Download 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

The first-ever multivolume remedy of the problems in criminal philosophy and common jurisprudence, from either a theoretical and a ancient point of view. The paintings is geared toward jurists in addition to felony and useful philosophers. Edited through the popular theorist Enrico Pattaro and his group, this booklet is a classical reference paintings that will be of serious curiosity to criminal and sensible philosophers in addition to to jurists and criminal pupil in any respect degrees. The paintings is split in elements. The theoretical half (published in 2005), inclusive of 5 volumes, covers the most subject matters of the modern debate; the historic half, inclusive of six volumes (Volumes 6-8 released in 2007; Volumes nine and 10, released in 2009; quantity eleven released in 2011 and quantity 12 coming near near in 2015), debts for the advance of felony proposal from old Greek occasions throughout the 20th century. the complete set should be accomplished with an index.

Volume 6: A heritage of the Philosophy of legislation 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 old volumes (following the 5 theoretical ones) and is devoted to the philosophers’ philosophy of legislations from historical Greece to the sixteenth century. the amount hence starts with the dawning of felony philosophy in Greek and Roman philosophical inspiration after which covers the beginning and improvement of ecu medieval felony philosophy, the impact of Judaism and the Islamic philosophers, the revival of Roman and Christian canon legislations, and the increase of scholastic philosophy within the past due center a long time, 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 historical and medieval idea for contemporary felony philosophy, in addition to with up to date references and indexes.

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Additional 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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Later, during the Hellenistic and Roman periods, it was claimed that early Greek statesmen were inspired by Egyptian archetypes. Diodorus Siculus (ca. 1). Plutarch (ca. D. 45–121) (Lyc. 6) also cites Egyptian claims, confirmed by some Greek historians, that Lycurgus visited them and copied some of their institutions. On the basis of such texts it has been argued that Greek political and legal philosophy was heavily indebted to Egypt. Whether these events actually occurred, however, is questionable.

There were no professional judges, moreover, so that these jurors carried out most of the functions that we today assign to judges together with those of modern jurors. We today consider law to be the province of specifically trained professionals in which amateurs have a limited role. We also tend to think that political concerns ought not to affect legal decisions, although we may admit that in practice they often do. But, to take a modern example, the 20 One law made it illegal to award a crown in the theater, the other to crown someone who still held office.

The importance of this process is also evident in the work of Homer’s contemporary Hesiod, who tells us he experienced it directly in the course of a dispute with his brother Perses over the division of their inheritance. In Works and Days he complains that Perses has been trying to get more than his fair share of their father’s estate and worries that the “gift-devouring kings” who want to judge the case may side with Perses. In a long passage (WD 213–85), he urges first Perses, then the kings, then Perses again, not to give way to “crooked” justice, for in the long run crooked justice will result in famine and destruction for the whole community, whereas straight justice will lead to prosperity.

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