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Vol 21 No 10 Oct/Nov 2016

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The Jurists: A Critical History


ISBN13: 9780199689392
Published: October 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £63.00



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Jurists, or legal scholars, have had a profound impact on the development of the law. Their emergence can be traced back to ancient Rome and traced through the centuries to today.

Since their inception, jurists have worked in like-minded schools united by the particular project they were pursuing. The project can be described by the goal they sought and the methods they used to achieve it. These projects were heavily influenced by their historical context and as such they pursued different goals by different methods.

This proved helpful to later jurists who used the writings of previous schools to learn from both their successes and their failures. However there was one crucial element that all jurists throughout the ages have had in common: their attempts to understand and explain the law. This book is an intellectual history of the work of Western jurists from ancient Rome to the present. It describes how the law has been reshaped by the work of these successive schools.

For each school, the book introduces its emergence within its historical context, the prevailing aims and methods of scholars working in it; and its legacy for legal thought and scholarship.

Subjects:
Legal History, General Interest
Contents:
1. Ius civile: The Roman jurists
2. Ius commune: The medieval jurists
3. Ius et iustitia: The late scholastics
4. De iure civile in artem redigendo: The humanist ideal
5. Ius naturae et gentium: The jusnaturalists
6. Droit civil francais: The French altenative
7. Usus modernus pandectarum: The German-Dutch alternative
8. Mos geometricus: The coming of rationalism
9. Novus ordo: Positivism and conceptualism
10. Ubinam gentium sumus: After positivism and conceptualism