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A Treatise of Legal Philosophy and General Jurisprudence - Volume 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century, Volume 8: A History of the Philosophy of Law in The Common Law World, 1600-1900 (Hardcover, 1st ed. 2016)
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A Treatise of Legal Philosophy and General Jurisprudence - Volume 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century, Volume 8: A History of the Philosophy of Law in The Common Law World, 1600-1900 (Hardcover, 1st ed. 2016)
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The first-ever multivolume treatment of the issues in legal
philosophy and general jurisprudence, from both a theoretical and a
historical perspective. The work is aimed at jurists as well as
legal and practical philosophers. Edited by the renowned theorist
Enrico Pattaro and his team, this book is a classical reference
work that would be of great interest to legal and practical
philosophers as well as to jurists and legal scholar at all levels.
The work is divided The theoretical part (published in 2005),
consisting of five volumes, covers the main topics of the
contemporary debate; the historical part, consisting of six volumes
(Volumes 6-8 published in 2007; Volumes 9 and 10, published in
2009; Volume 11 published in 2011 and volume 12 forthcoming in
2015), accounts for the development of legal thought from ancient
Greek times through the twentieth century. The entire set will be
completed with an index. Volume 7: The Jurists' Philosophy of Law
from Rome to the Seventeenth Century edited by Andrea Padovani and
Peter Stein Volume 7 is the second of the historical volumes and
acts as a complement to the previous Volume 6, discussing from the
jurists' perspective what that previous volume discusses from the
philosophers' perspective. The subjects of analysis are, first, the
Roman jurists' conception of law, second, the metaphysical and
logical presuppositions of late medieval legal science, and,
lastly, the connection between legal and political thought up to
the 17th century. The discussion shows how legal science proceeds
at every step of the way, from Rome to early modern times, as an
enterprise that cannot be untangled from other forms of thought,
thus giving rise to an interest in logic, medieval theology,
philosophy, and politics-all areas where legal science has had an
influence. Volume 8: A History of the Philosophy of Law in The
Common Law World, 1600-1900 by Michael Lobban Volume 8, the third
of the historical volumes, offers a history of legal philosophy in
common-law countries from the 17th to the 19th century. Its main
focus (like that of Volume 9) is on the ways in which jurists and
legal philosophers thought about law and legal reasoning. The
volume begins with a discussion of the 'common law mind' as it
evolved in late medieval and early modern England. It goes on to
examine the different jurisprudential traditions which developed in
England and the United States, showing that while Coke's vision of
the common law continued to exert a strong influence on American
jurists, in England a more positivist approach took root, which
found its fullest articulation in the work of Bentham and Austin.
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