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A Treatise of Legal Philosophy and General JurisprudenceThe Metaphysical Thought of Late Medieval Jurisprudence

A Treatise of Legal Philosophy and General Jurisprudence: The Metaphysical Thought of Late... [Whereas the Roman jurists of Antiquity, in line with the pragmatism of their law, were not inclined to address complex questions of natural philosophy, the glossators and commentators of late medieval jurisprudence displayed a radically different attitude. In doing so, they implemented a change of greatest importance in the history of juridical thought. What follows is an attempt to identify some of the metaphysical queries faced by the medieval jurists. I am aware that, for the moment, the intricacy and novelty of the argument, as well as the massive number of juridical works produced between the twelfth and sixteenth centuries, do not allow me to offer definitive conclusions. For each of the themes and questions to be discussed in the present essay, I have therefore consulted only a limited number of sources. In my mind, the selected documentation is particularly apt to illustrate the principal issues. Still, there is much that remains to be done. My interpretations do not preclude further investigation, nor do they cover many of the different approaches.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Treatise of Legal Philosophy and General JurisprudenceThe Metaphysical Thought of Late Medieval Jurisprudence

Editors: Padovani, Andrea; Stein, Peter G.
Padovani, Andrea
A Treatise of Legal Philosophy and General Jurisprudence — Mar 13, 2015
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Publisher
Springer Netherlands
Copyright
© Springer Science+Business Media Dordrecht 2007
ISBN
978-94-017-9878-5
Pages
31 –78
DOI
10.1007/978-94-017-9880-8_2
Publisher site
See Chapter on Publisher Site

Abstract

[Whereas the Roman jurists of Antiquity, in line with the pragmatism of their law, were not inclined to address complex questions of natural philosophy, the glossators and commentators of late medieval jurisprudence displayed a radically different attitude. In doing so, they implemented a change of greatest importance in the history of juridical thought. What follows is an attempt to identify some of the metaphysical queries faced by the medieval jurists. I am aware that, for the moment, the intricacy and novelty of the argument, as well as the massive number of juridical works produced between the twelfth and sixteenth centuries, do not allow me to offer definitive conclusions. For each of the themes and questions to be discussed in the present essay, I have therefore consulted only a limited number of sources. In my mind, the selected documentation is particularly apt to illustrate the principal issues. Still, there is much that remains to be done. My interpretations do not preclude further investigation, nor do they cover many of the different approaches.]

Published: Mar 13, 2015

Keywords: Primary Substance; Twelfth Century; Mathematical Entity; Secondary Substance; Single Thing

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