E-Book Overview
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century.
Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World
Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
E-Book Content
A TREATISE OF LEGAL PHILOSOPHY AND GENERAL JURISPRUDENCE Editor-in-Chief: Enrico Pattaro
Volume 12
Legal Philosophy in the Twentieth Century: The Civil Law World edited by
Enrico Pattaro and
Corrado Roversi
Tome 1 Language Areas
A Treatise of Legal Philosophy and General Jurisprudence Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World
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 † 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, Emeritus Regius Professor of Civil Law, University of Cambridge, UK
Assistant Editor Antonino Rotolo, Department of Legal Studies and CIRSFID, University of Bologna, Italy
A Treatise of Legal Philosophy and General Jurisprudence Volume 12
Legal Philosophy in the Twentieth Century: The Civil Law World Tome 1: Language Areas edited by
Enrico Pattaro CIRSFID and Law Faculty, University of Bologna
and
Corrado Roversi Department of Legal Studies and CIRSFID, University of Bologna with c