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...
| Other Authors: | , , |
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| Format: | eBook |
| Language: | English |
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Dordrecht
Springer Netherlands
2011, 2011
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| Edition: | 1st ed. 2011 |
| Series: | Law and Philosophy Library
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| Subjects: | |
| Online Access: | |
| Collection: | Springer eBooks 2005- - Collection details see MPG.ReNa |
Table of Contents:
- Editors’ Preface; Morigiwa Yasutomo, Michael Stolleis, Jean-Louis Halpérin.- Foreword from the Herstec Project; Sato Shoichi
- About the Contributors
- I. Introduction.- Judicial Interpretation in Transition from the Ancien Régime to Constitutionalism; Michael Stolleis
- II. The case of France
- Legal Interpretation in France under the Reign of Louis XVI through the Gazette des Tribunaux; Jean-Louis Halpérin
- Legal Interpretation through the Case Law Book of the Parlement de Flandre; Serge Dauchy
- II. The case of Germany
- The Object of Interpretation: Legislation and Competing Normative Sources of Law in Europe during the 16th to 18th Centuries; Heinz Mohnhaupt
- The Concept and Means of Legal Interpretation in the 18th Century; Jan Schröder
- Necessity: Pandectists between Norm and Reality (1780-1870); Hans-Peter Haferkamp
- IV. The Nature of Legal Interpretation
- Interpretation by Another Name; Morigiwa Yasutomo
- What is Interpretation of the Law for the French Judge? Michel Troper
- The Craft of Interpretation ; Bradley Wendel
- Concluding Remarks
- Legal Interpretation in 18th Century Europe: Doctrinal Debates versus Political Change ; Jean-Louis Halpérin
- Index