A Treatise of Legal Philosophy and General Jurisprudence: by Fred D. Miller Jr., Carrie-Ann Biondi PDF

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 old viewpoint. The paintings is geared toward jurists in addition to felony and useful philosophers. Edited by means of the well known theorist Enrico Pattaro and his group, this e-book 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 components. The theoretical half (published in 2005), along with 5 volumes, covers the most themes of the modern debate; the old half, including six volumes (Volumes 6-8 released in 2007; Volumes nine and 10, released in 2009; quantity eleven released in 2011 and quantity 12 approaching in 2015), bills for the improvement of criminal concept from historical Greek instances in the course of the 20th century. the total set could be accomplished with an index.

Volume 6: A heritage of the Philosophy of legislations from the traditional Greeks to the Scholastics
2nd revised version, edited by way of Fred D. Miller, Jr. and Carrie-Ann Biondi

Volume 6 is the 1st of the Treatise’s historic volumes (following the 5 theoretical ones) and is devoted to the philosophers’ philosophy of legislation from old Greece to the sixteenth century. the amount hence starts with the dawning of criminal philosophy in Greek and Roman philosophical suggestion after which covers the beginning and improvement of ecu medieval felony philosophy, the impression of Judaism and the Islamic philosophers, the revival of Roman and Christian canon legislation, and the increase of scholastic philosophy within the past due heart a long time, which lead the way for early-modern Western felony philosophy. This moment, revised version comes with a completely new bankruptcy dedicated to the later Scholastics (Chapter 14, by way of Annabel Brett) and an epilogue (by Carrie-Ann Biondi) at the legacy of historic and medieval concept for contemporary felony 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

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Once Deioces was king, his whole approach to justice changed. He built a large new palace and shut himself off from his people, conducting all business through messengers. Specifically with regard to law, Herodotus tells us, Deioces became a severe guardian of justice. People had to put their cases in writing and have them sent in to him; then he made his decisions and sent them back. In addition to this procedure for legal disputes, he established others: if he heard of anyone assaulting someone, he would send for him and impose on him a punishment appropriate to the crime, and he had spies and observers throughout the extent of his kingdom.

As he comes to the hearing, they seek his favor like a god with respect that is soothing, and he stands out from those assembled. (Th. 81–92, as quoted in Gagarin and Woodruff 1995, 19–20) Here, although there is only a single judge, the process resembles Homer’s description in several ways: It takes place in the agora, where a crowd is assembled; people come forth to seek a resolution for their dispute or some compensation for injury. The king’s success depends in part on his intelligence and his ability to find a straight (fair, just) resolution, but Hesiod’s main point is that with the Muses’ help the king is also a successful speaker.

7; Saggs 1989, chap. 8). Justice was upheld throughout the universe by the gods, especially the sun god Utu (Shamash), also god of justice, with the king as his representative. Hammurabi declares, “By the command of Shamash, the almighty judge in heaven and earth, let my justice shine over the land” (E10; as quoted in Richardson 2000, 123). The king was ordained by the gods “to demonstrate justice within the land, to destroy evil and wickedness, and to stop the mighty exploiting the weak, […] to improve the welfare of my people” (P3; as quoted in Richardson 2000, 30–1; see also Westbrook 2003b, 364).

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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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