Interpretation Of Law In The Age Of Enlightenment
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Author | : Yasutomo Morigiwa |
Publisher | : Springer Science & Business Media |
Total Pages | : 198 |
Release | : 2011-06-29 |
Genre | : Philosophy |
ISBN | : 9400715064 |
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.
Author | : T. Hochstrasser |
Publisher | : Springer Science & Business Media |
Total Pages | : 364 |
Release | : 2003-10-31 |
Genre | : History |
ISBN | : 1402015690 |
This collection offers a timely opportunity to re-examine both the coherence of the concept of an ‘early Enlightenment’, and the specific contribution of natural law theories to its formation. It reassesses the work of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius, and evaluates the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside.
Author | : John Robertson |
Publisher | : Oxford University Press, USA |
Total Pages | : 169 |
Release | : 2015 |
Genre | : Electronic books |
ISBN | : 0199591784 |
This introduction explores the history of the 18th-century Enlightenment movement. Considering its intellectual commitments, Robertson then turns to their impact on society, and the ways in which Enlightenment thinkers sought to further the goal of human betterment, by promoting economic improvement and civil and political justice.
Author | : Jonathan C. P. Birch |
Publisher | : Springer |
Total Pages | : 493 |
Release | : 2019-07-18 |
Genre | : History |
ISBN | : 1137512768 |
This book explores the religious concerns of Enlightenment thinkers from Thomas Hobbes to Thomas Jefferson. Using an innovative method, the study illuminates the intellectual history of the age through interpretations of Jesus between c.1650 and c.1826. The book demonstrates the persistence of theology in modern philosophy and the projects of social reform and amelioration associated with the Enlightenment. At the core of many of these projects was a robust moral-theological realism, sometimes manifest in a natural law ethic, but always associated with Jesus and a commitment to the sovereign goodness of God. This ethical orientation in Enlightenment discourse is found in a range of different metaphysical and political identities (dualist and monist; progressive and radical) which intersect with earlier ‘heretical’ tendencies in Christian thought (Arianism, Pelagianism, and Marcionism). This intellectual matrix helped to produce the discourses of irenic toleration which are a legacy of the Enlightenment at its best.
Author | : Caroline Winterer |
Publisher | : Yale University Press |
Total Pages | : 368 |
Release | : 2016-10-25 |
Genre | : History |
ISBN | : 0300224567 |
A provocative reassessment of the concept of an American golden age of European-born reason and intellectual curiosity in the years following the Revolutionary War The accepted myth of the “American Enlightenment” suggests that the rejection of monarchy and establishment of a new republic in the United States in the eighteenth century was the realization of utopian philosophies born in the intellectual salons of Europe and radiating outward to the New World. In this revelatory work, Stanford historian Caroline Winterer argues that a national mythology of a unitary, patriotic era of enlightenment in America was created during the Cold War to act as a shield against the threat of totalitarianism, and that Americans followed many paths toward political, religious, scientific, and artistic enlightenment in the 1700s that were influenced by European models in more complex ways than commonly thought. Winterer’s book strips away our modern inventions of the American national past, exploring which of our ideas and ideals are truly rooted in the eighteenth century and which are inventions and mystifications of more recent times.
Author | : I. Kant |
Publisher | : Рипол Классик |
Total Pages | : 319 |
Release | : 1908 |
Genre | : History |
ISBN | : 5876599158 |
Author | : Niall O'Flaherty |
Publisher | : Cambridge University Press |
Total Pages | : 363 |
Release | : 2019 |
Genre | : History |
ISBN | : 1108474470 |
Studies the influential tradition of 'theological utilitarianism' in the eighteenth century through the lens of William Paley's life and thought.
Author | : Immanuel Kant |
Publisher | : |
Total Pages | : 308 |
Release | : 1949 |
Genre | : Ethics |
ISBN | : |
Author | : Charles de Secondat baron de Montesquieu |
Publisher | : |
Total Pages | : 492 |
Release | : 1886 |
Genre | : Jurisprudence |
ISBN | : |
Author | : Christine Hayes |
Publisher | : Cambridge University Press |
Total Pages | : 439 |
Release | : 2017-02-17 |
Genre | : Law |
ISBN | : 1107036151 |
The Cambridge Companion to Judaism and Law provides a conceptual and historical account of the Jewish understanding of law.