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Author: Yasutomo Morigiwa
Publisher: Springer Science & Business Media
ISBN: 9400715064
Category : Philosophy
Languages : en
Pages : 198
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Book Description
A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.
Author: Yasutomo Morigiwa
Publisher: Springer Science & Business Media
ISBN: 9400715064
Category : Philosophy
Languages : en
Pages : 198
Get Book
Book Description
A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.
Author: Rebecca Probert
Publisher: Bloomsbury Publishing
ISBN: 135007926X
Category : History
Languages : en
Pages : 216
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Book Description
The period of the Enlightenment was marked by innovation in political, cultural, religious, and educational ideas with the aim of improving the experience of human beings in society. Key to intellectual debates and day-to-day life were ideas about the law. Many looked to Britain, and to the British, as exemplars of a state governed by moderate laws under a moderate constitution. Britain's laws and constitution were portrayed and satirized in almost every artistic medium. A Cultural History of Law in the Age of Enlightenment presents essays spanning the “long 18th century” (1680 to 1820) which explore the place of law in a range of creative and artistic media, all of which flourished in a commercial society with law at its center and enlightenment as its aim. Drawing upon a wealth of visual and textual sources, A Cultural History of Law in the Age of Enlightenment presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
Author: John Robertson
Publisher: Oxford University Press, USA
ISBN: 0199591784
Category : Electronic books
Languages : en
Pages : 169
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Book Description
This introduction explores the history of the 18th-century Enlightenment movement. Considering its intellectual commitments, Robertson then turns to their impact on society, and the ways in which Enlightenment thinkers sought to further the goal of human betterment, by promoting economic improvement and civil and political justice.
Author: Jonathan C. P. Birch
Publisher: Springer
ISBN: 1137512768
Category : History
Languages : en
Pages : 493
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Book Description
This book explores the religious concerns of Enlightenment thinkers from Thomas Hobbes to Thomas Jefferson. Using an innovative method, the study illuminates the intellectual history of the age through interpretations of Jesus between c.1650 and c.1826. The book demonstrates the persistence of theology in modern philosophy and the projects of social reform and amelioration associated with the Enlightenment. At the core of many of these projects was a robust moral-theological realism, sometimes manifest in a natural law ethic, but always associated with Jesus and a commitment to the sovereign goodness of God. This ethical orientation in Enlightenment discourse is found in a range of different metaphysical and political identities (dualist and monist; progressive and radical) which intersect with earlier ‘heretical’ tendencies in Christian thought (Arianism, Pelagianism, and Marcionism). This intellectual matrix helped to produce the discourses of irenic toleration which are a legacy of the Enlightenment at its best.
Author: Charles de Secondat baron de Montesquieu
Publisher:
ISBN:
Category : French literature
Languages : en
Pages : 418
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Book Description
Author: Karen O'Brien
Publisher: Cambridge University Press
ISBN: 0521773490
Category : History
Languages : en
Pages : 319
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Book Description
An original study of how Enlightenment ideas shaped the lives of women and the work of eighteenth-century women writers.
Author: Charles de Secondat baron de Montesquieu
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 468
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Book Description
Author: Pierre Saint-Amand
Publisher: Princeton University Press
ISBN: 1400838711
Category : Philosophy
Languages : en
Pages : 169
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Book Description
We think of the Enlightenment as an era dominated by ideas of progress, production, and industry--not an era that favored the lax and indolent individual. But was the Enlightenment only about the unceasing improvement of self and society? The Pursuit of Laziness examines moral, political, and economic treatises of the period, and reveals that crucial eighteenth-century texts did find value in idleness and nonproductivity. Fleshing out Enlightenment thinking in the works of Denis Diderot, Joseph Joubert, Pierre de Marivaux, Jean-Jacques Rousseau, and Jean-Siméon Chardin, this book explores idleness in all its guises, and illustrates that laziness existed, not as a vice of the wretched, but as an exemplar of modernity and a resistance to beliefs about virtue and utility. Whether in the dawdlings of Marivaux's journalist who delayed and procrastinated or in the subjects of Chardin's paintings who delighted in suspended, playful time, Pierre Saint-Amand shows how eighteenth-century works provided a strong argument for laziness. Rousseau abandoned his previous defense of labor to pursue reverie and botanical walks, Diderot emphasized a parasitic strategy of resisting work in order to liberate time, and Joubert's little-known posthumous Notebooks radically opposed the central philosophy of the Enlightenment in a quest to infinitely postpone work. Unsettling the stubborn view of the eighteenth century as an age of frenetic industriousness and labor, The Pursuit of Laziness plumbs the texts and images of the time and uncovers deliberate yearnings for slowness and recreation. Some images inside the book are unavailable due to digital copyright restrictions.
Author: Caroline Winterer
Publisher: Yale University Press
ISBN: 0300224567
Category : History
Languages : en
Pages : 368
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Book Description
A provocative reassessment of the concept of an American golden age of European-born reason and intellectual curiosity in the years following the Revolutionary War The accepted myth of the “American Enlightenment” suggests that the rejection of monarchy and establishment of a new republic in the United States in the eighteenth century was the realization of utopian philosophies born in the intellectual salons of Europe and radiating outward to the New World. In this revelatory work, Stanford historian Caroline Winterer argues that a national mythology of a unitary, patriotic era of enlightenment in America was created during the Cold War to act as a shield against the threat of totalitarianism, and that Americans followed many paths toward political, religious, scientific, and artistic enlightenment in the 1700s that were influenced by European models in more complex ways than commonly thought. Winterer’s book strips away our modern inventions of the American national past, exploring which of our ideas and ideals are truly rooted in the eighteenth century and which are inventions and mystifications of more recent times.
Author: Antonio Padoa-Schioppa
Publisher: Cambridge University Press
ISBN: 1107180694
Category : History
Languages : en
Pages : 823
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Book Description
The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
