A Treatise Upon Some of the General Principles of the Law PDF Download
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Author: William Wait
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 820
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Author: William Wait
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 820
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Author: Philip Schofield
Publisher: Clarendon Press
ISBN: 0191564788
Category : History
Languages : en
Pages : 630
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Book Description
In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England (1765-9). In 'Comment on the Commentaries', on which Bentham began work in 1774, he exposes the fallacies which he claims to have detected in Blackstone, and criticizes the theory of the Common Law. He goes on to provide important reflections on the nature of law, and more particularly on the nature of customary and of statute law, and on judicial interpretation. A Fragment on Government, which was published in 1776, was detached from the 'Comment on the Commentaries'. Concentrating on a passage of five or six pages in which Blackstone discusses the origin of society and government, Bentham offers three main criticisms. First, he criticizes Blackstone's methodology for failing to distinguish between the role of the expositor and the role of the censor, and thereby confusing the question of what the law is with the question of what the law ought to be. Second, he criticizes Blackstone's assumption that the theory of the social contract represents an adequate justification of the obligation to obey government. Third, he criticizes Blackstone's theory of sovereignty, which claims that in every state there must exist some absolute, undivided power, whose commands are law. Bentham points to the existence of states where sovereign power is both divided and limited. In these two works, published by OUP for the first time, Bentham outlines a number of themes which he goes on to develop in his later works: the principle of utility; the importance of a 'natural arrangement' for a legal system; the point at which resistance to government becomes justifiable; the exposition of legal terms; and much more. The volume also contains Bentham's 'Preface' intended for, but not published in, the second edition of A Fragment on Government, which appeared in 1823. Having by this committed himself to political radicalism, Bentham uses this occasion to reflect on the text and the circumstances in which it was produced. The text has been edited by H.L.A. Hart and J.H. Burns, whose reputations in their respective fields of legal theory and history of political thought are unsurpassed. The volume contains an Editorial Introduction which explains the provenance of the text, and the method of presentation. The texts are fully annotated with textual and historical notes, and the volume is completed with a detailed subject index, based on a methodology devised by Hart.
Author: John Patrick Diggins
Publisher: University of Chicago Press
ISBN: 9780226148793
Category : History
Languages : en
Pages : 534
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For much of our century, pragmatism has enjoyed a charmed life, holding the dominant point of view in American politics, law, education, and social thought in general. After suffering a brief eclipse in the post-World War II period, pragmatism has enjoyed a revival, especially in literary theory and such areas as poststructuralism and deconstruction. In this sweeping critique of pragmatism and neopragmatism, one of our leading intellectual historians traces the attempts of thinkers from William James to Richard Rorty to find a response to the crisis of modernism. John Patrick Diggins analyzes the limitations of pragmatism from a historical perspective and dares to ask whether America's one original contribution to the world of philosophy has actually fulfilled its promise. In the late nineteenth century, intellectuals felt themselves in the grips of a spiritual crisis. This confrontation with the "acids of modernity" eroded older faiths and led to a sense that life would continue in the awareness, of absences: knowledge without truth, power without authority, society without spirit, self without identity, politics without virtue, existence without purpose, history without meaning. In Europe, Friedrich Nietzsche and Max Weber faced a world in which God was "dead" and society was succumbing to structures of power and domination. In America, Henry Adams resigned from Harvard when he realized there were no truths to be taught and when he could only conclude: "Experience ceases to educate." To the American philosophers of pragmatism, it was experience that provided the basis on which new methods of knowing could replace older ideas of truth. Diggins examines how, in different ways, William James, Charles Peirce, John Dewey, George H. Mead, and Oliver Wendell Holmes, Jr., demonstrated that modernism posed no obstacle in fields such as science, education, religion, law, politics, and diplomacy. Diggins also examines the work of the neopragmatists Jurgen Habermas and Richard Rorty and their attempt to resolve the crisis of postmodernism. Using one author to interrogate another, Diggins brilliantly allows the ideas to speak to our conditions as well as theirs. Did the older philosophers succeed in fulfilling the promises of pragmatism? Can the neopragmatists write their way out of what they have thought themselves into? And does America need philosophers to tell us that we do not need foundational truths when the Founders already told us that the Constitution would be a "machine" that would depend more upon the "counterpoise" of power than on the claims of knowledge? Diggins addresses these and other essential questions in this magisterial account of twentieth-century intellectual life. It should be read by everyone concerned about the roots of postmodernism (and its links to pragmatism) and about the forms of thought and action available for confronting a world after postmodernism.
Author: William Mack
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1140
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 36
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Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 750
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Author: Convention of Banks and Bankers
Publisher:
ISBN:
Category : Banks and banking
Languages : en
Pages : 1046
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Author: American Bankers Association
Publisher:
ISBN:
Category : Banks and banking
Languages : en
Pages : 890
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Book Description
Proceedings of the sections of the association are included in the volumes as follows: Trust company section (organized 1896) 1st, 3rd-7th, 14th- annual meetings, in v. 23, 25-29, 35- 1897, 1899-1903, 1909- ;Savings bank section (organized 1902) 2d, 8th- annual meetings in v. 29, 35- 1903, 1909- ; Clearing house section (organized 1906) 3d- annual meetings, in v. 35- 1909- ; State secretaries section (organized 1902 as Organization of Secretaries of State Bankers' Associations; became a section of the American Bankers Association 1910) 2d- annual meetings in v.38- 1912- ; National bank section (organized 1915) organization meeting in v.41- 1915-
Author: Jeremy Bentham
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 192
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Book Description
Author: Various
Publisher: Routledge
ISBN: 1317268083
Category : History
Languages : en
Pages : 8677
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Book Description
The greatest problem in historical scholarship, theoretically and practically, is the relation between historians and their subject matter. The past is gone and historians can only study its remnants. On what basis do scholars select certain facts from the mass of data left from the past? How do they explain the interrelationship of the facts they select? What criteria do they use to evaluate their subject? The 35 volumes in this set, originally published between 1926 and 1990 discuss and answer these essential questions faced by historians. The development of historical understanding during the 18th and 19th centuries was one of the most striking features of Western culture. Both historiography and historical thinking advanced as never before. The historial movment of the 19th century was perhaps second only to the scientific revolution of the seventeenth century in transforming Western thought. One consequence was extensive organisation and professionalization of research, which the volumes in this set reflect.
