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

By Enrico Pattaro, Corrado Roversi

A Treatise of criminal Philosophy and normal Jurisprudence is the first-ever multivolume remedy of the problems in felony philosophy and common jurisprudence, from either a theoretical and a historic viewpoint. The paintings is geared toward jurists in addition to felony and sensible philosophers. Edited by means of the popular theorist Enrico Pattaro and his group, this ebook is a classical reference paintings that might be of significant curiosity to criminal and useful philosophers in addition to to jurists and criminal student in any respect degrees. The paintings is split in elements. The theoretical half (published in 2005), inclusive of 5 volumes, covers the most subject matters of the modern debate; the old half, which include six volumes (Volumes 6-8 released in 2007; Volumes nine and 10, released in 2009; quantity eleven released in 2011 and quantity 12 imminent in 2016), debts for the advance of felony proposal from historical Greek instances during the 20th century.

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

Volume 12 of A Treatise of criminal Philosophy and basic Jurisprudence, titled felony Philosophy within the 20th Century: The Civil-Law global, services as a supplement to Gerald Postema’s quantity eleven (titled criminal Philosophy within the 20th Century: the typical legislations World), and it deals the 1st complete account of the advanced improvement that criminal philosophy has passed through in continental Europe and Latin the United States because 1900. during this quantity, prime overseas students from the several language parts making up the civil-law international supply an account of ways criminal philosophy has developed in those parts within the twentieth century, the end result being an total mosaic of civil-law felony philosophy during this arc of time. extra, experts within the box describe the improvement that felony philosophy has gone through within the twentieth century via targeting 3 of its major subjects—namely, criminal positivism, natural-law idea, and the speculation of criminal reasoning—and discussing the various conceptions which were recommend lower than those labels. The format of the quantity is intended to border historic research with the intention to the modern theoretical debate, therefore finishing the Treatise in response to its total methodological goal, particularly, that of mixing historical past and idea as an important skill wherein to supply a complete account of jurisprudential considering.

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Additional info 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 school’s founder, Wilhelm Windelband (1848–1915), could not content himself with interpreting Kant: He wanted to go beyond Kant. Doing so meant applying the transcendental method not just to the world of nature but to that of culture. In this way, however, the Kantian method proved to be no longer adequate. The best-known work by Heinrich Rickert (1863–1936), a pupil of Windelband, is devoted to just this question, illustrating the “limits” (Grenzen) of the method of the natural sciences, whose concepts cannot explain, for example, the moral imperative of justice or the meaning and value of cultural creations in art, religion, and poetry, where what counts is the individuality of creation, not the generalization of a law of nature.

I am quite happy to devote to you these very words that Norberto Bobbio so graciously wrote to me in 1966. Enrico Pattaro PREFACE BY THE EDITORS OF VOLUME 12 With this Volume 12 (published in two tomes), this Treatise of Legal Philosophy and General Jurisprudence reaches completion. The first five volumes are devoted to theoretical problems: Volume 1, by Enrico Pattaro, thrashes out the crucial problem of the distinction between the law and the right, taking a few historical detours of considerable length along the way; Volume 2, by Hubert Rottleuthner, takes on the problem of the foundations of law; Volume 3, by Roger A.

The contributors to this volume are sixty-three. It should be borne in mind, in this respect, that under the Treatise rules, all contributors had to be native speakers of the languages spoken in the countries they were writing about, or at least they had to be so proficient in those languages as to be able to master the works in their original language. 3 Moreover, these countries are marked not only by linguistic differences but also by significant cultural ones, some of them contingent on whether or not the philosophy of law itself figures as an academic subject at university.

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