By Michael Gagarin, Paul Woodruff (auth.), Fred D. Miller Jr (eds.)

A Treatise of felony Philosophy and normal Jurisprudence is the first-ever multivolume therapy of the entire spectrum of concerns in felony philosophy and normal jurisprudence, from either a theoretical and a old standpoint. The paintings is aimed toward jurists in addition to criminal and functional philosophers. This exhaustive paintings is gifted in wide sections: The Theoretical half (2005) includes five volumes and covers the most issues of up to date debate; The ancient half (2006-2007) includes 6 volumes reviewing the advance of felony proposal from old Greek instances throughout the 20th century.

The present book accommodates

Volume 6: A historical past of the Philosophy of legislation from the traditional Greeks to the Scholastics

Volume 7: The Jurists' Philosophy of legislation from Rome to the 17th Century

Volume eight: A historical past of the Philosophy of legislations within the universal legislation global, 1600-1900.

Edited through the well known theorist Enrico Pattaro and his staff, it is a classical reference paintings of surpassing curiosity to criminal and useful philosophers, in addition to jurists and Philosophy of Law-scholars in any respect levels.

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Additional info for A History of the Philosophy of Law from the Ancient Greeks to the Scholastics: Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics; Vol. 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century; Vol 8: A His

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People had to put their cases in writing and have them sent in to him; then he made his decisions and sent them back. In addition to this procedure for legal disputes, he established others: if he heard of anyone assaulting someone, he would send for him and impose on him a punishment appropriate to the crime, and he had spies and observers throughout the extent of his kingdom. 100) Herodotus presents this story as a historical event, but most scholars consider it fictional. We see it as a discourse contrasting Greek legal procedure, which Deioces follows at first, and an oriental type of justice, which he implements once he becomes king.

In the Iliad, Odysseus speaks of “one king / To whom the clever son of Cronus gave the staff / And the rule of themis” (Il. 204–6, as quoted in Gagarin and Woodruff 1995, 4). Thus the basic rules of life, themis, are enforced by kings though given by Zeus. Tyrtaeus expresses the Spartan view that their basic law was given to the human lawgiver Lycurgus by Apollo at Delphi (Tyrtaeus, frag. 4, as quoted in Gagarin and Woodruff 1995, 23). The idea is taken up by orators and poets. Gorgias, in his funeral oration, speaks of “the most divine and universal law: to speak, to be silent, and to act as one ought and when one ought” (Gorgias, DK 6, as quoted in Gagarin and Woodruff 1995, 203).

Both were eager to obtain a settlement from a referee. People were speaking on both sides, and both had supporters; but the heralds restrained them. The old men took seats on hewn stones in a sacred circle; they held in their hands the scepters of heralds who raise their voices. Then the two men rushed before them, and they in turn gave their judgments. In the middle there lay two talents of gold as a gift for the one among them who would give the straightest judgment. (Il. 497–508, as quoted in Gagarin and Woodruff 1995, 6) Two men disagree about payment for a man who has been killed.

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A History of the Philosophy of Law from the Ancient Greeks by Michael Gagarin, Paul Woodruff (auth.), Fred D. Miller Jr
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