A treatise of legal philosophy and general jurisprudence. Volume 8 : a history of the philosophy of law in the common law world, 1600-1900 / Michael Lobban.

Format:

Book

Author/Creator:

Lobban, Michael, author.

Series:

Treatise of legal philosophy and general jurisprudence.

Treatise of legal philosophy and general jurisprudence

Language:

English

Subjects (All):

Common law--History.

Common law.

Jurisprudence.

Law--Philosophy--History.

Law.

Physical Description:

1 online resource (271 pages)

Edition:

1st ed.

Place of Publication:

Dordrecht, The Netherlands : Springer Science+Business Media, [2016]

Summary:

Volume 8, the third of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a history of legal philosophy in common-law countries from the 17th to the 19th century.Its main focus (like that of Volume 9) is on the ways in which jurists and legal philosophers thought about law and legal reasoning.

Contents:

Cover

Title page

Copyright page

Table of Contents

A Note on the Author

Preface

Chapter 1 - Precursors

1.1. The Age of Bracton

1.2. The Age of Fortescue

1.2.1. Fortescue on the Constitution of England

1.2.2. Fortescue on the Nature of Law

1.3. Christopher St. German

1.3.1. St. German on the Grounds of the Law of England

1.3.2. St. German on the Power of Parliament

1.3.3. Law, Conscience, and Equity in St. German's Thought

1.4. Equity, Common Law, and Statute under the Later Tudors

Chapter 2 - The Age of Sir Edward Coke

2.1. Common Law Reasoning in the Early Seventeenth Century

2.2. The Common Law and Legislation

2.3. The Common Law and the Crown

2.4. Common Law and Equity

Chapter 3 - The Age of Selden and Hale

3.1. The Positivism of Selden and Hale

3.2. Hooker, Selden, and Hale on the Source of Political Authority

3.3. Constitutional Theories in the Civil War

3.3.1. Philip Hunton and the Mixed Monarchy

3.3.2. Henry Parker and Parliamentary Absolutism

3.3.3. Thomas Hobbes and the Sovereign State

3.3.4. Hale and the Revival of Common Law Constitutionalism

3.4. Thomas Hobbes's Challenge to the Common Law

3.5. History, Custom, and Authority in Selden and Hale

Chapter 4 - The Age of Blackstone and Kames

4.1. Challenging the Common Law: Sidney, Locke, and Popular Sovereignty

4.2. Common Law Constitutionalism Reasserted: Blackstone and the GloriousRevolution

4.3. Natural Law and Authority in Blackstone's Thought

4.4. Blackstone and Judicial Reasoning

4.5. Scottish Legal Literature before Kames

4.6. The Natural Jurisprudence of Lord Kames

4.7. Kames's Theory of Obligations

Chapter 5 - The Age of the Federalists

5.1. The Common Law Mind and the American Revolution

5.2. The Federalist Idea of a Constitution.

5.3. Early Ideas on Judicial Review

5.4. The Supreme Court under John Marshall

5.5. Federalist Jurisprudence

Chapter 6 - The Age of Bentham and Austin

6.1. Jeremy Bentham on the Foundations of Law

6.2. Bentham's Critique of the Common Law

6.3. Bentham's Code

6.4. The Foundations of John Austin's Jurisprudence

6.5. Austin and Common Law Reasoning

6.6. Austin's Analytical Jurisprudence

Chapter 7 - The Age of Maine and Holmes

7.1. The Early Career of Sir Henry Maine

7.2. Ancient Law

7.3. After Ancient Law

7.4. The Rise of Formalism in America

7.5. The Early Work of Oliver Wendell Holmes

7.6. Holmes's The Common Law

7.7. Holmes's Later Work

Conclusion

Bibliography

Index of Subjects

Index of Names.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

Other Format:

Print version: Lobban, Michael A Treatise of Legal Philosophy and General Jurisprudence

ISBN:

94-024-0913-0

OCLC:

1321803019