New PDF release: A Treatise of Legal Philosophy and General Jurisprudence:

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

ISBN-10: 9401798842

ISBN-13: 9789401798846

ISBN-10: 9401798850

ISBN-13: 9789401798853

The first-ever multivolume therapy of the problems in felony philosophy and common jurisprudence, from either a theoretical and a ancient standpoint. The paintings is aimed toward jurists in addition to felony and useful philosophers. Edited through the well known theorist Enrico Pattaro and his crew, this ebook is a classical reference paintings that will be of serious curiosity to felony and sensible philosophers in addition to to jurists and felony pupil in any respect degrees. The paintings is split in components. The theoretical half (published in 2005), including 5 volumes, covers the most subject matters of the modern debate; the ancient 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 drawing close in 2015), debts for the advance of felony inspiration from old Greek occasions throughout the 20th century. the whole set can be accomplished with an index.

Volume 6: A historical past of the Philosophy of legislation from the traditional Greeks to the Scholastics
2nd revised version, edited by means 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 historic Greece to the sixteenth century. the amount hence starts with the dawning of criminal philosophy in Greek and Roman philosophical inspiration after which covers the beginning and improvement of ecu medieval felony philosophy, the impact of Judaism and the Islamic philosophers, the revival of Roman and Christian canon legislation, and the increase of scholastic philosophy within the overdue center a long time, which prepared the ground for early-modern Western felony philosophy. This moment, revised variation comes with a completely 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 historic and medieval proposal for contemporary criminal philosophy, in addition to with up-to-date references and indexes.

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Extra 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

Sample text

Writing down laws on relatively permanent materials and displaying them in public had several effects. First, it differentiated certain rules of the community so that they could be identified as laws. Second, it conveyed a sense of the stability and permanence of these rules. Third, it assured that the laws were available to the members of the community—not to all members, given the fairly low degree of literacy at the time, but probably to most of those who commonly participated in public affairs and would be likely to be involved in litigation.

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).

These inscriptions, together with later historical sources, show that during the next century (ca. ) cities all over Greece began to use writing to inscribe and publicly display legislation. In some cities early legislation was traced to a few figures who first wrote laws, Zaleucus of Locri (traditionally the first, ca. , but perhaps legendary), and Draco (ca. ) followed by Solon (ca. ) in Athens. Except in Sparta, which had an antipathy to writing, almost all cities wrote laws and inscribed them, often on stones that were displayed in prominent public places such as the agora or a religious sanctuary.

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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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