Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 0820330612

Category: Law

Page: 241

View: 7415

This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.
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Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 9780820316697

Category: Law

Page: 241

View: 8411

This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly of interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law - the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.
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Author: Charles de Secondat Montesquieu (baron de)

Publisher: N.A

ISBN: N.A

Category: Jurisprudence

Page: N.A

View: 6247

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Author: Charles de Secondat baron de Montesquieu,Anne M. Cohler,Basia Carolyn Miller,Harold Samuel Stone

Publisher: Cambridge University Press

ISBN: 9780521369749

Category: History

Page: 757

View: 5632

The Spirit of the Laws is without question one of the central texts in the history of eighteenth-century thought, yet there has been no complete scholarly English language edition since 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted.
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Author: Roscoe Pound

Publisher: Transaction Publishers

ISBN: 9781412839112

Category: Law

Page: 224

View: 650

The Spirit of the Common Law is one of Roscoe Pound's most notable works. It contains the brilliant lectures he delivered at Dartmouth College in the summer of 1921. It is a seminal book embodying the spiritual essence of sociological jurisprudence by its leading prophet. This work is both a celebration of the common law and a warning for common law judges and lawyers to return to and embrace the pragmatism and judicial empiricism that define and energize the common law. The two fundamental doctrines of the common law, Pound writes, are the doctrine of precedents and the doctrine of supremacy of law. In an earlier preface, Justice Arthur J. Goldberg writes that The Spirit of the Common Law will always be treasured by judges and lawyers for its philosophy and history, but more importantly for Roscoe Pound's optimism and faith in the capacity of law to keep up with the times without sacrificing fundamental values. It is a faith built upon the conviction that the present is not to be divorced from the past, but rather that the past and the present are to be built upon to make a better future. Neil Hamilton and Mathias Alfred Jaren provide a biographical introduction to the book. They discuss the various influences upon Pound's scholarly pursuits and they analyze many of his writings that led up to The Spirit of the Common Law. This volume is a necessary addition to the libraries of legal scholars and professionals, sociologists, and philosophers.
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Author: Charles de Secondat baron de Montesquieu

Publisher: N.A

ISBN: N.A

Category: Jurisprudence

Page: 513

View: 8921

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Rethinking Roman Law of the Late Republic

Author: Paul J. du Plessis

Publisher: Edinburgh University Press

ISBN: 1474408842

Category: Law

Page: 256

View: 5494

This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic - a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic.
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Author: Charles de Secondat, Baron de Montesquieu

Publisher: Library of Alexandria

ISBN: 1465605169

Category:

Page: N.A

View: 8130

Laws, in their most general signification, are the necessary relations arising from the nature of things. In this sense all beings have their laws: the Deity His laws, the material world its laws, the intelligences superior to man their laws, the beasts their laws, man his laws. They who assert that a blind fatality produced the various effects we behold in this world talk very absurdly; for can anything be more unreasonable than to pretend that a blind fatality could be productive of intelligent beings? There is, then, a prime reason; and laws are the relations subsisting between it and different beings, and the relations of these to one another. God is related to the universe, as Creator and Preserver; the laws by which He created all things are those by which He preserves them. He acts according to these rules, because He knows them; He knows them, because He made them; and He made them, because they are in relation to His wisdom and power. Since we observe that the world, though formed by the motion of matter, and void of understanding, subsists through so long a succession of ages, its motions must certainly be directed by invariable laws; and could we imagine another world, it must also have constant rules, or it would inevitably perish. Thus the creation, which seems an arbitrary act, supposes laws as invariable as those of the fatality of the Atheists. It would be absurd to say that the Creator might govern the world without those rules, since without them it could not subsist. These rules are a fixed and invariable relation. In bodies moved, the motion is received, increased, diminished, or lost, according to the relations of the quantity of matter and velocity; each diversity is uniformity, each change is constancy. Particular intelligent beings may have laws of their own making, but they have some likewise which they never made. Before there were intelligent beings, they were possible; they had therefore possible relations, and consequently possible laws. Before laws were made, there were relations of possible justice. To say that there is nothing just or unjust but what is commanded or forbidden by positive laws, is the same as saying that before the describing of a circle all the radii were not equal. We must therefore acknowledge relations of justice antecedent to the positive law by which they are established: as, for instance, if human societies existed, it would be right to conform to their laws; if there were intelligent beings that had received a benefit of another being, they ought to show their gratitude; if one intelligent being had created another intelligent being, the latter ought to continue in its original state of dependence; if one intelligent being injures another, it deserves a retaliation; and so on. But the intelligent world is far from being so well governed as the physical. For though the former has also its laws, which of their own nature are invariable, it does not conform to them so exactly as the physical world. This is because, on the one hand, particular intelligent beings are of a finite nature, and consequently liable to error; and on the other, their nature requires them to be free agents. Hence they do not steadily conform to their primitive laws; and even those of their own instituting they frequently infringe. Whether brutes be governed by the general laws of motion, or by a particular movement, we cannot determine. Be that as it may, they have not a more intimate relation to God than the rest of the material world; and sensation is of no other use to them than in the relation they have either to other particular beings or to themselves. By the allurement of pleasure they preserve the individual, and by the same allurement they preserve their species. They have natural laws, because they are united by sensation; positive laws they have none, because they are not connected by knowledge. And yet they do not invariably conform to their natural laws; these are better observed by vegetables, that have neither understanding nor sense. Brutes are deprived of the high advantages which we have; but they have some which we have not. They have not our hopes, but they are without our fears; they are subject like us to death, but without knowing it; even most of them are more attentive than we to self_preservation, and do not make so bad a use of their passions. Man, as a physical being, is like other bodies governed by invariable laws. As an intelligent being, he incessantly transgresses the laws established by God, and changes those of his own instituting. He is left to his private direction, though a limited being, and subject, like all finite intelligences, to ignorance and error: even his imperfect knowledge he loses; and as a sensible creature, he is hurried away by a thousand impetuous passions.
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Author: Witness Lee

Publisher: Living Stream Ministry

ISBN: 0870831372

Category: Bible

Page: 202

View: 1144

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A Brief Account of Biblical and Rabbinical Jurisprudence

Author: George Horowitz

Publisher: N.A

ISBN: 9781258400873

Category:

Page: 852

View: 1990

With A Special Note On Jewish Law And The State Of Israel.
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An Interpretation of "The Spirit of the Laws"

Author: Vickie B. Sullivan

Publisher: University of Chicago Press

ISBN: 022648291X

Category: Philosophy

Page: 300

View: 4501

Montesquieu is famous as a tireless critic of despotism, which he associates overtly with Asia and the Middle East and not with the apparently more moderate Western models of governance found throughout Europe. However, Vickie B. Sullivan argues that a creaful reading of Montesquieu's enormously influential The Spirit of the Law reveals the surprising result that he recognizes that Europe itself is susceptible to despotic practices - and that the threat emanates not from the East but rather from certain despotic ideas that inform Western institutions and practices. Sullivan guides readers through Montesquieu's sometimes veiled yet sharply critical accounts of Machiavelli, Hobbes, Aristotle, and Plato, as well as various Christian thinkers have brough forth despotic ideas in the form, for example, of brutal Machiavellianism, of Hobbes's justifications for the rule of one, of Plato's reasoning that denied slaves the right of natural defense, and of the Christian teachings that equated heresy with treason. Such ideas, Montesquieu shows, inform such revered European institutions as the French monarchy and the Roman Catholic Church. In this new reading of Montesquieu's masterwork, Sullivan corrects the misconception that it offers simple, objective observations, showing it to be instead a powerful critique of European politics that would become remarkably and regrettably prescient after Montesquieu's death, when despotism repeatedly emerged in Europe with virulent intensity. -- from dust jacket.
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Keys to Personal Power and Spiritual Transformation

Author: Sanaya Roman

Publisher: New World Library

ISBN: 1932073515

Category: Body, Mind & Spirit

Page: 236

View: 5211

With the guidance of this bestselling classic, you can learn to grow through joy rather than through struggle and pain.
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American Law and the New Global Realities

Author: Stephen Breyer

Publisher: Vintage

ISBN: 1101912073

Category: Law

Page: 400

View: 6659

"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.
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Author: P.D. James

Publisher: Canongate Books

ISBN: 0857861077

Category: Bibles

Page: 96

View: 8872

Acts is the sequel to Luke's gospel and tells the story of Jesus's followers during the 30 years after his death. It describes how the 12 apostles, formerly Jesus's disciples, spread the message of Christianity throughout the Mediterranean against a background of persecution. With an introduction by P.D. James
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Author: Montesquieu

Publisher: Masterlab

ISBN: 8363625957

Category: Political Science

Page: 468

View: 1294

The Spirit of Laws is a treatise on political theory first published by Charles de Secondat, Baron de Montesquieu in 1748. Montesquieu pleaded in favor of a constitutional system of government and the separation of powers, the ending of slavery, the preservation of civil liberties and the law, and the idea that political institutions ought to reflect the social and geographical aspects of each community.
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The Life and Times of Rome's Greatest Politician

Author: Anthony Everitt

Publisher: Random House

ISBN: 1588360342

Category: Biography & Autobiography

Page: 400

View: 7820

“All ages of the world have not produced a greater statesman and philosopher combined.” —John Adams He squared off against Caesar and was friends with young Brutus. He advised the legendary Pompey on his somewhat botched transition from military hero to politician. He lambasted Mark Antony and was master of the smear campaign, as feared for his wit as he was for exposing his opponents’ sexual peccadilloes. Brilliant, voluble, cranky, a genius of political manipulation but also a true patriot and idealist, Cicero was Rome’s most feared politician, one of the greatest lawyers and statesmen of all times. Machiavelli, Queen Elizabeth, John Adams and Winston Churchill all studied his example. No man has loomed larger in the political history of mankind. In this dynamic and engaging biography, Anthony Everitt plunges us into the fascinating, scandal-ridden world of ancient Rome in its most glorious heyday. Accessible to us through his legendary speeches but also through an unrivaled collection of unguarded letters to his close friend Atticus, Cicero comes to life in these pages as a witty and cunning political operator. Cicero leapt onto the public stage at twenty-six, came of age during Spartacus’ famous revolt of the gladiators and presided over Roman law and politics for almost half a century. He foiled the legendary Catiline conspiracy, advised Pompey, the victorious general who brought the Middle East under Roman rule, and fought to mobilize the Senate against Caesar. He witnessed the conquest of Gaul, the civil war that followed and Caesar’s dictatorship and assassination. Cicero was a legendary defender of freedom and a model, later, to French and American revolutionaries who saw themselves as following in his footsteps in their resistance to tyranny. Anthony Everitt’s biography paints a caustic picture of Roman politics—where Senators were endlessly filibustering legislation, walking out, rigging the calendar and exposing one another’s sexual escapades, real or imagined, to discredit their opponents. This was a time before slander and libel laws, and the stories—about dubious pardons, campaign finance scandals, widespread corruption, buying and rigging votes, wife-swapping, and so on—make the Lewinsky affair and the U.S. Congress seem chaste. Cicero was a wily political operator. As a lawyer, he knew no equal. Boastful, often incapable of making up his mind, emotional enough to wander through the woods weeping when his beloved daughter died in childbirth, he emerges in these pages as intensely human, yet he was also the most eloquent and astute witness to the last days of Republican Rome. On Cicero: “He taught us how to think." —Voltaire “I tasted the beauties of language, I breathed the spirit of freedom, and I imbibed from his precepts and examples the public and private sense of a man.” —Edward Gibbon “Who was Cicero: a great speaker or a demagogue?” —Fidel Castro From the Hardcover edition.
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Author: Charles Freeman

Publisher: The Overlook Press

ISBN: 1590205227

Category: Religion

Page: 256

View: 1939

A provoking and timely examination of one of the most important times in Church history. In AD 381, Theodosius, emperor of the eastern Roman empire, issued a decree in which all his subjects were required to subscribe to a belief in the Trinity of the Father, Son and Holy Spirit. This edict defined Christian orthodoxy and brought to an end a lively and wide-ranging debate about the nature of God; all other interpretations were now declared heretical. It was the first time in a thousand years of Greco-Roman civilization free thought was unambiguously suppressed. Yet surprisingly, the popular histories claim that the Christian Church reached a consensus on the Trinity at the Council of Constantinople in AD 381. Why has Theodosius's revolution been airbrushed from the historical record? In this groundbreaking new book, acclaimed historian Charles Freeman shows that the council was in fact a sham, only taking place after Theodosius's decree had become law. The Church was acquiescing in the overwhelming power of the emperor. Freeman argues that Theodosius's edict and the subsequent suppression of paganism not only brought an end to the diversity of religious and philosophical beliefs throughout the empire, but created numerous theological problems for the Church, which have remained unsolved. The year AD 381, as Freeman puts it, was "a turning point which time forgot."
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Christian Calling and the Legal Profession: Easyread Large Edition

Author: Michael P. Schutt

Publisher: ReadHowYouWant.com

ISBN: 1458749053

Category: Law

Page: 540

View: 9459

BEING A CHRISTIAN LAWYER IS POSSIBLE, BUT NOT EASY. Law professor Michael Schutt believes that Christians belong in the legal profession and should regard it as a sacred calling. Schutt offers this book as a vital resource for reconceiving the theoretical foundations of law and gives practical guidance for maintaining integrity within a challenging profession. A hopeful and practical book for law students and those serving in the legal profession.
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