Rational Individualism: The Perennial Philosophy of Legal InterpretationRodopi, 1995 - 298 Seiten This book is a study of the theory of legal interpretation that underlies the legal systems of Europe, England, and the United States. The principles of interpretive jurisprudence are traced through Greek and Latin philosophers and legal theorists and Renaissance Italian glossators and commentators. In addressing human nature, these principles have a self-sustaining logical integrity. They are defensible as a worthy tradition of legal respect for the value of the individual. |
Inhalt
| 1 | |
| 29 | |
THREE The Reconstruction of Roman Jurisprudence | 59 |
FOUR The Continental Tradition | 89 |
1 | 98 |
Renaissance Treatises on Interpretation | 109 |
Humanists Nationalists and Vernacular Codes | 115 |
FIVE The AngloAmerican Tradition | 125 |
SIX Philosophical Implications of the Tradition | 165 |
SEVEN The Rational Strength of the Tradition | 195 |
EIGHT Contemporary Issues | 223 |
Bibliography | 257 |
Latin Texts of the Glosses | 269 |
About the Author | 279 |
Index | 287 |
Andere Ausgaben - Alle anzeigen
Rational Individualism: The Perennial Philosophy of Legal Interpretation Roger Simonds Eingeschränkte Leseprobe - 1995 |
Rational Individualism: The Perennial Philosophy of Legal Interpretation Roger T. Simonds Eingeschränkte Leseprobe - 2022 |
Häufige Begriffe und Wortgruppen
abrogate according Accursius actually ambiguity Amendment applied argument Aristotle authority Bartolus canon law Celsus century Chancery cited civil classical clause Code common law conflict consistency principle Constitution contract Corpus iuris Corpus iuris civilis courts custom Digest distinction doctrine earlier Edited effectiveness principle emperor English equity established example exemplum fact follow gloss glossators Hence hermeneutic human idea imperial important infra intent interpretive jurisprudence iure judicial jurists justice Justinian Justinian's language lawyers legal instruments legal interpretation legal literature legal positivism legal system legal theory legal tradition leges legis legislation libro literal logical meaning metaphysics modern moral natural law notion opinion Papinian particular perennial philosophy person philosophy political possible practical problem provisions purpose quae question quod radical reason Roman law rule says sense statute sunt teleological things thought tion topic treatises Tribonian Ulpian University Press valid words written law
Beliebte Passagen
Seite 216 - The Labour of his Body, and the Work of his Hands, we may say, are properly his. Whatsoever then he removes out of the State that Nature hath provided, and left it in, he hath mixed his Labour with, and joyned to it something that is his own, and thereby makes it his Property.
Seite 158 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Seite 234 - ... fetter and degrade the state governments by subjecting them to the control of Congress...
Seite 46 - Quod principi placuit legis habet vigorem: utpote cum lege regia, quae de imperio eius lata est, populus ei et in eum omne suum imperium et potestatem conferat...
Seite 216 - ... to it something that is his own, and thereby makes it his property. It being by him removed from the common state nature placed it in, it hath by this labour something annexed to it that excludes the common right of other men. For this labour...
Seite 17 - When the law speaks universally, then, and a case arises on it which is not covered by the universal statement, then it is right, where the legislator fails us and has erred by over-simplicity, to correct the omission — to say what the legislator himself would have said had he been present, and would have put into his law if he had known.
Verweise auf dieses Buch
Facts, Values, and Methodology: A New Approach to Ethics Wim J. van der Steen Eingeschränkte Leseprobe - 1995 |