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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.
This book explores the peculiarities of the Bishopric of Calahorra’s eleventh- and twelfth-century institutional development, and their profound relationship to the see’s location on a highly volatile frontier between the emergent and fiercely competitive Christian kingdoms of north-eastern Iberia.
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Male-male rivalry and female passive choice, the two principal tenets of Darwinian sexual selection, raise important ethical questions in The Descent of Man--and in the decades since--about the subjugation of women. If female choice is a key component of evolutionary success, what impact does the constraint of women's choices have on society? The elaborate courtship plots of 19th century Spanish novels, with their fixation on suitors and selectors, rivalry, and seduction, were attempts to grapple with the question of female agency in a patriarchal society. By reading Darwin through the lens of the Spanish realist novel and vice versa, Travis Landry brings new insights to our understanding of both: while Darwin's theories have often been seen as biologically deterministic, Landry asserts that Darwin's theory of sexual selection was characterized by an open ended dynamic whose oxymoronic emphasis on "passive" female choice carries the potential for revolutionary change in the status of women.
This book recovers the lost history of Spanish socialism during the turbulent years of the Civil War (1936-39). Just as the energy of the socialist movement had sustained the pre-war Second Republic as an experiment in reform, so too it underwrote the Republican war effort in the crucial years of the conflict which would determine Spain's long-term future. Leading Socialist Party (PSOE) cadres formed the bedrock of the government, while thousands of Party and union militants helped bear the tremendous weight of the war effort. The role of the PSOE in the construction of Republican political unity during the Civil War was pivotal. Yet, paradoxically, previous accounts of wartime Republican politics have virtually written the PSOE out of the script by concentrating exclusively on the fierce ideological dispute between anarchists and communists. But the key issues of revolution and State power marked all the forces in Republican Spain, none more so than the Socialist movement. As the traditional party of the working class and the only mass party in Spain as late as 1931, PSOE militants were to be found on both sides of the revolutionary/reformist divide which split fatally the Republican forces during the Civil War. The PSOE's disintegration was a function of that of the Republic itself; but the reverse was no less true. The book investigates the responses of organised socialism to the complex issues raised by the conflict, as it charts the PSOE's devastating experience of political power and desperate crisis in a war it could not win.