By Fred D. Miller Jr., Carrie-Ann Biondi

ISBN-10: 9401798842

ISBN-13: 9789401798846

ISBN-10: 9401798850

ISBN-13: 9789401798853

The first-ever multivolume therapy of the problems in felony philosophy and basic jurisprudence, from either a theoretical and a ancient viewpoint. The paintings is aimed toward jurists in addition to felony and functional philosophers. Edited by way of the popular theorist Enrico Pattaro and his staff, this booklet is a classical reference paintings that will be of significant curiosity to felony and sensible philosophers in addition to to jurists and felony student in any respect degrees. The paintings is split in components. The theoretical half (published in 2005), inclusive of 5 volumes, covers the most subject matters of the modern debate; the ancient half, inclusive of six volumes (Volumes 6-8 released in 2007; Volumes nine and 10, released in 2009; quantity eleven released in 2011 and quantity 12 impending in 2015), debts for the improvement of felony idea from historical Greek occasions throughout the 20th century. the complete set can be accomplished with an index.

Volume 6: A background of the Philosophy of legislation from the traditional Greeks to the Scholastics
2nd revised version, edited by means of Fred D. Miller, Jr. and Carrie-Ann Biondi

Volume 6 is the 1st of the Treatise’s old volumes (following the 5 theoretical ones) and is devoted to the philosophers’ philosophy of legislation from historical Greece to the sixteenth century. the amount therefore starts off with the dawning of criminal philosophy in Greek and Roman philosophical proposal after which covers the start and improvement of eu medieval felony philosophy, the impact of Judaism and the Islamic philosophers, the revival of Roman and Christian canon legislations, and the increase of scholastic philosophy within the overdue center a while, which lead the way for early-modern Western criminal philosophy. This moment, revised version comes with a wholly new bankruptcy dedicated to the later Scholastics (Chapter 14, by means of Annabel Brett) and an epilogue (by Carrie-Ann Biondi) at the legacy of historical and medieval inspiration for contemporary felony philosophy, in addition to with up-to-date references and indexes.

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Additional info for A Treatise of Legal Philosophy and General Jurisprudence: Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics

Sample text

The fragmentary edict of Horemheb from the nineteenth dynasty, ca. ). ) affirms that “everything is done according to what is specified by law” and refers to recorded legal precedents, and “thousands of legal documents of trials, inheritance, and transfers of real and personal property, attest to the functioning legal system” (Brewer and Teeter 1999, 73; see also Théodoridès 1971; Lorton 1995; Jasnow 2003, 255). But it is debatable whether Egypt had a regular system of law courts following genuine legal codes, in the sense of systems of laws promulgated by a king, during most of the dynastic period.

CHAPTER 1 - EARLY GREEK LEGAL THOUGHT 11 an effective process for achieving a fair resolution to conflict. “Straight” justice required in the first place a process for hearing the pleas of both litigants—a requirement summed up in the maxim attributed to Hesiod but perhaps coined at a later time: “Do not judge a case before hearing both sides” (Hesiod, frag. 8 The hearing took place in a public setting, open to all members of the community, and a judge or group of judges, who were figures of authority (often kings), heard the pleas and proposed settlements.

Set an example of what a good lawgiver and king should be, for he established laws that have kept the Persian Empire to this day” (cf. 695c; Xenophon, Oec. 6). Plato here uses the Greek word nomos (law) for the Persian word dāta. Olmstead (1948, 120–33) argued that Darius promulgated a code with echoes of Hammurabi’s code, so that his legislation might have served as a conduit for much earlier Mesopotamian influence. But later scholars question the existence of a “royal code” of Darius for the entire Persian Empire (see Briant 2002, 510–11, 956–7).

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A Treatise of Legal Philosophy and General Jurisprudence: Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics by Fred D. Miller Jr., Carrie-Ann Biondi

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