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The French Institutionalists : Maurice Hauriou, Georges Renard, Joseph T. Delos / Albert Broderick.

De Gruyter Harvard University Press eBook Package Archive 1896-1999 Available online

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Format:
Book
Contributor:
Broderick, Albert, editor.
Rooney, Miriam Theresa.
Welling, Mary.
Series:
Twentieth Century Legal Philosophy Series
Twentieth Century Legal Philosophy Series ; 8
Language:
English
Subjects (All):
Jurisprudence--France.
Jurisprudence.
Law--Philosophy.
Law.
Law--Theories Readings.
POLITICAL SCIENCE / General.
Local Subjects:
Law--Philosophy.
Law--Theories Readings.
POLITICAL SCIENCE / General.
Physical Description:
1 online resource (395 p.)
Edition:
Reprint 2013
Place of Publication:
Cambridge, MA : Harvard University Press, [2014]
Language Note:
English
Summary:
In tracing the evolution of the institutional conception of positive law, this volume makes an important contribution to the study of positive law. It also provides the first extensive translation of important writings on the theory of the institution, which has had continuing influence in France but has been known only by repute in English-speaking countries. Supplementing the selections from the most significant works of Hauriou, Renard, and Delos are critiques that provide a contemporary focus to institutionalist thought. They include pieces by the noted jurists Jean Brèthe de la Gressaye, Andr&eacute Hauriou (the son), François and Bernard Geny, and Marcel Waline, as well as a retrospective essay prepared by Delos especially for this volume. The writings themselves range over a number of areas--sociology, psychology, law, and philosophy--and they cover such subjects as juridical method, public law, individual rights and the state, Hauriou's famous "Notes" on decisions of the Conseil d'Etat, natural law, and the social order.
Contents:
Frontmatter
GENERAL INTRODUCTION TO THE SERIES
PREFACE
INTRODUCTION / Rooney, Miriam Theresa
The Sociological Theory of the Institution and French Juristic Thought / Brethe de la Gressaye, Jean
Maurice Hauriou-A Memoir / Hauriou, André
Georges Renard-A Memoir / Geny, Bernard
The Evolution of the Institutional Conception of Positive Law-A Backward Glance / Delos, Joseph T.
PART I MAURICE HAURIOU
The Two Realisms
The Notion of an Objective Juridical Order Establishing Itself in Political Matters
The Separation of the Individual and the State
The Special Guarantees of Individual Rights
Notes on Decisions of the Conseil d'État: The Tichit Case
The Esquieu Case
The Theory of the Institution and the Foundation: A Study in Social Vitalism
Classical Method and Juridical Positivism
The Social Order: The Formal Organization of the Social Order Conceived as a System Endowed with a Slow and Uniform Movement. Institutions
Maurice Hauriou by Marcel Waline
PART II GEORGES RENARD AND JOSEPH T. DELOS
The Degrees of Institutional Existence: The General Characteristics of the Institution by Georges Renard
The Interior Life of the Institution: Intimacy, Authority, Objectivity by Georges Renard
A Critical Meditation on Georges Renard's La Théorie de L'Institution by François Geny
The Theory of the Institution: The Realist Solution of the Problem of Moral Personality and Law with an Objective Foundation by Joseph T. Delos
The Object of Sociology: For the Redress of Contemporary Sociology by Joseph T. Delos
The Philosophy of the Institution by Georges Renard
APPENDIX Code Provisions Cited in Text
BIBLIOGRAPHY
GLOSSARY
Index
Notes:
Bibliographic Level Mode of Issuance: Monograph
Description based on online resource; title from PDF title page (publisher's Web site, viewed 23. Mai 2019)
ISBN:
0-674-72996-X
OCLC:
1013957910

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