Author: RichardO. Brooks
Cicero and Modern Law contains the best modern writings on Cicero's major law related works, such as the Republic, On Law, On Oratory, along with a comprehensive bibliography of writings on Cicero's legal works. These works are organized to reveal the influence of Cicero's writings upon the history of legal thought, including St. Thomas, the Renaissance, Montesquieu and the U.S. Founding Fathers. Finally, the articles include discussions of Cicero's influence upon central themes in modern lega thought, including legal skepticism, republicanism, mixed government, private property, natural law, conservatism and rhetoric. The editor offers an extensive introduction, placing these articles in the context of an overall view of Cicero's contribution to modern legal thinking.
Author: Henry John Roby
Publisher: The Lawbook Exchange, Ltd.
Roby, Henry John. Roman Private Law in the Times of Cicero and of the Antonines. Cambridge: At the University Press, 1902. Two volumes. xxxii, 543; xiii, , 560 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-059270. ISBN 1-58477-074-0. Cloth. $180. * The private law of Rome is the authentic source of the substance of modern European law, and was at its highest development, at the end of the second century, before the advent of Constantinople, when Rome was still the capital of the world. Based on an examination of original sources, this scholarly treatise on Roman private law is divided into four Books: Book I: Citizenship and Status Generally, Book II: Family, Book III: Inheritance, Book IV: Property.
Author: RichardO. Brooks
St. Augustine and Roman law are the two bridges from Athens and Jerusalem to the world of modern law. Augustine's almost eerily modern political realism was based upon his deep appreciation of human evil, arising from his insights into the human personality, the product of his reflections on his own life and the history of his times. These insights have traveled well through the ages and are mirrored in the pages of Aquinas, Luther and Calvin, Reinhold Niebuhr, and Hannah Arendt. The articles in this volume describe the life and world of Augustine and the ways in which he conceived both justice and law. They also discuss the little recognized Augustinian contributions to the field of modern hermeneutics - the discipline which informs the art of legal interpretation. Finally, they include Augustine's valuable discussion of church/state relations, the law of just wars, and proper role and limits of coercion, and the procreative dimensions of marriage. The volume also includes an extremely useful, definitive bibliography of Augustine and the law, and will leave readers with an increased appreciation of the contributions which Augustine has made to the history of jurisprudence. No one can read Augustine and these articles on his view of the law without taking away a new view of the law itself.
Problems and Methods for Ancient Historians
Author: O. F. Robinson
The notion and understanding of law penetrated society in Ancient Rome to a degree unparalleled in modern times. The poet Juvenal, for instance, described the virtuous man as a good soldier, faithful guardian, incorruptible judge and honest witness. This book is concerned with four central questions: Who made the law? Where did a Roman go to discover what the law was? How has the law survived to be known to us today? And what procedures were there for putting the law into effect? In The Sources of Roman Law, the origins of law and their relative weight are described in the light of developing Roman history. This is a topic that appeals to a wide range of readers: the law student will find illumination for the study of the substantive law; the student of history will be guided into an appreciation of what Roman law means as well as its value for the understanding and interpretation of Roman history. Both will find invaluable the description of how the sources have survived to inform our legal system and pose their problems for us.
Author: Dinah Shelton
Publisher: Oxford University Press
The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.
The Republic and Laws
Author: Jed W. Atkins
Publisher: Cambridge University Press
A prolific philosopher who also held Rome's highest political office, Cicero was uniquely qualified to write on political philosophy. In this book Professor Atkins provides a fresh interpretation of Cicero's central political dialogues - the Republic and Laws. Devoting careful attention to form as well as philosophy, Atkins argues that these dialogues together probe the limits of reason in political affairs and explore the resources available to the statesman given these limitations. He shows how Cicero appropriated and transformed Plato's thought to forge original and important works of political philosophy. The book demonstrates that Cicero's Republic and Laws are critical for understanding the history of the concepts of rights, the mixed constitution and natural law. It concludes by comparing Cicero's thought to the modern conservative tradition and argues that Cicero provides a perspective on utopia frequently absent from current philosophical treatments.
Author: Marcus Tullius Cicero
Publisher: Cornell University Press
Cicero's On the Republic and On the Laws are his major works of political philosophy. They offer his fullest treatment of fundamental political questions: Why should educated people have any concern for politics? Is the best form of government simple, or is it a combination of elements from such simple forms as monarchy, aristocracy, and democracy? Can politics be free of injustice? The two works also help us to think about natural law, which many people have considered since ancient times to provide a foundation of unchanging, universal principles of justice. On the Republic features a defense of politics against those who advocated abstinence from public affairs. It defends a mixed constitution, the actual arrangement of offices in the Roman Republic, against simple forms of government. The Republic also supplies material for students of Roman history—as does On the Laws. The Laws, moreover, presents the results of Cicero's reflections as to how the republic needed to change in order not only to survive but also to promote justice David Fott’s vigorous yet elegant English translation is faithful to the originals. It is the first to appear since publication of the latest critical edition of the Latin texts. This book contains an introduction that both places Cicero in his historical context and explicates the timeless philosophical issues that he treats. The volume also provides a chronology of Cicero’s life, outlines of the two works, and indexes of personal names and important terms.
Legal Philosophy in Contemporary Iran
Author: Ashk Dahlen
Category: Social Science
This study analyses the major intellectual positions in the philosophical debate on Islamic law that is occurring in contemporary Iran. As the characteristic features of traditional epistemic considerations have a direct bearing on the modern development of Islamic legal thought, the contemporary positions are initially set against the established normative repertory of Islamic tradition. It is within this broad examination of a living legacy of interpretation that the context for the concretizations of traditional as well as modern Islamic learning, are enclosed.
Author: James Brown Scott
Publisher: The Lawbook Exchange, Ltd.
Scott, James Brown. Law, The State, and the International Community. New York: Columbia University Press, 1939. Two volumes. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001018648. ISBN 1-58477-178-X. Cloth. $175. * Volume One: A Commentary on the Development of Legal, Political and International Ideals. Volume Two: Extracts Illustrating the Growth of Theories, and Principles of Jurisprudence, Government, and The Law of Nations. "This is a work of ambitious scope and conspicuous industry. It attempts a survey of the chief currents of political and juridical speculation from classical times to the end of the 16th century. The author divides his subject into six main periods: The Greek Background, The Roman Heritage, The Christian Heritage (Ancient and Medieval), The Transition from Medieval to Modern Thought, The Era of Reform, The Beginning of the Modern Age. The terminus is Richard Hooker on the brink of the 17th century. From the Dark Ages onwards, the teachings of twenty celebrated theological, political, and international savants are analyzed and presented in concentrated form. (...) One of Professor Scott's best chapters is on Francisco de Vittoria (c. 1483-1546), who is of particular interest for his influence on Grotius, and to whose remarkable Relectio de Indis Professor Scott has devoted special research." Marke, A Catalogue of the Law Collection at New York University (1953) 926.
Author: Marcus Tullius Cicero,Jonathan Powell
Publisher: Oxford Paperbacks
Category: Literary Collections
`However one defines Man, the same definition applies to us all. This is sufficient proof that there is no essential difference within mankind.' (Laws l.29-30) Cicero's The Republic is an impassioned plea for responsible governement written just before the civil war that ended the Roman Republic in a dialogue following Plato. Drawing on Greek political theory, the work embodies the mature reflections of a Roman ex-consul on the nature of political organization, on justice in society, and on the qualities needed in a statesman. Its sequel, The Laws, expounds the influential doctrine of Natural Law, which applies to all mankind, and sets out an ideal code for a reformed Roman Republic, already half in the realm of utopia. This is the first complete English translation of both works for over sixty years and features a lucid Introduction, a Table of Dates, notes on the Roman constitution, and an Index of Names.
Author: Leslie C. Green
Publisher: Martinus Nijhoff
The essays convey collectively a picture of the law of armed conflict that is multidimensional in scope and insight. This second revised and expanded edition is an up-to-date, as well as a classically authoritative contribution to this immensely important field. The international laws of war are an indispensable component to understanding the range of permissible conduct or the penalties and reprisals associated with violations of permissible conduct. Even the rules applicable to terrorism are not thought of as coming under the laws of war, for terrorism is nothing other than the conduct of warfare against an unguarded and defenceless citizenry.
Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.
A Shared European Heritage
Author: Martin van Gelderen
Publisher: Cambridge University Press
These volumes are the fruits of a major European Science Foundation project and offer the first comprehensive study of republicanism as a shared European heritage. Whilst previous research has mainly focused on Atlantic traditions of republicanism, Professors Skinner and van Gelderen have assembled an internationally distinguished set of contributors whose studies highlight the richness and diversity of European traditions. Volume I focuses on the importance of anti-monarchism in Europe and analyses the relationship between citizenship and civic humanism, concluding with studies of the relationship between constitutionalism and republicanism in the period between 1500 and 1800. Volume II, first published in 2002, is devoted to the study of key republican values such as liberty, virtue, politeness and toleration. This volume also addresses the role of women in European republican traditions, and contains a number of in-depth studies of the relationship between republicanism and the rise of a commercial society in early modern Europe.
Essays in Honor of J.H.M. Salmon
Author: John Hearsey McMillan Salmon,Adrianna E. Bakos
Publisher: University Rochester Press
Essays exploring political life and thought during the ancien regimein France.
Author: Neal Wood
Publisher: Univ of California Press
In this close examination of the social and political thought of Marcus Tullius Cicero (106-43 B.C.), Neal Wood focuses on Cicero's conceptions of state and government, showing that he is the father of constitutionalism, the archetype of the politically conservative mind, and the first to reflect extensively on politics as an activity.
Author: Charles Dudley Warner
Publisher: Cosimo, Inc.
Popular American essayist, novelist, and journalist CHARLES DUDLEY WARNER (1829-1900) was renowned for the warmth and intimacy of his writing, which encompassed travelogue, biography and autobiography, fiction, and more, and influenced entire generations of his fellow writers. Here, the prolific writer turned editor for his final grand work, a splendid survey of global literature, classic and modern, and it's not too much to suggest that if his friend and colleague Mark Twain-who stole Warner's quip about how "everybody complains about the weather, but nobody does anything about it"-had assembled this set, it would still be hailed today as one of the great achievements of the book world. Highlights from Volume 9 include: . the politcal writings of William Ellery Channing . verse by Thomas Chatterton . excerpts from Geoffrey Chauncer's Canterbury Tales . the letters of Lord Chesterfield . philosophy and maxims from Chinese literature . dialogues and letters from Marcus Tullius Cicero . the speeches of Henry Clay . the writings of Samuel Longhorne Clemens (Mark Twain) . poems of Samuel Taylor Coleridge . selections from the works of William Wilkie Collins . and much, much more.
Author: George Alexander Kennedy
Publisher: Univ of North Carolina Press
Category: Language Arts & Disciplines
Since its original publication by UNC Press in 1980, this book has provided thousands of students with a concise introduction and guide to the history of the classical tradition in rhetoric, the ancient but ever vital art of persuasion. Now, George Ken
Nature, Free Will, and the Passions
Author: Robin Douglass
Publisher: OUP Oxford
Robin Douglass presents the first comprehensive study of Jean-Jacques Rousseau's engagement with Thomas Hobbes. He reconstructs the intellectual context of this engagement to reveal the deeply polemical character of Rousseau's critique of Hobbes and to show how Rousseau sought to expose that much modern natural law and doux commerce theory was, despite its protestations to the contrary, indebted to a Hobbesian account of human nature and the origins of society. Throughout the book Douglass explores the reasons why Rousseau both followed and departed from Hobbes in different places, while resisting the temptation to present him as either a straightforwardly Hobbesian or anti-Hobbesian thinker. On the one hand, Douglass reveals the extent to which Rousseau was occupied with problems of a fundamentally Hobbesian nature and the importance, to both thinkers, of appealing to the citizens' passions in order to secure political unity. On the other hand, Douglass argues that certain ideas at the heart of Rousseau's philosophy—free will and the natural goodness of man—were set out to distance him from positions associated with Hobbes. Douglass advances an original interpretation of Rousseau's political philosophy, emerging from this encounter with Hobbesian ideas, which focuses on the interrelated themes of nature, free will, and the passions. Douglass distances his interpretation from those who have read Rousseau as a proto-Kantian and instead argues that his vision of a well-ordered republic was based on cultivating man's naturally good passions to render the life of the virtuous citizen in accordance with nature.