A Treatise of Legal Philosophy and General Jurisprudence: by Merio Scattola (auth.), Prof. Enrico Pattaro, Prof. Damiano

By Merio Scattola (auth.), Prof. Enrico Pattaro, Prof. Damiano Canale, Prof. Paolo Grossi, Prof. Hasso Hofmann, Prof. Patrick Riley (eds.)

TO VOLUMES nine AND 10 OF THE TREATISE i'm chuffed to provide right here the 3rd batch of volumes for the Treatise venture: this can be the batch including Volumes nine and 10, specifically, A heritage of the P- losophy of legislations within the Civil legislations international, 1600–1900, edited through Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of legislation from the 17th Century to Our Days, by way of Patrick Riley. 3 v- umes will keep on with: are dedicated to the philosophy of legislations within the twentieth c- tury, and the 3rd one could be the index for the complete Treatise, in order to 1 for this reason eventually include 13 volumes. This quantity nine runs parallel to quantity eight, A historical past of the Philosophy of legislation within the universal legislations international, 1600–1900, through Michael Lobban, released in 2007. quantity 10, for its half, takes up the place quantity 6 left off: which seemed below the identify A heritage of the Philosophy of legislations from the traditional Greeks to the Scholastics (edited through Fred Miller Jr. in organization with Carrie-Ann Biondi, likewise released in 2007), and that is as a rule a heritage of the p- losophers’ philosophy of legislation (let us seek advice from this philosophy as A).

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Extra info for A Treatise of Legal Philosophy and General Jurisprudence: Vol. 9: A History of the Philosophy of Law in the Civil Law World, 1600-1900; Vol. 10: The Philosophers’ Philosophy of Law from the Seventeenth Century to our Days

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The system of commonplaces furnished this orientation in the practical world, and topology was thus the kind of knowledge peculiar to the world of chance and prudence. This idea of jurisprudence and politics as a prudence related to the good life, based on a topological order of commonplaces, formed the core of education in German universities in the first half of the seventeenth century. It began to wane after the Thirty Years’ War. We can clearly perceive this epistemological change considering how a famous passage of the Nichomachean Ethics was interpreted during the first half of the seventeenth century.

But the methodological discussions of the late seventeenth and early eighteenth centuries reveal a different picture. True, we do find divergent ways of imagining natural law, with some thinkers inclining more to a voluntaristic principle and others more to an intellectualistic one. But beyond this apparent divergence there was a perfect continuity in the basic epistemic premises, or rather in the fundamental understanding of what natural law was. In this sense, all the different positions, even when they seemed to revive the doctrine of Thomas Aquinas, conceived natural law as a rationally immanent creation, the product of a logical order, and therefore looked to exactly the same result, namely, the construction of a system of juridical rules perfectly closed in within the boundaries of human reason alone, with the paradoxical consequence that the use of theological arguments, such as the use of a divine constraint in Pufendorf or Thomasius, meant the complete exclusion of theology from natural law (Palladini 1988, 413).

By a repeated division of a simple definition, they reached an “artificial” description, entirely based on the internal commonplaces (Vulte 1598, 54–6). By the late sixteenth and early seventeenth century it was common to call these types of works Methodus (Troje 1977, 741–54). Examples are Konrad Lagus’s Iuris utriusque traditio methodica (1552), François Connan’s Commentarii iuris civilis (1557), Nikolaus Vigel’s Methodus iuris civilis (1565), Iohannes Thomas Freigius’s Quaestiones Iustinianeae (1578) and Partitiones iuris utriusque (1581), Hermann von Vulte’s Idea methodi iuris civilis Iustinianei logica (1586) and Iurisprudentia Romana (1598), Matthias Stephani’s Oeconomia practica iuris universi civilis, feudalis et canonici (1614), and Iohannes Althusius’s Iuris Romani libri duo (1586) and Dicaeologicae libri tres (1967).

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