TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600–1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600–1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers’ philosophy of law (let us refer to this philosophy as A).
A Treatise of Legal Philosophy and General Jurisprudence Volume 9 A History of the Philosophy of Law in the Civil Law World, 1600–1900 A Treatise of Legal Philosophy and General Jurisprudence Editor-in-Chief Enrico Pattaro, CIRSFID and Law Faculty, University of Bologna, Italy Advisory Board Norberto Bobbio † Ronald M. Dworkin, School of Law, New York University, USA and Faculty of Law, University College London, UK Lawrence M. Friedman, Stanford Law School, Stanford University, USA Knud Haakonssen, Department of History, University of Sussex, UK Associate Editors Gerald J. Postema, Department of Philosophy, The University of North Carolina at Chapel Hill, USA Peter G. Stein, Faculty of Law, University of Cambridge, UK Assistant Editor Antonino Rotolo, CIRSFID and Law Faculty, University of Bologna, Italy A Treatise of Legal Philosophy and General Jurisprudence Volume 9 A History of the Philosophy of Law in the Civil Law World, 1600–1900 edited by Damiano Canale Department of Legal Studies, Bocconi University, Milan, Italy Paolo Grossi Faculty of Law, University of Florence, Italy Hasso Hofmann Faculty of Law, Humboldt University, Berlin, Germany with contributions by Paolo Becchi, Damiano Canale, Maurizio Fioravanti, Jean-Louis Halpérin, Maximiliano Hernández Marcos, Hasso Hofmann, Luca Mannori, Merio Scattola, and Bernardo Sordi 123 Treatise Editor-in-chief Prof. Enrico Pattaro Universit`a Bologna CIRSFID Via Galliera, 3 40121 Bologna Italy
[email protected] Volume Editors Prof. Damiano Canale Universit`a Commerciale “L. Bocconi” Dipartimento di Studi giuridici via R¨ontgen, 1 20136 Milan Italy Prof. Hasso Hofmann Humboldt-Universit¨at zu Berlin Juristische Fakult¨at Unter den Linden, 11 10099 Berlin Germany Prof. Paolo Grossi Universit`a di Firenze Centro studi per la Storia del pensiero giuridico moderno P.za Indipendenza, 9 50129 Florence Italy There are pictures in this volume for which we have been unable to trace or contact the copyright holder. If notified, the publisher will be pleased to rectify any errors or omissions at the earliest opportunity. ISBN 978-90-481-2963-8 e-ISBN 978-90-481-2964-5 DOI 10.1007/978-90-481-2964-5 Springer Dordrecht Heidelberg London New York Library of Congress Control Number: 2005283610 c Springer Science+Business Media B.V. 2009 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic,