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Contemporary German Legal Philosophy makes the major schools of thought in German legal scholarship since World War II available to an English-speaking audience.
James Herget explains to American legal scholars and students the main points of the characteristic legal philosophy that has developed in the German-speaking world since World War II. After a historical introduction and overview, he discusses critical rationalism, discourse theory, rhetorical theory, systems theory, and institutional legal positivism. He concludes with a general assessment and appends biographical information. Written for American legal scholars and students, who traditionally are exposed only to filtered versions of comparative legal traditions, this volume introduces a new world of legal theory that resonates within the context of other contemporary disciplines and German intellectual history.
A Solid Introduction to Legal Philosophy This lucid, wide-ranging account traces the evolution of the philosophy of law and offers an introduction to its primary authors. Berolzheimer is especially interested in the law's ability to serve as a progressive humanitarian force. This is evident, for example, in the contribution it has made to the emancipation of repressed social classes. "These fundamental questions are discussed by Dr. Berolzheimer in a work of remarkable learning... I have before me as I write the works of Stahl, Krause, and Lasson, dealing with the Philosophy of Law. They are not comparable with this volume in point of research." --Sir John Macdonell, Introduction, xxix Fritz Berolzheimer [1869-1920] was a German legal philosopher and author of the five-volume System der Rechts- und Wirtschaftsphilosophie (1904-07). This work is the second volume of that set. He was managing editor of the important philosophy of law journal, "Archiv für Rechts-und Wirtschaftsphilosophie" and president of the International Society of Legal and Economic Philosophy in Berlin. Rachel Szold Jastrow [d. 1926] was a suffragist and sister of Henrietta Szold, founder of Hadassah, the Women's Zionist Organization of America. Her husband, Joseph Jastrow, was a professor of psychology at the University of Wisconsin. Sir John Macdonell [1846-1921] was an eminent British jurist and Quain Professor of Comparative Law at University College, London. Albert Kocourek [1875-1952] was a Professor of Law at Northwestern University. CONTENTS Introduction Ch. I. Origins of Oriental Civilization Ch. II. The Ancient Commonwealth: Greek Civilization Ch. III. The Civic Empire of Ancient Rome and the Moralization of Roman Law Ch. IV. The Bondage of Mediævalism Ch. V. Civic Emancipation: The Rise and Decline of "Natural Law" Ch. VI. The Emancipation of the Proletariat. Encroachment upon the Philosophy of Law by Economic Realism Ch. VIII. The Sociological Reconstruction of Legal Philosophy