By Fred D. Miller Jr., Carrie-Ann Biondi
The first-ever multivolume remedy of the problems in criminal philosophy and basic jurisprudence, from either a theoretical and a ancient viewpoint. The paintings is geared toward jurists in addition to criminal and useful philosophers. Edited by way of the well known theorist Enrico Pattaro and his crew, this booklet is a classical reference paintings that may be of significant curiosity to criminal and useful philosophers in addition to to jurists and criminal pupil in any respect degrees. The paintings is split in elements. The theoretical half (published in 2005), which includes 5 volumes, covers the most subject matters of the modern debate; the ancient half, including six volumes (Volumes 6-8 released in 2007; Volumes nine and 10, released in 2009; quantity eleven released in 2011 and quantity 12 drawing close in 2015), money owed for the advance of felony suggestion from historical Greek instances during the 20th century. the whole set can be accomplished with an index.
Volume 6: A historical past of the Philosophy of legislations from the traditional Greeks to the Scholastics
2nd revised variation, edited by way of Fred D. Miller, Jr. and Carrie-Ann Biondi
Volume 6 is the 1st of the Treatise’s historic volumes (following the 5 theoretical ones) and is devoted to the philosophers’ philosophy of legislation from historic Greece to the sixteenth century. the quantity therefore starts off with the dawning of felony philosophy in Greek and Roman philosophical notion after which covers the start and improvement of ecu medieval criminal philosophy, the effect of Judaism and the Islamic philosophers, the revival of Roman and Christian canon legislations, and the increase of scholastic philosophy within the past due heart a while, which prepared the ground for early-modern Western felony philosophy. This moment, revised version comes with a completely new bankruptcy dedicated to the later Scholastics (Chapter 14, by way of Annabel Brett) and an epilogue (by Carrie-Ann Biondi) at the legacy of historic and medieval notion for contemporary felony philosophy, in addition to with up-to-date references and indexes.
Read or Download A Treatise of Legal Philosophy and General Jurisprudence: Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics PDF
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Additional resources for A Treatise of Legal Philosophy and General Jurisprudence: Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics
6) then the tow-rope of the laws would not be without benefit. But in fact it is apparent that the justice (to dikaion) derived from law (nomos) is not sufficient to assist those who engage in such behavior. First, it permits the victim to suffer and the agent to act, and at the time it did not try to prevent either the victim from suffering or the agent from acting; and when it is applied to the punishment, it does not favor either the victim or the agent; for he must persuade the jurors that he suffered, or else be able to obtain justice by deception.
This indictment targets not just the legal system in practice but also the system as conceived, for it was not designed to prevent wrongdoing (except by its deterrent value, which Antiphon ignores) or to compensate victims automatically. Despite these criticisms, some of which are reflected in later court speeches, Antiphon later directed his energy toward working within the legal system, writing speeches for litigants to deliver in court. In these he naturally praises the laws and the legal system, though he can be very critical of the opposing litigant, especially for misusing the legal process.
By this time we can also discern the main features of that characteristic Greek political form, the polis (“city-state” or “city”). Greece remained a collection of independent city-states through the classical period (ca. 10The political structure of most cities in the archaic period was some form of oligarchy with at least one deliberative body. 11 Our evidence for different cities varies widely,12 but none of it is inconsis8 This fragment is not included in Hesiod, The Homeric Hymns and Homerica, edited by Evelyn-White 1914.