By Pierre Legrand, Roderick Munday
ISBN-10: 0511522266
ISBN-13: 9780511522260
ISBN-10: 0521818117
ISBN-13: 9780521818117
Those fourteen essays current an authoritative overview of the present nation of comparative felony experiences. With backgrounds in legislation, political technology, sociology, background and anthropology, the participants research comparative law's highbrow traditions; the strengths and failings of its methodologies; and, most significantly, destiny instructions the topic is probably going to take. This finished examine of the philosophical and methodological foundations of comparative legislation is a publication with principles and arguments each comparatist student is interested in.
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Additional info for Comparative Legal Studies: Traditions and Transitions
Example text
94, a. 4. See Franc¸ois Terr´e, Philippe Simler and Yves Lequette, Droit civil: les obligations, 7th ed. (Paris: Dalloz, 1999), no. 441, pp. 428–30. French Code civil, art. 1134. 40 james gordley Court protects freedom of expression zealously. 39 Nevertheless, there are situations in which a rule-maker may want judges to follow a principle invariably, as though it were all that matters, even if it is not. Where there is no clear rule, deviations from the principle create uncertainty, even though the deviations are necessary to reach the right result in particular cases.
By R. Rhees (Oxford: Blackwell, 1964), p. 87. ’ 28 roderick munday single participant appeared ever to have previously met all the others. As Wittgenstein noted, no single fibre runs its entire length, yet the rope is strong. Although unanimity of opinion was absent on many matters, the sense of common enterprise never flagged. Whatever the perceived failings of this undertaking may turn out to be, fifteen academics shared five intense and profitable days in Cambridge in July 2000 meditating and controverting the intellectual foundations of comparative legal studies.
It would seem that the choice between them must be a matter of indifference. To see why that is not so for Aristotle and Aquinas, we must come back to their idea of how people make choices. As noted earlier, when people choose, they exercise the virtue of ‘prudence’. 46 When an action contributes in one way and detracts in another way from such a life, prudence enables a person to weigh the good and bad consequences. Of course, he may be mistaken. He may see only the contribution that the action makes to his life and think it is all that matters or he may exaggerate the extent to which it contributes.