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A short history of Western legal theory
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Kelly, J. M.

A short history of Western legal theory / by J.M. Kelly.

Oxford : Clarendon Press ; New York : Oxford University Press, 1992.

Abstract: Outlines the development of legal theory from pre-Roman times to the 20th century. Aiming to relate the evolution of legal theory to parallel developments in political theory and political history, it offers an account of relevant contemporaneous political, religious and economic events. This unique publication outlines the development of legal theory from pre-Roman times to the twentieth century. It aims to relate the evolution of legal theory to parallel developments in political history, and accordingly offers the reader an account of relevant contemporaneous political, religious, and economic events. Each chapter commences with a general historical background for the relevant period, and discusses how political events and political and legal theory are both related to one another and occasionally influence one another. No other English publication aims to anchor legal theory to contemporary general history in this way, shunning the more conventional approach to legal theory via the study of 'traditions' or 'schools', and it is hoped that this study will provide a much-needed basic text for students of jurisprudence, legal theory and politics.

On the duty of man and citizen according to natural law
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Pufendorf, Samuel, Freiherr von, (1632-1694.)

On the duty of man and citizen according to natural law / Samuel Pufendorf ; edited by James Tully ; translated by Michael Silverthorne.

Cambridge [England] ; New York : Cambridge University Press, 1991.

Cambridge texts in the history of political thought

Abstract: On the Duty of Man and Citizen (1673) is Pufendorf's succinct and condensed presentation of the natural law political theory he developed in his monumental classic On the Law of Nature and Nations (1672). His theory was the most influential natural law philosophy of the seventeenth- and eighteenth-centuries. He advanced a compelling reply to Grotius and Hobbes, and in doing so, set the intellectual problems for theorists such as Locke, Hutcheson, Hume, Rousseau, and Smith. In the aftermath of the Thirty Years' War, Pufendorf sets forth a classic justification of the early modern enlightened state and of the proper relations of moral and political subjection to it. This lucid and historically sensitive translation by Michael Silverthorne, (a classicist and a specialist in Roman Law and early modern political thought) is the first since the early twentieth century. James Tully's introduction sets the text in its seventeenth-century context, summarises the main arguments, surveys recent literature on Pufendorf, and shows how Pufendorf transformed natural law theory into an independent discipline of juristic political philosophy which dominated reflection on politics until Kant.

The case of the speluncean explorers
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Suber, Peter.

The case of the speluncean explorers : nine new opinions / Peter Suber.

London ; New York : Routledge, 1998.

Abstract: The Case of the Speluncean Explorers, written in 1949 by Lon Fuller, is the first famous fictitious legal case of all time. Describing a case of trapped travellers who are forcd to cannibalize one of their team, it is used on courses in philosophy of law and Jurisprudence to show how their trial upon rescue touches on key concepts in philosophy and legal theory such as utilitarianism and naturalism. The Case of the Speluncean Explorers: Nine New opinions includes a reprint of Fuller's classic article and a much-needed revision of and addition to the five openings originally expressed in the case by the five Supreme Court Judges. Peter Suber carefully and clearly introduces students to the main themes of Fuller's article before introducing nine new opinions. These opinions include perspectives from communitarian, feminist, multicultural, postmodern and economic theories of law, updating Fuller's original case and bringing contemporary theories of law to bear on the five original opinions. Why read this book? One reason is to get beyond sloganeering about "judicial activism" and "activist judges". The book is an enjoyable and even-handed way to understand what the debate is about. It doesn't tell you what to think, but illustrates the contending positions and lets you think for yourself. It will show you how judges with different moral and political beliefs interpret written law, how they use precedents, how they conceive the proper role of judges, how they conceive the relationship between law and morality, and how they defend their judicial practices against criticism. It anchors all of this in a Supreme Court hearing of a gripping, concrete case on which real people disagree. (Challenge: Take any view of how judges should interpret law, especially any view that makes it sound easy, and try it out on this case. How well can it respect the facts and law? How well can it answer the objections from judges who take other views? How well does it deliver justice?) The book uses no jargon and assumes no prior knowledge of law or legal philosophy.