Download A Treatise of Legal Philosophy and General Jurisprudence: by Merio Scattola (auth.), Prof. Enrico Pattaro, Prof. Damiano PDF

By Merio Scattola (auth.), Prof. Enrico Pattaro, Prof. Damiano Canale, Prof. Paolo Grossi, Prof. Hasso Hofmann, Prof. Patrick Riley (eds.)

TO VOLUMES nine AND 10 OF THE TREATISE i'm chuffed to give right here the 3rd batch of volumes for the Treatise undertaking: this is often the batch along with Volumes nine and 10, particularly, A historical past of the P- losophy of legislations within the Civil legislations global, 1600–1900, edited through Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of legislation from the 17th Century to Our Days, by means of Patrick Riley. 3 v- umes will keep on with: are dedicated to the philosophy of legislations within the twentieth c- tury, and the 3rd one often is the index for the total Treatise, for you to 1 for this reason finally include 13 volumes. This quantity nine runs parallel to quantity eight, A background of the Philosophy of legislation within the universal legislation global, 1600–1900, through Michael Lobban, released in 2007. quantity 10, for its half, takes up the place quantity 6 left off: which seemed lower than the identify A background of the Philosophy of legislation from the traditional Greeks to the Scholastics (edited via Fred Miller Jr. in organization with Carrie-Ann Biondi, likewise released in 2007), and that's as a rule a historical past of the p- losophers’ philosophy of legislation (let us confer with this philosophy as A).

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Extra resources for A Treatise of Legal Philosophy and General Jurisprudence: Vol. 9: A History of the Philosophy of Law in the Civil Law World, 1600-1900; Vol. 10: The Philosophers’ Philosophy of Law from the Seventeenth Century to our Days

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But if the point of origin is already given, a general theory of law (a general doctrine) can only be concerned with the division, distribution, and disposition of legal materials, as well as with their hierarchy and consistency or inconsistency. In this sense, a general doctrine of law in early modern times could only be conceived as a methodology of law. But we 10 TREATISE, 9 - THE CIVIL LAW WORLD, 1600–1900 have seen that the discussion about method, principles, and system was exclusively concerned with commonplaces.

In this sense, following the doctrine of Philipp Melanchthon, authors like Johann Apel and Christian Hegendorff focused on that part of dialectics which dealt with the “simple theme” and was called “topics” in the strict sense (Hegendorff 1549, 237vb). To this “simple theme” they then continually applied the same simple operation, thereby progressively dividing and defining the theme, so as to ultimately be able to explain the discipline in its entirety (Vigel 1573, 5). The Dialecticae legales of this type drew on Plato’s diairetical, or divisional, method; on Cicero’s authority, whose Topics was transformed by Boethius into 12 TREATISE, 9 - THE CIVIL LAW WORLD, 1600–1900 a kind of dichotomous process (Boethius, De differentiis topicis, 1201–1202); on Galen’s “definitional method”; and on the Ramistic programme of the late sixteenth century.

This account is wrong in its fundamental assumption that Pufendorf succeeded Grotius in the universities of the Holy Roman Empire, when in fact the study of Grotius came in response to the natural law of Pufendorf and possibly of Hobbes. Grotius thus came not before but after Pufendorf, and it was the theologians who are to account for this, since they, more than anyone else, saw in Grotius’s work an instrument against the menace represented by a rational theory of natural law. Our perception of the history of the moral sciences has therefore, in this case, been fundamentally shaped by subsequent historiography, which simply relied on chronology and in this way obfuscated CHAPTER 1 - SCIENTIA IURIS AND IUS NATURAE 19 the “reactive” or “restorative” import involved in the appeal to Grotius.

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