Hegel and Legal Theory


Book Description

The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.




Legal Philosophy from Plato to Hegel


Book Description

Originally published in 1949. Huntington Cairns identifies the views that major Western philosophers took on law, the problems they considered significant about law, and the nature of the solutions they proposed. This book develops ideas discussed in Cairns' Law and the Social Sciences (1935) and Theory of Legal Science (1941). The object of these three volumes is the same: to construct the foundation of a theory of law that is the necessary antecedent to a possible jurisprudence. The inventory of philosophers that Cairns examines includes Plato, Aristotle, Cicero, Aquinas, Hobbes, Spinoza, and Hegel.




Hegel and Law


Book Description

With a selection of essays chosen from a wide range of possible candidates this collection strikes an optimal balance between direct relevance to controversies and rigorous contributions from Hegelian scholarship with regard to Hegel and the law.




Hegel's Laws


Book Description

An introduction to Hegel's ideas on the nature of law. This book takes readers through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, and international law.




Eduard Gans and the Hegelian Philosophy of Law


Book Description

This volume provides the first sustained treatment of the legal theory of Eduard Gans (1789--1839) and the first translation of Gans's Systems of Roman Civil Law in Outline (1827). Hegel's close personal friend and recognized leader of the Hegelian movement, Gans posthumously edited Hegel's Philosophy of Law and Philosophy of History. As Professor of Law in Berlin, Gans championed legal codification in opposition to Savigny and the Historical School of Jurisprudence. Hoffheimer argues that Gans's legal writings, especially his systematic exposition of Roman Law, combined a brilliant application of Romanist legal scholarship with a creative, original vision of Hegelian methodology. The teacher of Karl Marx and Felix Mendelssohn, Gans promoted a liberal interpretation of Hegel and influenced an important generation of German thinkers.




The Laws of the Spirit


Book Description

Drawing from a variety of Hegel's writings, Shannon Hoff articulates a theory of justice that requires answering simultaneously to three irreducibly different demands: those of community, universality, and individuality. The domains of "ethicality," "legality," and "morality" correspond to these essential dimensions of human experience, and a political system that fails to give adequate recognition to any one of these will become oppressive. The commitment to legality emphasized in modern and contemporary political life, Hoff argues, systematically precludes adequate recognition of the formative cultural contexts that Hegel identifies under the name of "ethical life" and of singular experiences of moral duty, or conscience. Countering the perception of Hegel as a conservative political thinker and engaging broadly with contemporary work in liberalism, critical theory, and feminism, Hoff focuses on these themes of ethicality and conscience to consider how modern liberal politics must be transformed if it is to accommodate these essential dimensions of human life.




Hegel's Theory of Responsibility


Book Description

The first book-length treatment of a central concept in Hegel's practical philosophy - the theory of responsibility. This theory is both original and radical in its emphasis on the role and importance of social and historical conditions as a context for our actions.




The Founding Act of Modern Ethical Life


Book Description

It is well known that Hegel conceives of history as the gradual process of rational thought and of forms of political life. But he is usually thought to place himself at the end of this process. This book argues that an essential part of Hegel's historical-political thinking has escaped the notice of its interpreters.




The Actual and the Rational


Book Description

One of Hegel’s most controversial and confounding claims is that “the real is rational and the rational is real.” In this book, one of the world’s leading scholars of Hegel, Jean-François Kervégan, offers a thorough analysis and explanation of that claim, along the way delivering a compelling account of modern social, political, and ethical life. ?Kervégan begins with Hegel’s term “objective spirit,” the public manifestation of our deepest commitments, the binding norms that shape our existence as subjects and agents. He examines objective spirit in three realms: the notion of right, the theory of society, and the state. In conversation with Tocqueville and other theorists of democracy, whether in the Anglophone world or in Europe, Kervégan shows how Hegel—often associated with grand metaphysical ideas—actually had a specific conception of civil society and the state. In Hegel’s view, public institutions represent the fulfillment of deep subjective needs—and in that sense, demonstrate that the real is the rational, because what surrounds us is the product of our collective mindedness. This groundbreaking analysis will guide the study of Hegel and nineteenth-century political thought for years to come.




Hegel's Concept of Action


Book Description

This book is an important gateway through which professional analytic philosophers and their students can come to understand the significance of Hegel's philosophy for contemporary theory of action. As such it will contribute to the erosion of the sterile barrier between the continental and analytic approaches to philosophy. Michael Quante focuses on what Hegel has to say about such central concepts as action, person and will, and then brings these views to bear on contemporary debates in analytic philosophy. Crisply written, this book will thus address the common set of preoccupations of analytic philosophers of mind and action, and Hegel specialists.