178070

Springer, Dordrecht

2016

1427 Pages

ISBN 978-94-007-1478-6

A treatise of legal philosophy and general jurisprudence 12

legal philosophy in the twentieth century: the civil law world, tome 1: language areas, tome 2: main orientations and topics

Edited by

Enrico Pattaro , Corrado Roversi

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 atall 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. 

Publication details

Full citation:

Pattaro, E. , Roversi, C. (eds) (2016). A treatise of legal philosophy and general jurisprudence 12: legal philosophy in the twentieth century: the civil law world, tome 1: language areas, tome 2: main orientations and topics, Springer, Dordrecht.

Table of Contents

Logistic normativism

Carrino Agostino

51-132

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Marxism in the philosophy of law

Carrino Agostino

223-246

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Marxism in the philosophy of law

Carrino Agostino

247-267

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Nazi philosophy of law and of the state

Carrino Agostino

269-284

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20th-century legal philosophy in France

Brunet Pierre; Champeil-Desplats Veronique; Millard Eric; Miguel Herrera Carlos; Jean Arnaud André; Halpérin Jean-Louis

411-455

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20th-century legal philosophy in Portugal

De Sousa José; Aroso Linhares José Manuel; Simões Gaudêncio Ana Margarida; Serpe Alessandro

503-530

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20th-century legal theory and philosophy in Poland

Gizbert-Studnicki Tomasz; Płeszka Krzysztof; Woleński Jan

547-586

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20th-century legal philosophy in other countries of Eastern Europe

Hasanbegović Jasminka; Padjen Ivan; Pavčnik Marijan; Bouzov Vihren; Iliescu Adrian-Paul; Tănăsescu Simina

653-694

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Sweden

Bindreiter Uta

697-737

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20th century legal philosophy in Denmark

Palmer Olsen Henrik

739-760

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Legal philosophy in the Low Countries

Van Hoecke Mark; Soeteman Arend

795-813

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Philosophy of law in Brazil in the 20th century

Porto Macedo Ronaldo; Bevilacqua Piccolo Carla Henriete

839-862

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Introduction

Viola Francesco

1065-1153

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20th-century philosophy of natural law in France

Tzitzis Stamatios; Bernard Guillaume

1175-1182

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20th-century natural law theory in Spain and Portugal

Pérez Luño Antonio-Enrique

1183-1203

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Legal positivism in the postwar debate

Barberis Mauro; Bongiovanni Giorgio

1307-1326

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Neoconstitutionalist challenges to legal positivism

Barberis Mauro; Bongiovanni Giorgio

1327-1344

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Introduction

Fittipaldi Edoardo

1361-1382

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