The volume outlines the development of modern legal sciences in the civil law tradition and discusses major philosophical figures of modern systematic legal philosophy. In particular. Chap. 1 (Scattola) deals with the influence of Grotius’ and Puferndorf’s thought on general jurisprudence during the XVII and XVIII century. Chap. 2 (Halperin) is concerned with the development of general jurisprudence in French and Holland before the French Revolution. The main philosophical figures considered in this chapter will be Domat and Pothier. Ch. 3 (M. Hernandez Marcos) is devoted to the Legal Enlightenment in Europe. It connects the historical and cultural aspects of Enlightenment, as far as their influence in legal theory are concerned, with some philosophical issue of liberty and equality, which will be decisive in the legal thought of the XIth and XXth centuries. Chap. IV (Canale) is concerned with the codification of law in Europe between the XVIIIth and the XIXth century. This chapter shows the differences between the models of codification applied in Prussia, French and Austria, analyzing the theoretical and practical background of each one of them. Chap. 5 (Becchi-Chiassoni) deals with the Hitorische Rechtsschule in Germany . The main philosophical figures considered here are Hugo, Savigny, Thibaut, Puchta and Jhering. Chap. VI (Sordi-Mannori) looks at the birth of administrative law at the beginning of the XIX Century. Chap. VII (Fioravanti) focuses on the evolution of Constitutionalism in Europe during the XVIII and XIX centuries and chap. VIII (Hofmann) considers the anti-formalist muvements during the same period.
A History of the Philosophy of Law in the Civil Law World, 1600-1900
CANALE, DAMIANO;
2009
Abstract
The volume outlines the development of modern legal sciences in the civil law tradition and discusses major philosophical figures of modern systematic legal philosophy. In particular. Chap. 1 (Scattola) deals with the influence of Grotius’ and Puferndorf’s thought on general jurisprudence during the XVII and XVIII century. Chap. 2 (Halperin) is concerned with the development of general jurisprudence in French and Holland before the French Revolution. The main philosophical figures considered in this chapter will be Domat and Pothier. Ch. 3 (M. Hernandez Marcos) is devoted to the Legal Enlightenment in Europe. It connects the historical and cultural aspects of Enlightenment, as far as their influence in legal theory are concerned, with some philosophical issue of liberty and equality, which will be decisive in the legal thought of the XIth and XXth centuries. Chap. IV (Canale) is concerned with the codification of law in Europe between the XVIIIth and the XIXth century. This chapter shows the differences between the models of codification applied in Prussia, French and Austria, analyzing the theoretical and practical background of each one of them. Chap. 5 (Becchi-Chiassoni) deals with the Hitorische Rechtsschule in Germany . The main philosophical figures considered here are Hugo, Savigny, Thibaut, Puchta and Jhering. Chap. VI (Sordi-Mannori) looks at the birth of administrative law at the beginning of the XIX Century. Chap. VII (Fioravanti) focuses on the evolution of Constitutionalism in Europe during the XVIII and XIX centuries and chap. VIII (Hofmann) considers the anti-formalist muvements during the same period.
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