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A Treatise of Legal Philosophy and General Jurisprudence: by Enrico Pattaro, Corrado Roversi

By Enrico Pattaro, Corrado Roversi

A Treatise of criminal Philosophy and common Jurisprudence is the first-ever multivolume therapy of the problems in felony philosophy and normal jurisprudence, from either a theoretical and a historic point of view. The paintings is geared toward jurists in addition to criminal and useful philosophers. Edited by way of the popular theorist Enrico Pattaro and his staff, this e-book is a classical reference paintings that will be of significant curiosity to felony and useful philosophers in addition to to jurists and criminal student in any respect degrees. The paintings is split in components. The theoretical half (published in 2005), along with 5 volumes, covers the most issues of the modern debate; the old half, along with six volumes (Volumes 6-8 released in 2007; Volumes nine and 10, released in 2009; quantity eleven released in 2011 and quantity 12 approaching in 2016), bills for the improvement of criminal notion from old Greek instances during the 20th century.

Volume 12 criminal Philosophy within the 20th Century: The Civil legislation World

Volume 12 of A Treatise of felony Philosophy and normal Jurisprudence, titled criminal Philosophy within the 20th Century: The Civil-Law international, services as a supplement to Gerald Postema’s quantity eleven (titled criminal Philosophy within the 20th Century: the typical legislation World), and it deals the 1st finished account of the advanced improvement that criminal philosophy has passed through in continental Europe and Latin the US seeing that 1900. during this quantity, prime foreign students from different language parts making up the civil-law international provide an account of how criminal philosophy has developed in those components within the twentieth century, the end result being an total mosaic of civil-law criminal philosophy during this arc of time. additional, experts within the box describe the improvement that felony philosophy has gone through within the twentieth century through targeting 3 of its major subjects—namely, criminal positivism, natural-law thought, and the speculation of criminal reasoning—and discussing the several conceptions which were recommend below those labels. The format of the amount is intended to border ancient research as a way to the modern theoretical debate, therefore finishing the Treatise based on its total methodological goal, specifically, that of mixing background and concept as an important capability wherein to supply a complete account of jurisprudential pondering.

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Extra resources for A Treatise of Legal Philosophy and General Jurisprudence: Volume 12: Legal Philosophy in the Twentieth Century: The Civil Law World, Tome 1: Language Areas, Tome 2: Main Orientations and Topics

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The first strategy turned out to be impossible, and the second one too, or at least it proved to be very difficult. For that reason we ultimately decided to organize the discussion by country, presenting for each of them the entire history of its legal philosophy, with all of the currents of thought that have had a role in it over the course of the 20th century. The outcome of this work, organized geographically, so to speak, is laid out in the first tome of the volume. In order to offset this choice, we also decided to bring out a second tome that in a monographic fashion, beyond the geographical boundaries and fragmentation of the civil law world, would present the three main currents of thought in legal philosophy, namely, natural law theory, legal positivism, and legal realism, along with a theme in legal philosophy that has turned out to be central in the 20th century (particularly in its second half), namely, legal reasoning, ranging from the application of hermeneutics and logic to law to the other significant developments in the theory of legal argumentation.

We initially considered the idea of presenting 20th-century legal philosophy in civil law countries in a crosswise fashion, as it were, that is, by orientation of thought. This idea turned out to be impracticable, however, because that would have required, for each current, either a single author capable of proficiently handling its complex development across many different civil law 3 A different matter is, of course, Scotland. By the same token, it bears recalling that this Treatise does not include the Asian and African countries within its purview.

These are all currents of thought that after 1945 came in succession, rather than standing in direct contrast to one another, as had been happening until 1945, when they were engaged in an ideological struggle for political power. ) The point, to be sure, is not to judge which of the two eras is preferable. But it will be noted that, for all the virtues of the post-ideological world—its having secured peace and greater wealth and tranquillity, for example—it has not managed to recreate the multiformity, richness, and polemical zest of legal philosophy from Stammler to Larenz.

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