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The Theory of Justice
Here the noted German philosopher disputes the historical and natural schools of jurisprudence and advocates a philosophical approach to law. In addition to Stammler's text, the volume includes the translator's introduction which outlines the basis of Stammler's theory, an appendix which contains an essay on Stammler's critical system by Francois Geny and "Stammler and his Critics" by John C.H. Wu.
The Law of Obligations
This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.
Critique of Stammler
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Jurisprudence
v. 1. Jurisprudence. The end of law -- v. 2. The nature of law -- v. 3. The scope and subject matter of law. Sources, forms, modes of growth -- v. 4. Application and enforcement of law. Analysis of general juristic conceptions -- v. 5. The system of law.
The Changing Profile of the Natural Law
This work approaches international law as more than merely information contained in international legal norms, & does not view international law as a body of objective & binding normative commands. As 'legal knowledge', international law encompasses rules, practices & the expectations actors derive through legal reasoning from conventional legal rules, customary norms, international adjudication, & international legal theory. The study is in three parts. Part I constructs a framework to analyze the effectiveness of international law to influence decision-making within conflict resolution processes. Drawing on the contending approaches of the New Haven School of International Law & its rivals...
On Law and Justice
Ross, Alf. On Law and Justice. Berkeley: University of California Press, 1959. xi, 383 pp. Reprint available December 2004 by the Lawbook Exchange, Ltd. ISBN 1-58477-488-6. Cloth. $90. * In this influential and oft-cited study Ross discounted the theories of natural law, positivism and legal realism. In their stead, he proposed the abandonment of "ought-propositions" for the "is-propositions" employed by other empirical sciences, thereby envisioning lawyers that serve merely as "rational technologists." Less bound by tradition, and traditional notions of justice, jurisprudence then becomes "not only a beautiful mental activity per se, but also an instrument which may benefit any lawyer who wants to understand what he is doing and why" (Preface).
German Political Philosophy
This book combines philosophical, intellectual-historical and political-theoretical methodologies to provide a new synoptic reading of the history of German political philosophy. Incorporating chapters on the political ideas of Luther and Zwingli, on the politics of the early Enlightenment, on Idealism, on Historicism and Lukács, on early Twentieth-Century political theology, on the Frankfurt School, and on Habermas and Luhmann, the book sets out both a broad and a detailed discussion of German political reflection from the Reformation to the present. In doing so, it explains how the development of German political philosophy is marked by a continual concern with certain unresolved and recurrent problems. It claims that all the major positions address questions relating to the origin of law, that all seek to account for the relation between legal validity and metaphysical and theological superstructures, and that all are centred on the attempt to conceptualise and reconstruct the character of the legal subject.
Handbook of the History of the Philosophy of Law and Social Philosophy
This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.
Left-Kantianism in the Marburg School
Widmer sheds light on a neglected aspect of the Western philosophical tradition. Following an era of Hegelianism, the members of the neo-Kantian "Marburg School," such as Friedrich Albert Lange, Hermann Cohen, Rudolf Stammler, Paul Natorp, and Ernst Cassirer defended socialism or left-wing ideals on Kantian principles. In doing so, Widmer breaks with two mistaken assumptions. First, Widmer demonstrates that the left-Hegelian and Marxist traditions were not the only significant philosophical sources of socialist critique in nineteenth-century Germany, as the left-Kantians identified problems of normativity that the left-Hegelians could not adequately address. Second, Widmer challenges the prevailing assumption that the political philosophies developed in the Marburg School can be comprehensively characterized as a unified school of "ethical socialism." By showing that they varied fundamentally regarding their political views and their philosophical foundations of socialism, Widmer fills a gap in the studies of neo-Kantianism that is long overdue.
Toward the Critique of Violence
Marking the centenary of Walter Benjamin's immensely influential essay, "Toward the Critique of Violence," this critical edition presents readers with an altogether new, fully annotated translation of a work that is widely recognized as a classic of modern political theory. The volume includes twenty-one notes and fragments by Benjamin along with passages from all of the contemporaneous texts to which his essay refers. Readers thus encounter for the first time in English provocative arguments about law and violence advanced by Hermann Cohen, Kurt Hiller, Erich Unger, and Emil Lederer. A new translation of selections from Georges Sorel's Reflections on Violence further illuminates Benjamin's ...
