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Of the Vocation of Our Age for Legislation and Jurisprudence
Savigny, Frederick Charles von. Of the Vocation of Our Age for Legislation and Jurisprudence. Translated by Abraham Hayward. London: Littlewood, [1831]. ix, [9]-192 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001041396. ISBN 1-58477-189-5. Cloth. $65. * Written in the wake of the Napoleonic Wars and the Congress of Vienna, the Vocation proposed a common legal code for the newly liberated German states, and attacked Thibaut's advocacy of a code based on natural law. Though he aimed in part to improve the administration of justice, von Savigny [1779-1861] hoped that a common legal system would serve a larger goal: the promotion of a spirit of unity among Germans.
Early Modern Natural Law in East-Central Europe
Which works and tenets of early modern natural law reached East-Central Europe, and how? How was it received, what influence did it have? And how did theorists and users of natural law in East- Central Europe enrich the pan-European discourse? This volume is pioneering in two ways; it draws the east of the Empire and its borderlands into the study of natural law, and it adds natural law to the practical discourse of this region. Drawing on a large amount of previously neglected printed or handwritten sources, the authors highlight the impact that Grotius, Pufendorf, Heineccius and others exerted on the teaching of politics and moral philosophy as well as on policies regarding public law, codification praxis, or religious toleration. Contributors are: Péter Balázs, Ivo Cerman, Karin Friedrich, Gábor Gángó, Anna Grześkowiak-Krwawicz, Knud Haakonssen, Steffen Huber, Borbála Lovas, Martin P. Schennach, and József Simon.
Portraits and Poses
Interdisciplinary and cross-cultural view on authority construction among early modern female intellectuals The complex relation between gender and the representation of intellectual authority has deep roots in European history. Portraits and Poses adopts a historical approach to shed new light on this topical subject. It addresses various modes and strategies by which learned women (authors, scientists, jurists, midwifes, painters, and others) sought to negotiate and legitimise their authority at the dawn of modern science in Early Modern and Enlightenment Europe (1600–1800). This volume explores the transnational dimensions of intellectual networks in France, Italy, Britain, the German states and the Low Countries, among others. Drawing on a wide range of case studies from different spheres of professionalisation, it examines both individual and collective constructions of female intellectual authority through word and image. In its innovative combination of an interdisciplinary and transnational approach, this volume contributes to the growing literature on women and intellectual authority in the Early Modern Era and outlines contours for future research.
Spatial and Temporal Dimensions for Legal History
http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a...
God's Economy
President Obama has signaled a sharp break from many Bush Administration policies, but he remains committed to federal support for religious social service providers. Like George W. Bush's faith-based initiative, though, Obama's version of the policy has generated loud criticism - from both sides of the aisle - even as the communities that stand...
The Cambridge History of Eighteenth-Century Political Thought
Publisher description
The Philosophy of Positive Law
In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.
Natural Law and Laws of Nature in Early Modern Europe
This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.
