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Matthew Hale: On the Law of Nature, Reason, and Common Law - Selected Jurisprudential Writings (Hardcover)
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Matthew Hale: On the Law of Nature, Reason, and Common Law - Selected Jurisprudential Writings (Hardcover)
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Lawyer, judge, public figure, historian, theologian, and amateur
natural philosopher, Sir Matthew Hale worked and wrote in the
middle decades of the seventeenth century, perhaps the most
turbulent period of English political history. His reflections on
reason, law, and political authority, unpublished in his lifetime,
are collected in this volume. It sets Hale's previously unpublished
Treatise on the Nature of Laws in General and touching the Law of
Nature and his "Reflections on Mr Hobbes his Dialogue of the Laws"
in context of other key works of legal and constitutional theory.
The Treatise reveals a complex general understanding of law and of
moral and legal reasoning. "Reflections" brings these general
considerations to bear on English law, in his critical response to
Hobbes's all-out attack on common-law jurisprudence. "Reflections"
suggests a conception of judicial reasoning, and a view of
political authority, that deepens the view Hale defends in the
longer and more systematic work. His views on practical reasoning
are elaborated and related explicitly to the discipline of law in
his "Preface to Rolle's Abridgement" and in parts of his History of
the Common Law. In the Treatise, Hale argues that human law is
necessarily instituted in the practices and customs of specific
communities, manifesting their consent; this view is enriched and
deepened in the History and "Considerations touching Amendment of
the Law". His views on the foundations of political authority,
sounded in the Treatise, are argued at length in Prerogatives of
the King and "Reflections". "Reflections" argues for necessary
legal limits of ruling power and Prerogatives offers a systematic
discussion of the nature and limits of political authority. Taken
together, these writings offer a rich and subtle articulation of a
classical common-law understanding of law, reason and authority.
Gerald J. Postema present these seminal writings in a modernized
text for readers from philosophy, law, political theory, or
intellectual history. He contributes an extended introduction
setting out the theoretical and historical context of the works.
General
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