By Fred D. Miller Jr., Carrie-Ann Biondi
The first-ever multivolume therapy of the problems in felony 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 functional philosophers. Edited via the well known theorist Enrico Pattaro and his group, this publication is a classical reference paintings that may be of serious curiosity to felony and functional philosophers in addition to to jurists and felony pupil in any respect degrees. The paintings is split in elements. The theoretical half (published in 2005), which include 5 volumes, covers the most subject matters of the modern debate; the historic half, which include six volumes (Volumes 6-8 released in 2007; Volumes nine and 10, released in 2009; quantity eleven released in 2011 and quantity 12 drawing close in 2015), bills for the improvement of criminal proposal from historical Greek instances in the course of the 20th century. the full set may 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 via Fred D. Miller, Jr. and Carrie-Ann Biondi
Volume 6 is the 1st of the Treatise’s old volumes (following the 5 theoretical ones) and is devoted to the philosophers’ philosophy of legislations from old Greece to the sixteenth century. the quantity therefore starts with the dawning of criminal philosophy in Greek and Roman philosophical proposal after which covers the start and improvement of ecu medieval criminal philosophy, the effect of Judaism and the Islamic philosophers, the revival of Roman and Christian canon legislations, and the increase of scholastic philosophy within the past due heart a while, which cleared the path for early-modern Western criminal philosophy. This moment, revised variation comes with a wholly new bankruptcy dedicated to the later Scholastics (Chapter 14, via Annabel Brett) and an epilogue (by Carrie-Ann Biondi) at the legacy of historic and medieval notion for contemporary felony philosophy, in addition to with up to date references and indexes.
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Additional resources 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
Contrast Latin (lex, ius), French (loi, droit), German (Gesetz, Recht), etc. ). For “legal process,” the closest equivalent was dikê— “judgment,” “settlement,” “trial”—which, especially in its later form dikaiosynê, comes to mean “justice” with much the same broad range of meaning as the English word. Early Greek thinkers tended to be concerned with one or the other of two aspects of law: substance and process. The earliest are more concerned about the means of regulating conflict and bringing order to society (process); later there was more interest in the rules and standards that govern the way humans lived their lives (substance).
Affirms that “everything is done according to what is specified by law” and refers to recorded legal precedents, and “thousands of legal documents of trials, inheritance, and transfers of real and personal property, attest to the functioning legal system” (Brewer and Teeter 1999, 73; see also Théodoridès 1971; Lorton 1995; Jasnow 2003, 255). But it is debatable whether Egypt had a regular system of law courts following genuine legal codes, in the sense of systems of laws promulgated by a king, during most of the dynastic period.
PROLOGUE 5 “May any king appearing in this land at any time at all in the future heed the righteous commands that I have inscribed on this stone. May no one change the justice for the land which I have ordained and the verdicts for the land which I have rendered” (E14; Richardson 2000, 125). Anyone who violated or emended the code would fall under a curse (E19). Hammurabi’s code evidently influenced later legal codes, including the Assyrian, Hittite, and Jewish. Persian legal practices may also have had a direct influence on the Greeks who had numerous contacts with the Persian Empire over several centuries.
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