The Nature of the Law and Related Legal Writings

The Nature of the Law and Related Legal Writings

Author: Eric Voegelin

Publisher: University of Missouri Press

Published: 1991

Total Pages: 154

ISBN-13: 9780807116739

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During the course of his lifelong, wide-ranging reflections on history and philosophy, Eric Voegelin naturally was drawn to speculate on the nature of law. This volume consists of many of Voegelin's significant writings in this area, most notably the previously unpublished The Nature of the Law. Voegelin completed The Nature of the Law in 1957 while he was a member of the political science faculty of Louisiana State University and teaching a course in jurisprudence at the university's law school. In it he undertakes a philosophical analysis of the law to determine its nature, or essence, and comes to the conclusion that the law does not exist as a discrete entity but instead constitutes the structure of a society. The law, as Voegelin's analysis reveals, is not simply the command of a Leviathan handed down to others. Nor is it simply the result of a social compact among autonomous individuals or the expressed will of a majority securing its own self-defined, immediate worldly interest. It is rather a part of the order that a society discovers and specifies for itself in the effort to secure the common good. Thus laws and legal order have an integral relation with the society that declares them, for in declaring laws the society in some sense structures itself. Also included in this volume is Voegelin's detailed outline for the jurisprudence course he taught at LSU from 1954 to 1957. The outline was distributed to Voegelin's students but otherwise has not been published. In this outline Voegelin is concerned more with the criteria for legal order than he is with the nature of law. Voegelin also prepared for his jurisprudence course supplementary notes that are essentially a compact statement of his views on the law, and the editors have included those notes here. Finally, the book contains reviews, written by Voegelin in 1941 and 1942, of four books on legal science and legal philosophy.


Selected Correspondence 1950-1984

Selected Correspondence 1950-1984

Author: Eric Voegelin

Publisher: University of Missouri Press

Published: 2007

Total Pages: 954

ISBN-13: 0826216722

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Voegelin's Munich years, while not without controversy, can be seen as the most successful time in his life, as well as his most creative and prolific as a political philosopher. During that time, Voegelin worked on volume IV of Order and History, and the letters written to successive directors of the Louisiana State University Press, as well as to friends and colleagues, give a vivid account of the changing nature of this seminal project. Voegelin's letters written between 1969 and 1984 provide compelling evidence of the intellectual vigor that characterized his work throughout his life and continued virtually undiminished until the last weeks before his death. Voegelin's realism, his sharp wit, and his superbly developed sense of irony remain evident in the correspondence throughout all these years.


Selected Book Reviews

Selected Book Reviews

Author: Eric Voegelin

Publisher: University of Missouri Press

Published: 2001

Total Pages: 225

ISBN-13: 082626395X

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"This volume of The Collected Works contains essays published by Eric Voegelin between 1929 and 1933, the period between the publication of his first book, On the Form of the American Mind, and Hitler's rise to power, as well as Voegelin's two books analyzing the explosive race issues posed by National Socialism. The essays herein reflect the intellectual and political tumult of the period and their author's maturing grasp of political reality as he moved away from positivism and Kelsen's "Pure Theory of Law" toward a more refined and open philosophical stance. The heart of this shift is signaled by his emphasis on philosophical anthropology and on the decisive importance of the moral substance basic to political communities." "The topics of the essays are grouped around major themes in sociological theory, political science, and the theory of law. They illuminate the theoretical and practical impact of Voegelin's experiences in America as he increasingly engages European theories of state, especially the social theories of leading French and German scholars. In content, these essays include such pragmatic concerns as American theories of property, economic transactions, due process of law, and Austrian constitutional reforms." --Book Jacket.


The Theory of Governance and Other Miscellaneous Papers, 1921-1938

The Theory of Governance and Other Miscellaneous Papers, 1921-1938

Author: Eric Voegelin

Publisher: University of Missouri Press

Published: 2003

Total Pages: 537

ISBN-13: 0826264573

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This first of two volumes of Voegelin's miscellaneous papers brings together crucial writings, published for the first time, from the early, formative period of this scholar's thought. The book begins with Voegelin's dissertation on sociological method, completed under the direction of Othmar Spann and Hans Kelsen at the University of Vienna in 1922. It reveals an intimate knowledge of the writings of Georg Simmel and a skillful use of insights gained from Edmund Husserl's Logical Investigations and Ideas. The dissertation, and other smaller pieces written at this time, addresses problems that remained of great importance to Voegelin throughout his life: the relation of insight to language, the structure of the human being, and the human's spiritual center. They disclose both Voegelin's theoretical reference points during these early years, including the thought of Henri Bergson, Othmar Spann, Georg Simmel, and Edmund Husserl, as well the young scholar's remarkably independent approach to theoretical problems. Moreover, this volume includes a work that is fundamental to an understanding of Voegelin's theoretical development: his extended study on the "theory of governance," written between 1930 and 1932. It follows the issues that confront political society to their roots in the soul and in the soul's relationship to the ground of being. The Theory of Governance and Other Miscellaneous Papers presents a meditative-exegetic study of texts from Augustine, Descartes, and Husserl, early examples of the meditations that became central to Voegelin's later work. Other essays included in this volume such as "Theory of Law" and "Political Theory as Human Science" develop these theoretical insights and refine Voegelin's methodological tools. This volume will be of interest to all scholars of the work of Eric Voegelin and of the refoundation of political philosophy in the twentieth century in general.