Interpretation Of Law In The Age Of Enlightenment

Author: Yasutomo Morigiwa
Publisher: Springer Science & Business Media
ISBN: 9789400715066
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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.

Legal Lexicography

Author: Máirtín Mac Aodha
Publisher: Routledge
ISBN: 1317106180
Size: 80.12 MB
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Legal lexicography or jurilexicography is the most neglected aspect of the discipline of jurilinguistics, despite its great relevance for translators, academics and comparative lawyers. This volume seeks to bridge this gap in legal literature by bringing together contributions from ten jurisdictions from leading experts in the field. The work addresses aspects of legal lexicography, both monolingual and bilingual, in its various manifestations in both civilian and common law systems. It thus compares epistemic approaches in a subject that is inextricably bound up with specific legal systems and specific languages. Topics covered include the history of French legal lexicography, ordinary language as defined by the courts, the use of law dictionaries by the judiciary, legal lexicography and translation, and a proposed multilingual dictionary for the EU citizen. While the majority of contributions are in English, the volume includes three written in French. The collection will be a valuable resource for both scholars and practitioners engaging with language in the mechanism of the law.

Current Issues In Korean Law

Author: Laurent Mayali
Publisher: Robbins Collection
ISBN: 9781882239221
Size: 41.29 MB
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This volume is the first in a series of comparative studies that focuses on Korea's legal system and its political institutions under the sponsorship of the Korea Law Center at UC Berkeley Law School. Korea has experienced an astonishing pace of legal reforms within an interval of two generations. The collapse of the authoritarian regime started an irreversible process of democratization that has not yet completed its full course. The papers included in this volume cast new lights on the challenges and institutions that define the substance and the structure of current legal reforms. Although it is not the purpose of this volume to provide a comprehensive report on the current state of Korean law, the selective range of the themes is not a simple happenstance. It is representative of the current political debate which echoes the Korean society's determination to resolve the paradoxes of its legal tradition and overcome the trials of its democratic aspirations.

A Discourse Upon The Origin And The Foundation Of The Inequality Among Mankind

Author: Jean-Jacques Rousseau
Publisher: Cosimo, Inc.
ISBN: 1605203696
Size: 31.47 MB
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[F]rom the moment one man began to stand in need of another's assistance; from the moment it appeared an advantage for one man to possess the quantity of provisions requisite for two, all equality vanished; property started up; labour became necessary; and boundless forests became smiling fields, which it was found necessary to water with human sweat, and in which slavery and misery were soon seen to sprout out and grow with the fruits of the earth. -from "Second Part" Was man better off before he invented "civil society"? From where does social inequality spring? Did the development of agriculture and technology doom most of humanity to an everlasting enslavement to the tiny minority of the wealthy and the strong? This 1754 essay, written in response to concepts of the "natural man" developed by philosopher Thomas Hobbes, explores such ideas, radical at the time and still considered such today. Rousseau's thoughts continue to be echoed, however, in modern philosophical movements from feminism to environmentalism, and ensure that his examination of the history of human civilization, in its broadest sense, remains vital today. Swiss philosopher JEAN-JACQUES ROUSSEAU (1712-1778) was a dramatic influence on the French revolution, 19th-century communism, the American Founding Fathers, and much modern political thought. His works include Discourse on the Arts and Sciences (1750), Discourse on Political Economy (1755), and The Social Contract, Or Principles of Political Right (1762).

Rameau S Nephew D Alembert S Dream

Author: Denis Diderot
Publisher: Penguin UK
ISBN: 0141907835
Size: 12.28 MB
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One of the key figures of the French Enlightenment, Denis Diderot was a passionate critic of conventional morality, society and religion. Among his greatest and most well-known works, these two dialogues are dazzling examples of his radical scientific and philosophical beliefs. In Rameau's Nephew, the eccentric and foolish nephew of the great composer Jean-Philippe Rameau meets Diderot by chance, and the two embark on a hilarious consideration of society, music, literature, politics, morality and philosophy. Its companion-piece, D'Alembert's Dream, outlines a material, atheistic view of the universe, expressed through the fevered dreams of Diderot's friend D'Alembert. Unpublished during his lifetime, both of these powerfully controversial works show Diderot to be one of the most advanced thinkers of his age, and serve as fascinating testament to the philosopher's wayward genius.

The Ideal Element In Law

Author: Roscoe Pound
Publisher:
ISBN: 9780865973251
Size: 77.75 MB
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Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Lectures On The Relation Between Law And Public Opinion In England During The Nineteenth Century

Author: Albert Venn Dicey
Publisher: Routledge
ISBN: 1351509195
Size: 67.64 MB
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The famed 1914 edition of this classic is one of the small handful of works that deserve to be read by Americans to understand the 1980s. Indeed, the final three chapters, describing the decline of will and consensus in late Victorian England, stand as a stark, unmistakable reminder that such national decline can happen again. Dicey was the most influential constitutional authority in late Victorian and Edwardian Britain. Modern politicians have often invoked the phrase "rule of law." So commonplace has it become that few recognize its source in the work of Dicey. Law and Public Opinion in England is written with simplicity, wit and a sense of purpose that marks it as a book apart. It did much more than fortell the decline of empire, it developed the forms in which such decline comes about. In many ways this book represents a pioneering statement on the libertarian tradition as a consequence of rather than rebellion against the legal norms of an advanced civilization. This is a central book for students of society and politics alike.