Modern French legal philosophy / by A. Fouillée, J. Charmont, L. Duguit and R. Demogue ; translated by Mrs. Franklin W. Scott and Joseph P. Chamberlain ; with an editorial preface by Arthur W. Spencer ; and with introductions by John B. Winslow and F.P. Walton.
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Publication details:
Boston : Boston Book Co., 1916.
Record id:
60710
Author:
Series:
Modern legal philosophy series ; v. 7.
Subject:
Law -- Philosophy.
Jurisprudence -- France.
Contents:
Part I : A brief survey of philosophy of law in France
(A) General characteristics of French legal thought (Alfred Fouillee)
I. The psychology of peoples and the philosophy of law
II. The French spirit and the idea of law
III. Antecedents of the philosophy of law in France
IV. The idea of law in the French philosophy of the 1800s. (B) Recent phases of French legal philosophy (Joseph Charmont)
V. The sociological or positivist school
VI. Causes and characteristics of a renascence of legal idealism
VII. Solidarism
VIII. Pragmatism
IX. Natural law with variable content
X. Free scientific research
XI. Duguit's theory of objective law
XII. Conflicts between law and the individual conscience. Part II : Some important points of view in contemporary French legal philosophy
(A) Synthesis of idealism and naturalism (Alfred Fouillee)
I. Criticism of the traditional idea of law based on free will
II. The true side of naturalism - critique of the conception of law as something in the order of nature
III. The true side of idealism- law conceived as belonging to the ideal order
IV. Scientific reconciliation of naturalism and idealism by means of the force-idea of right
V. Metaphysical hypotheses concerning the ultimate basis of law
VI. The agreement of the theory of ideal right with the force and interest theories
VII. The directive ideas and their struggle for existence - the future of tie idea of right. (B) Theory of objective law anterior to the state (Leon Duguit)
VIII. Prevailing misconceptions of the state and of law
IX. Social solidarity
X. The rule of law
XI. The state and law, as concrete facts rather than abstract conceptions. (C) Analysis of fundamental notions (Rene Demogue)
XII. The notion of law
XIII. Security
XIV. Evolution and security
XV. Economy of time and activity
XVI. Justice
XVII. Equality
XVIII. Liberty
XIX. Solidarism and the apportionment of losses
XX. The notion of general interest
XXI. Future interest
XXII. Moral interest
XXIII. Conclusion.
Note:
Includes bibliographical references and index.
Variant title:
HeinOnline Legal Classics Library collection.
Phys. description:
1 online resource (lxvi, 578 pages) : PDF