Enlightenment, Legal Education, and Critique

Enlightenment, Legal Education, and Critique

Author: John W Cairns

Publisher: Edinburgh University Press

Published: 2015-07-27

Total Pages: 458

ISBN-13: 0748682155

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Enlightenment, Legal Education, and Critique deals with broad themes in Legal History, such as the development of Scots Law through the major legal thinkers of the Enlightenment, essays on Roman law and miscellaneous essays on the literary and philosophic


Natural Law Theories in the Early Enlightenment

Natural Law Theories in the Early Enlightenment

Author: T. J. Hochstrasser

Publisher: Cambridge University Press

Published: 2000-09-14

Total Pages: 270

ISBN-13: 1139435302

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This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human sociability and reason, fostering a new methodology in German philosophy. This book assesses the first histories of political thought since ancient times, giving insights into the nature and influence of debate within eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, Natural Law Theories in the Early Enlightenment will be of great interest to scholars in history, political thought, law and philosophy.


Law, Lawyers, and Humanism

Law, Lawyers, and Humanism

Author: John W Cairns

Publisher: Edinburgh University Press

Published: 2015-07-27

Total Pages: 540

ISBN-13: 0748682112

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This collection brings together a selection of the most cited articles published by Professor John W. Cairns. Essays range from Scots Law from 16th and 17th century Scotland, through to the 18th century influence of Dutch Humanism into the 19th century, a


Philosophy, Rights and Natural Law

Philosophy, Rights and Natural Law

Author: Ian Hunter

Publisher: Edinburgh University Press

Published: 2019-01-22

Total Pages: 384

ISBN-13: 1474449247

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Over his long and illustrious career, Knud Haakonssen has explored the role of natural law in formulating doctrines of obligation and rights in accordance with the interests of early modern polities and churches. The essays collected in this volume range across this exciting and contested field. These 13 new essays acknowledge Haakonssen's immense academic achievement and give us new insights into the cultural and political role of law and rights in a variety of historical contexts and circumstances.


Contract Before the Enlightenment

Contract Before the Enlightenment

Author: Stephen Bogle

Publisher: Oxford University Press

Published: 2023

Total Pages: 305

ISBN-13: 0192884964

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This volume provides the first in-depth intellectual history of the contractual thought of Viscount Stair, a pivotal figure in the shaping of Scots Law. It traces the key influences from theology, philosophy, and natural law that through Stair contributed to a distinct approach to legal thought in Scotland.


Transforming Legal Education

Transforming Legal Education

Author: Paul Maharg

Publisher: Ashgate Publishing, Ltd.

Published: 2007

Total Pages: 364

ISBN-13: 9780754649700

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Maharg presents a critical inquiry into the identity and possibilities of legal education, and an exploration of transformational alternatives to our current theories and practices of teaching and learning the law. This book analyses and challenges curren


Interpretation of Law in the Age of Enlightenment

Interpretation of Law in the Age of Enlightenment

Author: Yasutomo Morigiwa

Publisher: Springer Science & Business Media

Published: 2011-06-29

Total Pages: 198

ISBN-13: 9400715064

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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.


Early Modern Natural Law Theories

Early Modern Natural Law Theories

Author: T. Hochstrasser

Publisher: Springer Science & Business Media

Published: 2013-06-29

Total Pages: 350

ISBN-13: 9401703914

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This collection offers a timely opportunity to re-examine both the coherence of the concept of an ‘early Enlightenment’, and the specific contribution of natural law theories to its formation. It reassesses the work of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius, and evaluates the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside.


Natural Law and Moral Philosophy

Natural Law and Moral Philosophy

Author: Knud Haakonssen

Publisher: Cambridge University Press

Published: 1996-02-23

Total Pages: 404

ISBN-13: 9780521498029

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Providing the most comprehensive guide to modern natural law theory available, this major contribution to the history of philosophy sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment.