Ebook: A Treatise of Legal Philosophy and General Jurisprudence: Vol. 9: A History of the Philosophy of Law in the Civil Law World, 1600-1900; Vol. 10: The Philosophers’ Philosophy of Law from the Seventeenth Century to our Days

TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600–1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600–1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers’ philosophy of law (let us refer to this philosophy as A).

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 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 2012/2013), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index.

Volume 9: A History of the Philosophy of Law in the Civil Law World, 1600–1900
edited by Damiano Canale, Paolo Grossi and Hasso Hofmann
Provides an in-depth study of the different ways of understanding law which were developed from the mid-17th century to the end of the 19th century by jurists and legal philosophers working in the civil-law tradition. In particular, the book collects chapters offering a systematic history of the basic legal concepts and of the disciplines that systematized them in a set form in the legal thought of Continental Europe. The first two chapters discuss the way the scientific method elaborated and firmed up by modern natural-law theory was received into European legal science in the period leading to the French Revolution, with Chapter 1 focusing on the Germanic area, and Chapter 2 instead on the French area. Chapter 3 is devoted to the European legal Enlightenment, and to the reverberations this movement had on the culture as well as on the politics of law. Chapter 4 discusses the codification of law, describing in what ways and to what degree codification shaped the structure of Europe’s legal systems and the organization of its society through law. Chapter 5 traces out the development of German legal science through the crisis of modern natural-law theory and the birth of the great European codes, considering in particular the birth of the Historical School of law and its later development with Puchta. Chapter 6 reconstructs the birth and evolution of the modern science of administration, which played a central role in helping the institutions of the modern state become woven into the social and economic fabric. Chapter 7 is dedicated to the history of European constitutionalism. Chapter 8 discusses the crisis of conceptual jurisprudence, the voluntarist and vitalistic conceptions this crisis led to, and the birth of neo-idealist movements in the late 19th and early 20th centuries.
The volume editors and contributors are international leading specialists from Italy, France, Spain, and Germany.

Volume 10: The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days
by Patrick Riley
Offers a comprehensive and original treatment of the philosophers’ philosophy of law from Grotius to the "left Kantianism" of Rawls and Habermas. The volume also discusses some "philosophers of law" who are not philosophers in a broader sense, but who cannot be omitted because certain far greater "real" philosophers would then become unintelligible. The philosophy of law is viewed in this work as a final outgrowth of a more general moral philosophy, and that moral philosophy in turn as an outgrowth of "first philosophy" (metaphysics, epistemology, theology). Special prominence is given to Leibniz, Malebranche, and Kantianism. Leibniz combines philosophical and jurisprudential greatness in a way achieved by no other. Since Leibniz has never been rendered his jurisprudential "due" in English, the present volume offers an occasion for that rectification. On the other hand, without Malebranche’s contribution, the jurisprudence of Montesquieu and of Rousseau would not exist. Finally, Kantianism is crucial not only because of its influence on early Marx, Rawls, and Habermas, but also because the central Kantian practical notions seem to be the best moral-legal principles for a contemporary, non-theocratic, non-utilitarian world. Though the volume begins mainly with the "17th century," the author nonetheless offers a "Prologue on Machiavelli." This is simply because certain later figures are hard to make intelligible without a knowledge of "Machiavelism"—this applies above all to Hobbes, Leibniz, Rousseau, Hegel, and Nietzsche.
The author is an outstanding legal and political philosopher. Pupil of Michael Oakeshott, John Rawls, Judith Shklar, Carl J. Friedrich, and Lon Fuller, he is currently professor at Harvard University.