Rational Individualism: The Perennial Philosophy of Legal Interpretation
This book is a study of the theory of legal interpretation that underlies the legal systems of Europe, England, and the United States. The principles of interpretive jurisprudence are traced through Greek and Latin philosophers and legal theorists and Renaissance Italian glossators and commentators. In addressing human nature, these principles have a self-sustaining logical integrity. They are defensible as a worthy tradition of legal respect for the value of the individual.
What people are saying - Write a review
We haven't found any reviews in the usual places.
TWO The Classical Legal Texts on 1nterpretation
THREE The Reconstruction of Roman Jurisprudence
FOUR The Continental Tradition
F1VE The AngloAmerican Tradition
S1X Philosophical 1mplications of the Tradition
SEVEN The Rational Strength of the Tradition
Other editions - View all
abrogate according Accursius actually ambiguity Amendment applied argument Aristotle authority Bartolus canon law Celsus century Chancery cited civil classical clause Code common law conflict consistency principle Constitution contract Corpus iuris Corpus iuris civilis courts custom Digest distinction doctrine earlier Edited effectiveness principle emperor English equity established example exemplum fact follow gloss glossators Hence hermeneutic human idea imperial important individual infra intent interpretive jurisprudence iure judicial jurists justice Justinian Justinian's lawyers legal instruments legal interpretation legal literature legal positivism legal system legal theory legal tradition leges legis legislation libra literal logical meaning metaphysics modern moral natural law notion Papinian particular perennial philosophy person philosophy political possible practical problem provisions purpose quae question quod radical rational reason Renaissance Roman law rule says sense statute things thought tion topic treatises Tribonian Ulpian University Press valid words written law