A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance.
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This book examines the actual practice of the interpretation of law in the Age of Enlightenment versus the ideology of the Age and explains the reason for and difference between the two. The ideology of the Age of Enlightenment was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. Yet, in deciding a case in a court of law, the law must speak with one voice, making interpretation to unify the norms inevitable. This book discusses the process involved and the role played by justification in terms of reason - the hallmark of Enlightenment.


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Unique interdisciplinary work in an unexplored field A collaboration of leading historians of European law Provides a missing link to those working in related disciplines. Historical reflection on how a governing ideology actually plays out in public institutions Provides important relevance to various disciplines related to textual interpretation
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Product details

ISBN
9789400737730
Published
2013-10-17
Publisher
Springer
Height
235 mm
Width
155 mm
Age
Research, P, 06
Language
Product language
Engelsk
Format
Product format
Heftet
Number of pages
19