A Dialogue Between a Philosopher and a Student of the Common Laws of England
A Dialogue Between a Philosopher and a Student of the Common Laws of England

Author: Thomas Hobbes

Publisher: University of Chicago Press

Published: 1997-05

Total Pages: 180

ISBN-13: 9780226345413

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This little-known late writing of Hobbes reveals an unexplored dimension of his famous doctrine of sovereignty. The essay was first published posthumously in 1681, and from 1840 to 1971 only a generally unreliable edition has been in print. This edition provides the first dependable and easily accessible text of Hobbes's Dialogue. In the Dialogue, Hobbes sets forth his mature reflections of the relation between reason and law, reflections more "liberal" than those found in Leviathan and his other well-known writings. Hobbes proposes a separation of the functions of government in the interest of common sense and humaneness without visibly violating his dictum that the sharing or division of sovereignty is an absurdity. This new edition of the Dialogue is a significant contribution to our understanding of seventeenth-century political philosophy. "Hobbes students are indebted to Professor Cropsey for this scholarly and accessible edition of Dialogue."—J. Roland Pennock, American Political Science Review "An invaluable aid to the study of Hobbes."—Review of Metaphysics

Philosophy of Law as an Integral Part of Philosophy
Philosophy of Law as an Integral Part of Philosophy

Author: Thomas Bustamante

Publisher: Bloomsbury Publishing

Published: 2020-12-24

Total Pages: 256

ISBN-13: 1509933905

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This edited collection considers the work of one of the most important legal philosophers of our time, Professor Gerald J Postema. It includes contributions from expert philosophers of law. The chapters dig deep into important camps of Postema's rich theoretical project including: - the value of the rule of law; - the ideal of integrity in adjudication; - his works on analogical reasoning; - the methodology of jurisprudence; - dialogues with Ronald Dworkin, Joseph Raz, Frederick Schauer and HLA Hart. The collection includes an original article by Professor Postema, in which he develops his conception of the rule of law and replies to some objections to previous works, and an interview in which he provides a fascinating and unique insight into his philosophy of law.

Handbook of the History of the Philosophy of Law and Social Philosophy
Handbook of the History of the Philosophy of Law and Social Philosophy

Author: Gianfrancesco Zanetti

Publisher: Springer Nature

Published: 2023-04-03

Total Pages: 371

ISBN-13: 3031195426

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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.

The Language of Law and the Foundations of American Constitutionalism
The Language of Law and the Foundations of American Constitutionalism

Author: Gary L. McDowell

Publisher: Cambridge University Press

Published: 2010-06-28

Total Pages: 429

ISBN-13: 1139488112

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For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it.

The Bloomsbury Companion to Hobbes
The Bloomsbury Companion to Hobbes

Author: S.A. Lloyd

Publisher: A&C Black

Published: 2013-01-03

Total Pages: 345

ISBN-13: 1441190457

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Thomas Hobbes (1588-1679) is widely held to be one of the most important thinkers in the history of philosophy. His contributions to ethics, political philosophy and psychology in particular were hugely innovative and he was regarded by his contemporaries as a major intellectual figure. This comprehensive and accessible guide to Hobbes's life and work features 120 specially commissioned entries written by a team of leading experts in the field of seventeenth-century philosophy and political thought, covering every aspect of Hobbes's ideas. The Companion presents a comprehensive overview of the major themes and topics in Hobbes's work, in particular within the fields of language, political philosophy, moral philosophy and psychology, religion, law and science. It concludes with a thoroughly comprehensive bibliography of primary and secondary sources. This is an essential reference tool for anyone working in the fields of seventeenth-century philosophy and political theory.

Hobbes and the Law of Nature
Hobbes and the Law of Nature

Author: Perez Zagorin

Publisher: Princeton University Press

Published: 2009-12-06

Total Pages: 191

ISBN-13: 0691139806

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Zagorin clears up numerous misconceptions about Hobbes and his relation to earlier natural law thinkers, in particular Hugo Grotius, and he reasserts the often overlooked role of the Hobbesian law of nature as a moral standard from which even sovereign power is not immune. Because Hobbes is commonly thought to be primarily a theorist of sovereignty, political absolutism, and unitary state power, the significance of his moral philosophy is often underestimated and widely assumed to depend entirely on individual self-interest. Zagorin reveals Hobbes's originality as a moral philosopher and his importance as a thinker who subverted and transformed the idea of natural law."--Pub. desc.

A Treatise of Legal Philosophy and General Jurisprudence
A Treatise of Legal Philosophy and General Jurisprudence

Author: Damiano Canale

Publisher: Springer Science & Business Media

Published: 2009-08-11

Total Pages: 763

ISBN-13: 9048129648

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TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600–1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600–1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers’ philosophy of law (let us refer to this philosophy as A).

Hobbes on Legal Authority and Political Obligation
Hobbes on Legal Authority and Political Obligation

Author: Luciano Venezia

Publisher: Springer

Published: 2015-09-01

Total Pages: 260

ISBN-13: 113749025X

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Hobbes on Legal Authority and Political Obligation develops a new interpretation of Hobbes's theory of political obligation. According to the account developed in the book, the directives issued by the sovereign as introducing authoritative requirements, so that subjects are morally obligated to obey them.