The Gift of Science
The display of learning and the detailed analyses make for an impressive package. This insightful and provocative history of modern legal science aims to explain how this fundamental change in the nature of law occurred. Having lost its traditional foundations in natural law, religion, and custom, the essence of modern positive law is its need for scientific justification. I recommend it highly.
The Gift of Science: Leibniz and the Modern Legal Tradition - Roger Berkowitz - Google Книги
A New York Times feature on the entrenched poverty of increasing numbers of American workers highlighted the research of Evelyn Nakano Glenn in Forced to Care , noting the many Americans who work in the service sector for dismally low wages but whose additional, off-the-books service to ailing or aging loved ones goes unrecognized and unsupported.
The digital Loeb Classical Library loebclassics. Our recent titles are available via Edelweiss. Visit our multimedia page for video about recent projects and interviews with HUP authors. Anthony Sebok, Brooklyn Law School Roger Berkowitz presents a provocative intellectual history of the idea of legal science in Germany from Leibnitz to the great codification of German private law.
Arguing that law in the modern era has undergone a momentous transformation, he suggestively ties together Leibniz's hitherto almost ignored legal writings, the rise of the notion of positive law grounded in will, the controversy about codification, and the reconceptualization of law as the product of a special kind of science. Berkowitz's account will fascinate both those interested in law's past and those concerned about law's present. Readers interested in philosophy, political theory, and legal theory will find in The Gift of Science a provocative and stimulating account of the nitty-gritty dynamics by which modern legal science became what it is.
The book is written with clarity and rigor, it is erudite and forcefully argued, and provides a powerful defense of the importance of the metaphysical conceptions at work in what look to be the more mundane aspects of our lives. Dan Silver Foundations of Political Theory In his highly erudite new book, Roger Berkowitz identifies a fundamental problem at the heart of the modern legal order: The range and difficulty of the material that Berkowitz examines in his account of codification is extraordinary He provides careful readings of primary texts both famous and obscure, supporting his conclusions with his own translations from the original Latin, German, and French texts.
The display of learning and the detailed analyses make for an impressive package.
Once the embodiment of humanity's highest moral ideals, the law has become a mere tool for the pursuit of social and economic interests. This insightful and provocative history of modern legal science aims to explain how this fundamental change in the nature of law occurred. Berkowitz argues that this transformation was ultimately the result of Leibniz's attempt to save law from a crisis of authority by bringing it within the scope of his scientific metaphysics Berkowitz's narrative encourages a new understanding of the nature of modern legal positivism.
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Having lost its traditional foundations in natural law, religion, and custom, the essence of modern positive law is its need for scientific justification. Berkowitz's account of the transformation of law from a moral entity into a technical object explains why contemporary jurists tend to disregard the ontological question of law--what is law? Mathias Review of Metaphysics What Berkowitz has done is to contribute to a fuller appreciation of Leibniz' astounding genius by illuminating this other unknown area of his endeavour: I recommend it highly.
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Read more Read less. Customers who viewed this item also viewed. Page 1 of 1 Start over Page 1 of 1. Review This is a remarkably courageous book because it unwaveringly stays with fundamental questions about the nature of justice, without allowing issues of law, fairness, efficiency or legitimacy to serve as adequate substitutes for pursuing such questions. Harvard University Press October 30, Language: Related Video Shorts 0 Upload your video. Share your thoughts with other customers.
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