内容説明
The first published anthology of British jurists and legal philosophers in the Victorian era. This facsimile set contains complete articles and chapters of books by nineteenth-century British jurists and legal philosophers. British legal philosophy from 1832 to 1900 may appear less diverse than it actually was. Analytical and historical jurisprudence, as developed by John Austin and Henry Maine, were indeed the most distinctive schools of thought, but they were by no means the only ones. Accordingly, these volumes include selections not only by Austin and Maine, but also by more obscure writers expressing quite different legal philosophies. They include contributions by proponents of natural law such as Charles James Foster and James Lorimer, defenders of the common law such as Herbert Broom, and from an advocate of a 'social science' approach: Denis C. Heron. This is the first published anthology of British jurists and legal philosophers in the Victorian era. As such, it fills a large and unfortunate gap in the literature of jurisprudence. Some of the authors influenced, or foreshadowed, a number of twentieth-century approaches to law.
In addition, the arguments of certain lesser known contributors merit much greater exposure than they have tended to receive. Finally, the sources of many of the selections are inaccessible. Either the books from which excerpts are taken are out of print, or the journals in which the articles originally appeared are defunct. The editor has contributed a general introduction, biographical notes about each author, and a bibliography. These three volumes will be of great interest to historians of ideas, law, and the nineteenth century; as well as jurists, legal philosophers, and political theorists.
目次
Volume I 1. Introduction and Bibliography 2. Austin's Legal Philosophy 3. Criticisms and Defenses of Austin 4. Post-Austinian Conceptions of 'Analytical' Jurisprudence Volume II 5. Maine's Historical Jurisprudence 6. The Common Law Approach of Herbert Broom 7. Natural Law Volume III 8. The Eclectic Approaches of James Reddie and Denis C. Heron 9. 'Fin de Siecle' Reflections
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