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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 in two parts. 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 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century.
Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World
Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema's volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects-namely, legal positivism, natural-law theory, and the theory of legal reasoning-and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Auteur
ENRICO PATTARO
University of Bologna, Italy
Born in Rome on April 8, 1941. Graduated summa cum laude in law from the University of Bologna, 1964, with a dissertation on Hans Kelsen and Alf Ross. Libero docente (Habilitationsschrift) in the philosophy of law, 1971. Was awarded a position as full professor in legal philosophy through a national 1975 competition for a professorship in Italy. Tenured professor in legal philosophy at the Bologna University School of Law. Served as dean of the Bologna University School of Law from 1977 to 1979, and then as member of the Bologna University Board of Directors from 1980 to 1989.
Main research fields: Legal philosophy, general jurisprudence, the history of legal ideas, and computer science and law. Author of over two hundred publications. Main speaker at national and international conferences. Invited speaker at universities in Western and Eastern Europe, Latin America, and the United States.
Promoted (with others) and served as member of the Ph.D. programme in Analytic Philosophy and Legal Theory of the University of Milan. Coordinator: Uberto Scarpelli.
Served as member of the International Statutory Interpretation Project, Cornell University School of Law, USA. Coordinators: Neil MacCormick (University of Edinburg, UK) and Robert S. Summers (Cornell University, USA).
Founded CIRSFIDBologna University Interdisciplinary Centre for Research in the History, Sociology, and Philosophy of Law and in IT Law and Legal Informaticsserving as the centre's director from 1986 to 1999, and from 2006 to the present.
Served as member of the advisory board of the Center for Semiotic Research in Law, Government, and Economics, Pennsylvania State University, Reading, Pa. Founder: Roberta Kevelson.
Founded Ratio Juris: An International Journal of Jurisprudence and Philosophy of Law (Oxford and Cambridge, Mass.: Basil Blackwell), serving as editor-in-chief from 1987 to 2001. *Original Committee of Advisors: Hans Albert (University of Mannheim, Germany), Norberto Bobbio (University of Turin, Italy), H. L. A. Hart (University of Oxford, UK), and Georg H. von Wright (Finnish Academy of Science, Finland). Current Committee of Advisors: Hans Albert (University of Mannheim, Germany), Ronald Dworkin (University College London, UK), Enrico Pattaro (University of Bologna, Italy), and John Searle (University of California at Berkeley, USA).
Cofounded the European Association for the Teaching of Legal Theory, based in Brussels, and have since sat on the board of directors.
Founded the Bologna University Ph.D. Programme in Legal Informatics and Information-Technology Law, serving as coordinator until 2000.
1989present. Member of the Bologna Academy of Sciences.
1989present. Served as member of the advisory committee of the Istituto de Derechos Humanos Bartolomé de las Casas, Universidad Carlos III de Madrid, Madrid. Founder: Gregorio Peces-Barba (Spain).
1992present. Served as member of the advisory committee of Anuario de Filosofía Jurídica y Social, Sociedad Chilena de Filosofía Jurídica y Social, Valparaiso (Chile).
1992present. Served as member of the editorial board of Artificial Intelligence and Law, BerlinDordrechtHeidelbergNew York: Springer.
Served as president of IVR, Internationale Vereinigung für Rechts- und Sozialphilosophie (International Association for the Philosophy of Law and Social Philosophy), founded in 1909. Vice presidents during the same period: Eugenio Bulygin (Argentina), Mikael Karlsson (Iceland), Rex Martin (USA), and Aleksander Peczenik (Sweden).
Chaired the Jurists' Team of the Euro Committee appointed by the Italian government to draft the statutory instruments and delegated legislation on the changeover to a single European currency (the euro).
Conceived and carried out the Irnerius Project, digitally reproducing and making available on the Web the medieval glossators' and commentators' manuscript codices of the Reale Collegio di Spagna in Bologna (the database is online at http://irnerio.cirsfid.unibo.it and now counts 138,908 leaves).
1999present. Honorary president of IVR, Internationale Vereinigung für Rechts- und Sozialphilosophie (International Association for the Philosophy of Law and Social Philosophy), founded in 1909.
Contenu
12.1.- A Note on the Authors.- Preface by the Editors of Volume 12; Enrico Pattaro and Corrado Roversi.- Enrico Pattaro and Corrado Roversi.-Part One - German-Speaking Countries.- Premise; Agostino Carrino and Hasso Hofmann.- Introduction: Philosophy of Law and Conceptions of the World; Agostino Carrino.- Chapter 1 - The Rebirth of Legal Philosophy within the Frame of Neo-Kantianism; Agostino Carrino.- Chapter 2 - Logistic Normativism: The Wiener rechtstheoretische Schule; by Agostino Carrino.- Chapter 3 - The Sociological Philosophy of Law as an Alternative to Normativism; Agostino Carrino.- Chapter 4 - From Criticism to the Phenomenology of Law; Giuliana Stella.- Chapter 5 - From the Criticism of Neo-Kantianism to Neo- Hegelianism in the Philosophy of Law; Agostino Carrino.- Chapter 6 - Law and the State in the Conservative Revolution; Agostino Carrino.- Chapter 7 - Marxism in the Philosophy of Law; Agostino Carrino.- Chapter 8 - From Normto Decision to the Concrete Order: The Legal Philosophy of Carl Schmitt; Agostino Carrino.- C…