Download e-book for iPad: A Treatise of Legal Philosophy and General Jurisprudence: by Enrico Pattaro, Corrado Roversi

By Enrico Pattaro, Corrado Roversi

ISBN-10: 9400714785

ISBN-13: 9789400714786

ISBN-10: 9400714793

ISBN-13: 9789400714793

A Treatise of felony Philosophy and common Jurisprudence is the first-ever multivolume remedy of the problems in criminal philosophy and basic jurisprudence, from either a theoretical and a old point of view. The paintings is aimed toward jurists in addition to criminal and sensible philosophers. Edited by way of the well known theorist Enrico Pattaro and his staff, this publication is a classical reference paintings that might be of significant curiosity to criminal and useful philosophers in addition to to jurists and criminal student in any respect degrees. The paintings is split in elements. The theoretical half (published in 2005), including 5 volumes, covers the most themes 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 imminent in 2016), debts for the advance of felony concept from historic Greek instances in the course of the 20th century.

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

Volume 12 of A Treatise of criminal Philosophy and basic Jurisprudence, titled criminal Philosophy within the 20th Century: The Civil-Law international, features as a supplement to Gerald Postema’s quantity eleven (titled felony Philosophy within the 20th Century: the typical legislations World), and it deals the 1st complete account of the advanced improvement that criminal philosophy has gone through in continental Europe and Latin the USA on account that 1900. during this quantity, top foreign students from different language parts making up the civil-law global supply an account of ways felony philosophy has advanced in those components within the twentieth century, the result being an total mosaic of civil-law felony philosophy during this arc of time. additional, experts within the box describe the improvement that felony philosophy has passed through within the twentieth century by way of targeting 3 of its major subjects—namely, felony positivism, natural-law idea, and the speculation of criminal reasoning—and discussing different conceptions which were recommend less than those labels. The structure of the quantity is intended to border ancient research which will the modern theoretical debate, hence finishing the Treatise in accordance with its total methodological target, particularly, that of mixing historical past and conception as an important capability during which to supply a complete account of jurisprudential considering.

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Extra 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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3 This conception, however, is distinctive to Cohen’s neo-Kantianism and can hardly be ascribed in toto to Rickert’s philosophy or to southwest German neo-Kantianism in general. Lask’s philosophy, marked by a basic Platonic and Neoplatonic bent, cannot be made to fall squarely within neo-Kantianism, whether it be the Baden or the Marburg variety. There is a basic doubleness with which his philosophy is imbued, for on the one hand he tends toward “things themselves,” in accordance with an ontologically oriented mode of thought, while on the other hand he cannot do without the gnosiological positions of a mode of thought at once aprioristic and to some extent subjectivistic.

The first strategy turned out to be impossible, and the second one too, or at least it proved to be very difficult. For that reason we ultimately decided to organize the discussion by country, presenting for each of them the entire history of its legal philosophy, with all of the currents of thought that have had a role in it over the course of the 20th century. The outcome of this work, organized geographically, so to speak, is laid out in the first tome of the volume. In order to offset this choice, we also decided to bring out a second tome that in a monographic fashion, beyond the geographical boundaries and fragmentation of the civil law world, would present the three main currents of thought in legal philosophy, namely, natural law theory, legal positivism, and legal realism, along with a theme in legal philosophy that has turned out to be central in the 20th century (particularly in its second half), namely, legal reasoning, ranging from the application of hermeneutics and logic to law to the other significant developments in the theory of legal argumentation.

That explains why the two parts of the exposition are so lopsided, the first (spanning from Chapter 1 to 9) being much longer than the second (developed in Chapter 10): They reflect the difference between the era of clashing worldviews and the subsequent era marked by historico-cultural transformations that can be described as somehow evolutive and not easy to pin down in any definite manner. Indeed, after 1945, the problem of legal philosophy was framed on the basis of different paradigms and perspectives: In the rebirth of natural-law theory, the problem was how to arrive at the ontological foundation of law; in language analysis, it was to “purify” law of its metaphysical nonsense; on the hermeneutical approach, it was to investigate law as a bearer of meaning; and, finally, there emerged the problem of investigating law as a tool for transforming society or as a phenomenon in a process of universalization.

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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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