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Interpretation of Law in the Age of Enlightenment - From the Rule of the King to the Rule of Law (Hardcover, Edition.)
Loot Price: R2,935
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Interpretation of Law in the Age of Enlightenment - From the Rule of the King to the Rule of Law (Hardcover, Edition.)
Series: Law and Philosophy Library, 95
Expected to ship within 10 - 15 working days
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A collaboration of leading historians of European law and
philosophers of law and politics identifying and explaining the
practice of interpretation of law in the 18th century. The goal:
establishing the actual practice in the Age of Enlightenment, and
explaining why this was the case. The ideology of the Age was that
law, i.e., the will of the sovereign, can be explicitly and
appropriately stated, thus making interpretation redundant.
However, the reality was that in the 18th century, there was no one
leading source of national law that would be the object of
interpretation. Instead, there was a plurality of sources of law:
the Roman Law, local customary law, and the royal ordinance.
However, in deciding a case in a court of law, the law must speak
with one voice. Hence, interpretation to unify the norms was
inevitable. What was the process? What role did justification in
terms of reason, the hallmark of the Enlightenment, play? These are
some of the questions addressed.
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