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The Methodology of Maurice Hauriou
This book shows that Hauriou¿s positivist and pragmatic jurisprudence and social theory, as well as their application to the study of institutions, is satisfactorily supported by his idealistic philosophy. The nine chapters first locate Hauriou¿s influences, then situate his disciplinary methodologies within methodology in general. The central chapters concern each of the three methodologies in turn.
The French Institutionalists: Maurice Hauriou, Georges Renard, Joseph T. Delos
In tracing the evolution of the institutional conception of positive law, this volume makes an important contribution to the study of positive law. It also provides the first extensive translation of important writings on the theory of the institution, which has had continuing influence in France but has been known only by repute in English-speaking countries. Supplementing the selections from the most significant works of Hauriou, Renard, and Delos are critiques that provide a contemporary focus to institutionalist thought. They include pieces by the noted jurists Jean Brèthe de la Gressaye, André Hauriou (the son), François and Bernard Geny, and Marcel Waline, as well as a retrospective essay prepared by Delos especially for this volume. The writings themselves range over a number of areas--sociology, psychology, law, and philosophy--and they cover such subjects as juridical method, public law, individual rights and the state, Hauriou's famous "Notes" on decisions of the Conseil d'Etat, natural law, and the social order.
Tradition in Social Science
Preliminary Material -- THE OBJECT AND METHOD OF SOCIAL SCIENCE -- THE OBJECTIVE ELEMENTS OF PROGRESS -- THE PROBLEM OF CONDUCT -- EVOLUTION IN PROGRESS -- SOCIAL SPACE -- SOCIAL FABRICS -- POLITICAL UNITY -- CONCLUSION -- NOTES -- BIBLIOGRAPHY -- ANALYTICAL TABLE OF CONTENTS -- COUNTEREVOLUTION -- A FRAGMENT ON EVOLUTION AND COUNTEREVOLUTION IN THEIR THEOLOGICAL SENSE -- ABOUT THE AUTHOR AND TRANSLATOR -- INDEX -- VIBS.
The Philosophy of Law
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
The French State in Question
This book demonstrates the importance of legal theory and the idea of the state in French political culture.
French Administrative Law and the Common-law World
Schwartz provides a masterly exposition of administrative law through a comparative study of the French droit administratif, arguably the most sophisticated Continental model. As Vanderbilt points out in his introduction, this is an important field that involves much more than administrative procedure. It deals directly with some of the most crucial issues of modern government regarding the distribution of power between governmental units, the resulting effect on the freedom of the individual and on the strength and stability of the state. Reprint of the sole edition. "[T]his book represents a significant achievement.... Unlike so many volumes that roll off the press these days, it fills a r...
The Legal Order
First published in 1917, with a second edition in 1948, this is the first English translation of Santi Romano’s classic work, The Legal Order. The focus is on the notion of institution, which Romano considers the core and distinguishing feature of law. The Legal Order offers precious insights for a thorough rethinking of state-based models of law.
The Legal Theory of Carl Schmitt
The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.
Carl Schmitt's Institutional Theory
Offers an ambitious, novel view of Carl Schmitt, providing a comprehensive, unified account of his legal and political thinking.
