Rational Individualism

The Perennial Philosophy of Legal Interpretation


This book is a study of the theory of legal interpretation that underlies the legal systems of Europe, England, and the United States. The principles of interpretive jurisprudence are traced through Greek and Latin philosophers and legal theorists and Renaissance Italian glossators and commentators. In addressing human nature, these principles have a self-sustaining logical integrity. They are defensible as a worthy tradition of legal respect for the value of the individual.

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”… worthwhile and interesting.” in: International Studies in Philosophy, Vol. XXIX/4
Editorial Foreword. ONE Introduction. 1. Alternatives in the Philosophy of Law. 2. General Principles and Particular Cases. 3. Law and Equity in Classical Philosophy. 4. The Development of Roman Jurisprudence. TWO The Classical Legal Texts on Interpretation. 1. Justinian's Digest. 2. Implications of the Editorial Process. THREE The Reconstruction of Roman Jurisprudence. 1. The Rediscovery of the Texts. 2. The Glosses on D.1,3-4. FOUR The Continental Tradition. 1. Results of the Glossators' Work. 2. The Commentaries and Consilia of Bartolus. 3. Italian Law and Politics. 4. Renaissance Treatises on Interpretation. 5. Humanists, Nationalists and Vernacular Codes. FIVE The Anglo-American Tradition. 1. The Relationship Between English and Continental Systems. 2. Glanvill, Bracton and Early Practices in Jurisprudence. 3. Equity and Law Under the Tudors and Stuarts. 4. Modern Anglo-American Theory. SIX Philosophical Implications of the Tradition. 1. Metaphysical Thesis in Jurisprudence. 2. The Modern Rejection of Traditional Metaphysics. 3. The Persistence of Traditional Jurisprudence. SEVEN The Rational Strength of the Tradition. 1. Self-Sustaining Principles. 2. Philosophical Consequences of Interpretive Jurisprudence. 4. Constitutive Jurisprudence. 5. The Logical Basis of Interpretive Jurisprudence. EIGHT Contemporary Issues. 1. Constitutional Interpretation. 2. Law, Literature and Philosophy. Bibliography. Appendix: Latin Texts of the Glosses. About the Author. Legal References. Index.
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