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A Treatise of Legal Philosophy and General by Michael Lobban, Andrea Padovani, Peter G. Stein PDF

By Michael Lobban, Andrea Padovani, Peter G. Stein

ISBN-10: 1402049501

ISBN-13: 9781402049507

A Treatise of felony Philosophy and basic Jurisprudence is the 1st ever multivolume therapy of the problems in felony philosophy and normal jurisprudence, from either a theoretical and a historic standpoint. The paintings is aimed toward jurists in addition to criminal and functional philosophers. Edited through the popular theorist Enrico Pattaro and his crew this publication is a classical reference paintings that may be of serious curiosity to criminal and functional philosophers, in addition to jurists and Philosophy of Law-scholar in any respect degrees the full paintings is split into 3 elements: - The Theoretical half (published in 2005) comprises five volumes and covers the most subject matters of latest debate. - The ancient half involves 6 volumes and is scheduled to be released in the course of 2006 (volumes 6-8) and 2007 (volumes 8-11 and quantity 12 (index). The historic volumes account for the improvement of criminal inspiration from historic Greek instances throughout the 20th century.

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Extra info for A Treatise of Legal Philosophy and General Jurisprudence,Vol. 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century

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Pomponius thinks not, because it is surely contra bonos mores in that it conflicts with the respect which a wife ought to show her husband. A most proper decision, but the interesting point is that what Ulpian finds elegant in this case is not Pomponius’ decision but the question itself. By putting that case, the jurist gave his readers a new insight into the scope and purpose of the rule. A question or a distinction is elegant when it pinpoints in a dramatic or subtle way the exact limits of a rule, or when it shows by a nicely chosen example that a rule is not as tidy as it seems.

Ius est ars boni et aequi. ” But in view of the Roman jurists’ wellknown reluctance to coin definitions and the fact that this is the only definition of law they have left us, it is worth looking at it more closely. It is not really as vague as it at first appears to modern ears. In the first place, bonum et aequum does not refer merely to a nebulous notion of justice. The peregrine praetor by the use of such notions as bona fides gradually built up a body of rules based on aequitas. Aequitas here connotes a social ethic derived from the common recurring experience of human life and from common moral feeling.

An infant who is not yet able to speak lacks understanding as much as does an insane person, but their position in law differs in that the infant can perform transactions tutore auctore (fr. 5). 26 TREATISE, 7 - FROM ROME TO THE SEVENTEENTH CENTURY The basic rule that what is ours cannot be transferred to another without our act is laid down in fragment 11. An act must be voluntary, but consent may be nullified by force or fear or error (fr. 116). The extent to which an act done under superior orders is voluntary is the subject of fragment 4 and fragment 169.

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A Treatise of Legal Philosophy and General Jurisprudence,Vol. 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century by Michael Lobban, Andrea Padovani, Peter G. Stein


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