Download A Treatise of Legal Philosophy and General by Michael Lobban, Andrea Padovani, Peter G. Stein PDF

By Michael Lobban, Andrea Padovani, Peter G. Stein

A Treatise of felony Philosophy and basic Jurisprudence is the 1st ever multivolume remedy of the problems in criminal philosophy and normal jurisprudence, from either a theoretical and a historic viewpoint. The paintings is aimed toward jurists in addition to felony and functional philosophers. Edited through the popular theorist Enrico Pattaro and his workforce this e-book is a classical reference paintings that may be of significant curiosity to criminal and functional philosophers, in addition to jurists and Philosophy of Law-scholar in any respect degrees the complete paintings is split into 3 components: - The Theoretical half (published in 2005) includes five volumes and covers the most issues of latest debate. - The old half comprises 6 volumes and is scheduled to be released in the course of 2006 (volumes 6-8) and 2007 (volumes 8-11 and quantity 12 (index). The ancient volumes account for the advance of felony notion from historical Greek occasions throughout the 20th century.

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Additional info for A Treatise of Legal Philosophy and General Jurisprudence,Vol. 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century

Example text

As they worked through their “mass,” the members of the sub-committee would pick out general statements which they considered suitable for insertion in the last title. This title they then created by simply sticking together the three lists without any rearrangement of the fragments. In fact it was the peculiar order of the fragments in the title De regulis which provided the German scholar, Bluhme (1820, 257), with the clue which enabled him to work out the theory of masses which is now generally accepted.

An act must be voluntary, but consent may be nullified by force or fear or error (fr. 116). The extent to which an act done under superior orders is voluntary is the subject of fragment 4 and fragment 169. The nature of legal obligation is further expounded by rules such as that no obligation to do what is impossible is binding (fr. 185). Several fragments deal with the interpretation of wills and documents. , where there is obscurity, the course to be followed is that which is least obscure (fr.

Thus it was logical that they should appear in the will after the institution of the heir. 231). In situations in which the Proculians applied the criterion of reason, the Sabinians preferred to rely on past practice and authoritative precedents. Sabinus is said to have continually approved the opinions of the republican jurists (Dig. 3) notes that he was concerned that the antiquity of the law should be maintained. The Sabinians were prepared to tolerate with equanimity a certain level of irrationality in the law.

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