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 2015), 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 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics
2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi
Volume 6 is the first of the Treatise's historical volumes (following the five theoretical ones) and is dedicated to the philosophers' philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics (Chapter 14, by Annabel Brett) and an epilogue (by Carrie-Ann Biondi) on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes.
A Note on the Authors.- General Editor's Preface to the Historical Volumes of the Treatise; Enrico Pattaro.- Preface by the Editors of Volume 6; Fred D. Miller, Jr., and Carrie-Ann Biondi.- Abbreviations.- Prologue - Near Eastern Antecedents of Western Legal Thought; Fred D. Miller, Jr..- Further Reading.- Chapter 1 - Early Greek Legal Thought; Michael Gagarin and Paul Woodruff.- Chapter 2 - Socrates and Early Socratic Philosophers of Law; Richard F. Stalley and Roderick T. Long.- Chapter 3 - Platonic Philosophy of Law; Richard F. Stalley.- Chapter 4 - Aristotle's Philosophy of Law; Fred D. Miller, Jr..- Chapter 5 - Hellenistic Philosophers of Law; Roderick T. Long .- Chapter 6 - Law in Roman Philosophy; Brad Inwood and Fred D. Miller, Jr..- Chapter 7 - Early Jewish and Christian Legal Thought; Fred D. Miller, Jr..- Chapter 8 - The Philosophy of Law in the Writings of Augustine; Janet Coleman.- Chapter 9 - Philosophy of Law in Medieval Judaism and Islam; Charles E. Butterworth.- Chapter 10 - The Revival of Roman Law and Canon Law; Thomas M. Banchich, John Marenbon, and Charles J. Reid, Jr..- Chapter 11 - The Rise of Scholastic Legal Philosophy; John Marenbon.- Chapter 12 - The Philosophy of Law of Thomas Aquinas; Anthony J. Lisska.- Chapter 13 - Philosophy of Law in the Later Middle Ages; Anthony J. Lisska and Brian Tierney.- Chapter 14 - Later Scholastic Philosophy of Law; Annabel Brett.- Epilogue - The Legacy of Ancient and Medieval Legal Thought for Modern Legal Philosophy; Carrie-Ann Biondi.- Further Reading.- Bibliography.- Index of Subjects.- Index of Names.