By Michael Lobban, Andrea Padovani, Peter G. Stein
A Treatise of criminal Philosophy and common Jurisprudence is the 1st ever multivolume therapy of the problems in felony philosophy and normal jurisprudence, from either a theoretical and a historic viewpoint. The paintings is aimed toward jurists in addition to felony and useful philosophers. Edited via the popular theorist Enrico Pattaro and his staff this e-book is a classical reference paintings that will be of significant curiosity to criminal and useful philosophers, in addition to jurists and Philosophy of Law-scholar in any respect degrees the complete paintings is split into 3 elements: - The Theoretical half (published in 2005) includes five volumes and covers the most issues of up to date debate. - The ancient half contains 6 volumes and is scheduled to be released in the course of 2006 (volumes 6-8) and 2007 (volumes 8-11 and quantity 12 (index). The historic volumes account for the improvement of felony idea from historic Greek occasions throughout the 20th century.
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Additional info for A Treatise of Legal Philosophy and General Jurisprudence,Vol. 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century
The procedure thus allowed laymen to give effect to their moral ideas of fairness. Although they were very conscious of the ethical dimensions of the civil law, the jurists studiously ignored all extra-legal matters, such as the economic context of a legal institution. The usual example is the position of the lessee. ] The classical jurists simply state the legal rule: The lessee is not the possessor of the thing, and therefore cannot insist on its enjoyment in the face of prohibition by the lessor.
When asked to interpret the terms of a legacy in a will, Sabinus did not look for the objective meaning of the words used by the testator but rather at what the testator intended. Thus, for Sabinus, the same expression could 12 TREATISE, 7 - FROM ROME TO THE SEVENTEENTH CENTURY mean one thing in one will and something different in another will. A term was understood by one testator as a broad category and by another as a limited one. What mattered was not consistency but finding a reasonable solution to a particular problem.
It was not always so. In negotiorum gestio (unauthorised act of administration on behalf of another), the rule enunciated by Labeo (Dig. 1; Sciascia 1948, 384, note 19) is that the gestor can claim his expenses if he has acted utiliter, beneficially, even though ultimately his act produced no lasting result. So if he has repaired a house which was in danger of falling down, he was acting utiliter, and the fact that the house is later destroyed by fire will not deprive him of his 20 TREATISE, 7 - FROM ROME TO THE SEVENTEENTH CENTURY action for expenses.