The jurists : a critical history / James Gordley.

Format:

Book

Author/Creator:

Gordley, James.

Language:

English

Subjects (All):

Law--Europe--History.

Law.

Law--Europe--Interpretation and construction--History.

Lawyers--Europe--History.

Lawyers.

Physical Description:

1 online resource (2242 p.)

Place of Publication:

Oxford : Oxford University Press, 2014.

Language Note:

English

Summary:

The book is an intellectual history of the work of Western jurists from ancient Rome to the present. It discusses the Roman jurists, the medieval civilians and canon lawyers, the late scholastics, the natural law schools of the 17th and 18th centuries, the positivism and conceptualism of the 19th century and its influence on common law, and the reaction against conceptualism since the late 19th century. Rarely have jurists worked alone. Rather, they have worked in schools, each of which pursued a different project. The projects of the jurists had one element in common: they were attempts to un

Contents:

Cover; Title Page; Copyright Page; Dedication Page; Contents; Prologue; I Ius Civile: The Roman Jurists; Origins; Method; Roman law and Greek philosophy; Roman law and later civil law; Roman law and common law; II Ius Commune: The Medieval Jurists; I The civilians; Origins; Method; ii The canonists; Origins; A similar method, different authorities; The interaction of civil and canon law; The external and the internal forum; III Ius et Iustitia: The Late Scholastics; Origins; Commutative justice and private law; The late scholastics and Roman law; The development of international public law

The late scholastics and canon lawThe late scholastics and metaphysics; IV De Iure Civile in Artem Redigendo: The Humanist Ideal; i Studia humanitatis: the Renaissance humanists; ii Mos gallicus: the French humanists; V Ius Naturae et Gentium: The Iusnaturalists; VI Droit Civil Français: The French Alternative; i Droit civil selon l'ordre naturel; ii Code civil; VII Usus Modernus Pandectarum: The German-Dutch Alternative; VIII Mos Geometricus: The Coming of Rationalism; An innovation in metaphysics; An innovation in method; An innovation in principle; Conclusion

IX Novus Ordo: Positivism and ConceptualismPositivism; L'école de l'exégèse in France; Pandektenrecht in Germany; Anglo-American common law; Conceptualism; International law; Private law; X Ubinam Gentium Sumus? After Positivism and Conceptualism; The revolt; The appeal to intuition; The evaluation of interests; The appeal to social purpose: abus de droit; The appeal to the social sciences; Whither?; Index; Footnotes

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-176828-6

0-19-100382-4

0-19-100381-6

OCLC:

863822888