By Michael Lobban, Andrea Padovani, Peter G. Stein
A Treatise of felony Philosophy and common Jurisprudence is the 1st ever multivolume therapy of the problems in felony philosophy and basic jurisprudence, from either a theoretical and a ancient point of view. The paintings is geared toward jurists in addition to felony and sensible philosophers. Edited through the well known theorist Enrico Pattaro and his group this e-book is a classical reference paintings that will be of serious curiosity to criminal and functional philosophers, in addition to jurists and Philosophy of Law-scholar in any respect degrees the complete paintings is split into 3 components: - The Theoretical half (published in 2005) comprises five volumes and covers the most themes of latest debate. - The historic half involves 6 volumes and is scheduled to be released in the course of 2006 (volumes 6-8) and 2007 (volumes 8-11 and quantity 12 (index). The ancient volumes account for the advance of felony suggestion from historic Greek occasions throughout the 20th century.
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Extra resources for A Treatise of Legal Philosophy and General Jurisprudence,Vol. 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century
8) considered that the payment could be credited against any debt which the debtor could have been compelled to pay at the time when he made the payment. This sensible solution appeared to Marcian to be very elegant. To a certain extent what was elegant to a Roman jurist was a matter of individual judgment. A jurist who was particularly fond of using the term eleganter was Ulpian. No less than forty of the forty-six texts in which it appears are his. In a few of these cases, admittedly, he means little more than that he approves of the ruling which he dubs elegant.
The dispute over the age of puberty exemplifies the two contrasting approaches. An adolescent acquired legal capacity when he attained puberty, but, as the Sabinians observed, physical development varies from one adolescent to another. In their view, legal capacity must also vary, and in the case of an impotent person, the normal age will be applied. The Proculians replied that the need for certainty in the law required that there be one age for legal capacity for everyone and that for a young man it should be fourteen years, irrespective of his physical development.
If the praetor had used this power of ordering restitutio in integrum too enthusiastically, he would have undermined public confidence in the law and its forms. It is a testimony to his restraint that the power was only exercised in certain classes of cases and then only after the praetor himself had investigated the circumstances and satisfied himself of the truth of the complainant’s allegations (causa cognita). ) so that apart from such exceptional cases, the magistrate under classical law did not hear evidence or argument on the facts but confined himself to settling the terms of the formula by which the iudex was authorised to adjudicate.