This unique publication outlines the development of legal theory from pre-Roman times through the twentieth century. It relates the evolution of legal theory to parallel developments in political theory and history. This work also discusses the relevant contemporary events in politics, economics, and religion. Each chapter begins with a synopsis of related historical background for the period, going on to discuss how these events are related to political and legal theory as well as how they become an influence on one another. Avoiding the conventional approach of "traditions" or "schools" of thought, this work aims to anchor legal theory to contemporary general history.
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Editorial Reviews
Review
"Kelly brings to these subjects not only a wide and deep scholarship but also the breadth of an extraordinary political and literary career....Especially valuable is his discussion of the jurisprudence of ancient Greece and Rome....Kelly's discussion of contemporary jurisprudential debates is also noteworthy. He gives a brilliant analysis of H.L.A. Hart's critique of previous versions of legal positivism and of the critical responses which Hart's work has provoked from Ronald Dworkin and others."--American Journal of Legal History
"A triumphant final work, one that fairly illustrates the breadth of Kelly's learning and the sharpness of his wit. This is a history of Western legal theory meant for the student and teacher alike, and its crispness of style and clarity of thought make it uniquely suitable for both audiences....This is a magisterial book, full of wisdom and compassion."--Choice
"Masterful in brevity but comprehensive in breadth....Kelly's style and easy wisdom--drawn from history and literature, philosophy, the classics, the law, and buttressed by a facility with diverse modern and ancient languages--effectively disarm a skeptical reviewer. That this is the work of a wise and thoughtful person is evident from the earliest pages."--Law and History Review, Vol. 12, No. 1, Spring 1994
About the Author
John M. Kelly, who died in January 1991, was a Fellow of Trinity College Oxford (1961-65) and Professor of Roman Law and Jurisprudence at University College Dublin (1965-91). He became a Senator in 1969 and served as a Deputy from 1973 to 89. He held several posts in the Irish government, including that of Attorney-General.
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14 of 15 people found the following review helpful:
5.0 out of 5 stars
Excellent primer on theory, more historical than legal.,
By A Customer
This review is from: A Short History of Western Legal Theory (Hardcover)
This is a fabulous book. It begins with early concepts from ancient Greece, lays out the fundamental differences between "natural law" and "the law of the real world," then extends the history of legalistic ideas through the Roman epoc, middle ages, etc. The book identifies the bases of difference between the legal systems of the west and those of communist states, e.g., common law and code law vs. Marxist law. It fully describes the influence of Christianity on western legal thinking. There are "plots" and "sub-plots" in this book that are absolutely fascinating. Finally, it is deliciously written; for those who truely appreciate the english language.
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Inside This Book
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First Sentence:
The reason why Greece has a special place in the history of civilization is not merely that most departments of literature and the visual arts were there raised to levels which later ages agreed to regard as classical, that is, as permanent standards of excellence. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
closing middle ages, legislative justice, civic existence, ius gentium, medieval theory, historical jurisprudence Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Western Europe, Laws of Ecclesiastical Polity, Nicomachean Ethics, Two Treatises, Second World War, Supreme Court, Federalist Papers, Twelve Tables, High Court, Soviet Union, House of Commons, Jeremy Bentham, Philosophy of Right, Christian Wolff, Church Fathers, Frederick the Great, Irish Affairs, North America, Stuart Constitution, Western Roman, Justinian's Digest, Medieval Political Thought, Protestant Reformation, Thirty Years War New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
The reason why Greece has a special place in the history of civilization is not merely that most departments of literature and the visual arts were there raised to levels which later ages agreed to regard as classical, that is, as permanent standards of excellence. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
closing middle ages, legislative justice, civic existence, ius gentium, medieval theory, historical jurisprudence Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Western Europe, Laws of Ecclesiastical Polity, Nicomachean Ethics, Two Treatises, Second World War, Supreme Court, Federalist Papers, Twelve Tables, High Court, Soviet Union, House of Commons, Jeremy Bentham, Philosophy of Right, Christian Wolff, Church Fathers, Frederick the Great, Irish Affairs, North America, Stuart Constitution, Western Roman, Justinian's Digest, Medieval Political Thought, Protestant Reformation, Thirty Years War New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 58
books:
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27
books
cite this book:
See all 27 books citing this book
- Concept of Law (Clarendon Law Series ) by Hart H. L. A on 7 pages
- Taking Rights Seriously by Ronald Dworkin on page 407, and page 426
- Against the Current: Essays in the History of Ideas by Isaiah Berlin on page 172, and page 272
- Commentaries on the Laws of England: A Facsimile of the First Edition of 1765-1769, Vol. 1 by William Blackstone on page 256, and page 259
- Austin: The Province of Jurisprudence Determined (Cambridge Texts in the History of Political Thought) by John Austin on page 313, and page 346
See all 58 books this book cites
- The Historical and Institutional Context of Roman Law by George Mousourakis on page 33, page 442, and Back Matter
- The Historical and Institutional Context of Roman Law by George Mousourakis on page 33, page 442, and Back Matter
- The Global Commons: An Introduction by Susan J. Buck on page 36, page 37, and Back Matter
- Law and Theology in the Middle Ages by G.R. Evans in Back Matter (1), and Back Matter (2)
- American Legal Thought from Premodernism to Postmodernism: An Intellectual Voyage by Stephen M. Feldman in Back Matter (1), and Back Matter (2)
See all 27 books citing this book
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