General Jurisprudence: PDF

By Fred D. Miller Jr., Carrie-Ann Biondi

ISBN-10: 9401798842

ISBN-13: 9789401798846

ISBN-10: 9401798850

ISBN-13: 9789401798853

The first-ever multivolume remedy of the problems in felony philosophy and normal jurisprudence, from either a theoretical and a historic viewpoint. The paintings is geared toward jurists in addition to felony and sensible philosophers. Edited through the popular theorist Enrico Pattaro and his group, this booklet is a classical reference paintings that may be of serious curiosity to felony and useful 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), along with 5 volumes, covers the most issues of the modern debate; the historic half, together with six volumes (Volumes 6-8 released in 2007; Volumes nine and 10, released in 2009; quantity eleven released in 2011 and quantity 12 approaching in 2015), money owed for the advance of criminal inspiration from historic Greek occasions in the course of the 20th century. the whole set might be accomplished with an index.

Volume 6: A historical past of the Philosophy of legislations from the traditional Greeks to the Scholastics
2nd revised variation, edited by way of Fred D. Miller, Jr. and Carrie-Ann Biondi

Volume 6 is the 1st of the Treatise’s old volumes (following the 5 theoretical ones) and is devoted to the philosophers’ philosophy of legislations from old Greece to the sixteenth century. the quantity hence starts with the dawning of felony philosophy in Greek and Roman philosophical suggestion after which covers the start and improvement of eu medieval felony philosophy, the impression of Judaism and the Islamic philosophers, the revival of Roman and Christian canon legislation, and the increase of scholastic philosophy within the past due heart a while, which cleared the path for early-modern Western felony philosophy. This moment, revised variation comes with a wholly new bankruptcy dedicated to the later Scholastics (Chapter 14, by means of Annabel Brett) and an epilogue (by Carrie-Ann Biondi) at the legacy of old and medieval inspiration for contemporary criminal philosophy, in addition to with up to date references and indexes.

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Additional info for A Treatise of Legal Philosophy and General Jurisprudence: Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics

Example text

Aristotle remarks that the Egyptians “are thought to be the most ancient of people, and they have acquired laws and a political order” (Pol. 1329b32–3). The great antiquity of the Egyptian legal system is also accentuated in the story in Plato’s Timaeus about the visit of Solon of Athens to Saïs in Egypt, where he interrogated priests about early history. The priests told him that “you Greeks are forever children” and “you have in your souls no belief about antiquity handed down by ancient tradition” (Tim.

CHAPTER 1 - EARLY GREEK LEGAL THOUGHT 21 This was the nomos that Zeus established for human beings: For fish and beasts and flying birds he allowed That one may eat another, since there is no justice among them; But to human beings he gave justice, which turns out to be Much better. (WD 271–80, as quoted in Gagarin and Woodruff 1995, 18–9) The consensus of scholars is that nomos “does not here bear the sense of ‘law’ or ‘ordinance’ which prescribes a certain behavior but designates the behavior itself,” and being god-given is “only incidental” (Ostwald 1969, 21).

The king was ordained by the gods “to demonstrate justice within the land, to destroy evil and wickedness, and to stop the mighty exploiting the weak, […] to improve the welfare of my people” (P3; as quoted in Richardson 2000, 30–1; see also Westbrook 2003b, 364). Although ultimately responsible for administering justice, the king could, and generally did, delegate this responsibility to judges who held court in or before temples (Jacobsen 1946, 208–9; Saggs 1989, 170–3; Postgate 1992, chap. 5 Hammurabi proclaimed that his commandments should remain in force unchanged in perpetuity: 5 Saggs and Postgate reconstruct early Mesopotamian legal procedures.

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A Treatise of Legal Philosophy and General Jurisprudence: Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics by Fred D. Miller Jr., Carrie-Ann Biondi


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