Leçons d'histoire de la philosophie du droit PDF Download

Author: Michel Villey
Publisher:
ISBN:
Category : Jurisprudence
Languages : fr
Pages : 336

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Author: Petar Popovic
Publisher: CUA Press
ISBN: 0813235502
Category : Law
Languages : en
Pages : 328

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Book Description
This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

Author: Brian Tierney
Publisher: Wm. B. Eerdmans Publishing
ISBN: 9780802848543
Category : Law
Languages : en
Pages : 400

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This series, originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.

Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792322481
Category : Law
Languages : en
Pages : 404

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The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law," This volume containes: - General Course of Private International Law by F. VISCHER, Professor at the University of Basel; - Les consequences de l'integration europeenne sur le developpement du droit international prive;, par A.V.M. STRUYCKEN, professeur; a l'Universite; catholique de Nimege.

Author: Pamela Slotte
Publisher: Cambridge University Press
ISBN: 1107107644
Category : Law
Languages : en
Pages : 419

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Scholars of history, law, theology and anthropology critically revisit the history of human rights.

Author: Mark Van Hoecke
Publisher: Bloomsbury Publishing
ISBN: 1847311245
Category : Law
Languages : en
Pages : 408

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Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.

Author: James H. Hutson
Publisher: Lexington Books
ISBN: 9780739105719
Category : Political Science
Languages : en
Pages : 214

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Six original essays that explore the deep significance of previously neglected religious themes in the Founding Era.

Author: Jed W. Atkins
Publisher: Cambridge University Press
ISBN: 1108619746
Category : History
Languages : en
Pages : 259

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Book Description
What can the Romans teach us about politics? This thematic introduction to Roman political thought shows how the Roman world developed political ideas of lasting significance, from the consequential constitutional notions of the separation of powers, political legitimacy, and individual rights to key concepts in international relations, such as imperialism, just war theory, and cosmopolitanism. Jed W. Atkins relates these and many other important ideas to Roman republicanism, traces their evolution across all major periods of Roman history, and describes Christianity's important contributions to their development. Using the politics and political thought of the United States as a case study, he argues that the relevance of Roman political thought for modern liberal democracies lies in the profound mixture of ideas both familiar and foreign to us that shape and enliven Roman republicanism. Accessible to students and non-specialists, this book provides an invaluable guide to Roman political thought and its enduring legacies.

Author: Joseph J. Tinguely
Publisher: Springer Nature
ISBN: 3031541367
Category : Electronic books
Languages : en
Pages : 803

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Author: John Finnis
Publisher: OUP Oxford
ISBN: 0191021547
Category : Law
Languages : en
Pages : 1038

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Book Description
First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.