Interpretation of Law in the Age of Enlightenment From the Rule of the King to the Rule of Law

This book examines the actual practice of the interpretation of law in the Age of Enlightenment versus the ideology of the Age and explains the reason for and difference between the two. The ideology of the Age of Enlightenment was that law, i.e., the will of the sovereign, can be explicitly and app...

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Bibliographic Details
Other Authors: Morigiwa, Yasutomo (Editor), Stolleis, Michael (Editor), Halperin, Jean-Louis (Editor)
Format: eBook
Language:English
Published: Dordrecht Springer Netherlands 2011, 2011
Edition:1st ed. 2011
Series:Law and Philosophy Library
Subjects:
Law
Online Access:
Collection: Springer eBooks 2005- - Collection details see MPG.ReNa
Description
Summary:This book examines the actual practice of the interpretation of law in the Age of Enlightenment versus the ideology of the Age and explains the reason for and difference between the two. The ideology of the Age of Enlightenment was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. Yet, in deciding a case in a court of law, the law must speak with one voice, making interpretation to unify the norms inevitable. This book discusses the process involved and the role played by justification in terms of reason - the hallmark of Enlightenment
Physical Description:XIX, 193 p online resource
ISBN:9789400715066