The Nature of the Law and Related Legal Writings_图书大全
The Nature of the Law and Related Legal Writings
副标题: (Collected Works of Eric Voegelin, Volume 27)
ISBN: 9780807116739
出版社: Louisiana State University Press
出版年: September 1991
页数: 155
定价: $29.95
装帧: Hardcover
内容简介
During the course of his lifelong, wide-ranging reflections on history and philosophy, Eric Voegelin naturally was drawn to speculate on the nature of law. This volume consists of many of Voegelin's significant writings in this area, most notably the previously unpublished The Nature of the Law.
Voegelin completed The Nature of the Law in 1957 while he was a member of the political science faculty of Louisiana State University and teaching a course in jurisprudence at the university's law school. In it he undertakes a philosophical analysis of the law to determine its nature, or essence, and comes to the conclusion that the law does not exist as a discrete entity but instead constitutes the structure of a society.
The law, as Voegelin's analysis reveals, is not simply the command of a Leviathan handed down to others. Nor is it simply the result of a social compact among autonomous individuals or the expressed will of a majority securing its own self-defined, immediate worldly interest. It is rather a part of the order that a society discovers and specifies for itself in the effort to secure the common good. Thus laws and legal order have an integral relation with the society that declares them, for in declaring laws the society in some sense structures itself.
Also included in this volume is Voegelin's detailed outline for the jurisprudence course he taught at LSU from 1954 to 1957. The outline was distributed to Voegelin's students but otherwise has not been published. In this outline Voegelin is concerned more with the criteria for legal order than he is with the nature of law. Voegelin also prepared for his jurisprudence course supplementary notes that are essentially a compact statement of his views on the law, and the editors have included those notes here. Finally, the book contains reviews, written by Voegelin in 1941 and 1942, of four books on legal science and legal philosophy.
作者简介
About the Author
Eric Voegelin (1901-1985) was one of the most original and influential philosophers of our time. Born in Cologne, Germany, he studied at the University of Vienna, where he became a professor of political science in the Faculty of Law. In 1938, he and his wife, fleeing Hitler, emigrated to the United States. They became American citizens in 1944. Voegelin spent much of his career at Louisiana State University, the University of Munich, and the Hoover Institution at Stanford University. During his lifetime he published many books and more than one hundred articles. The Collected Works of Eric Voegelin will make available in a uniform edition all of Voegelin's major writings.
About the Editors
Robert Anthony Pascal is professor of law emeritus at Louisiana State University.
James Lee Babin is associate professor of English at Louisiana State University and associate editor of the Henry James Review.
John William Corrington was a lawyer and also the author of many works of fiction, poetry, and criticism. He died in 1988, shortly after he began the editing of this volume.
目录
Editors' Preface ix
Editors' Introduction xiii
1. The Nature of the Law 1
2. Outline of Jurisprudence Course 70
3. Supplementary Notes for Students in Jurisprudence Course 73
4. Right and Might 84
5. Two Recent contributions to the Science of Law 87
The Theory of Legal Science : A Review 95
Index 113
