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Arte breve de la invención del derecho

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Book Series: Historia del Derecho ISSN: 22555137 ISBN: 9788490854679 Year: Volume: 37 Pages: 233 Language: Spanish
Publisher: Universidad Carlos III de Madrid. Figuerola Institute of Social Science History
Subject: Law
Added to DOAB on : 2015-07-20 11:36:19
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Este libro contiene el Arte breve de la invención del derecho, la traducción al español de Ars brevis quae est de inventione iuris, la última obra de Ramon Llull dedicada a la aplicación de su Arte al derecho, escrita en 1308. En esta obra, tal y como sostiene Rafael Ramis Barceló en el Estudio Preliminar a la misma, Llull intentó transformar, hasta cierto punto, su Arte en una teoría de la argumentación, adoptando tanto conceptos de la filosofía aristotélica como algunos casos de derecho civil y canónico procedentes del acervo del ius commune. El interés de este tratado luliano radica, entre otras muchas cosas, en la exposición de un método jurídico radicalmente distinto del que cultivaban los legistas y canonistas de su época, y que era capaz de mostrar algunas de las debilidades epistemológicas y argumentativas del saber jurídico y de su enseñanza a comienzos del siglo XIV. = This book contains Arte breve de la invención del derecho, the translation into Spanish of Ars brevis quae est inventione iuris, the last work written by Raimundus Lullus dedicated to the application of his Art to the Law (1308). In this work, according to the Preliminary Study written by Rafael Ramis Barceló, Llull sought to transform, to some extent, his Art on a theory of argumentation, using concepts from the Aristotelian philosophy as some cases of civil and canon law from the ius commune. The interest of this Lullian treatise is based, among other things, on the exhibition of a legal method radically different from the methodology of lawyers and canonists of his time. And Lullus’ method was able to show some of the epistemological and argumentative weaknesses of legal knowledge and of teaching of Law in the early fourteenth century.

Teleologie und politische Vernunft

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ISBN: 9783789077814 Year: Pages: 443 Seiten DOI: 10.26530/OAPEN_574812 Language: German
Publisher: Nomos Grant: Austrian Science Fund - D 3398
Added to DOAB on : 2015-09-08 11:01:16
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This book describes stages of development of the conception of an ideal republic that is fundamentally based on practical reason. It is widely understood that this conception is paradigmatically represented in the political thought of Aristotle and conveyed by its reception by Thomas Aquinas. This early concept of a liberal republic - which is in some ways certainly marked by the constraints of ancient philosophy on the whole, is even considered to have contributed to the development of the modern state and its instruments of political reason.Part 1 presents Aristotle's conception of "civil society" which is built upon man in his specific nature of humanity. From this point of view "political" government is intrinsically related to the mutual recognition of free and equal fellow citizens. Thus establishes a strict standard of criticism of any arbitrary or illegitimate presumption of political power. Nevertheless, Aristotle's "Republic" relies on limiting conditions of political subsistence as they arise from a specific ancient point of view that sets a clear limit to our modern expectation of freedom and equality. Above all, subjectivity, at least the perfection of virtuous citizenship, is supposed to be indispensably linked to a specific political, institutional and moral framework. This framework is derived from Aristotle's concept of "teleology", which pervades his whole philosophy. Therefore, Aristotle's approach shall be investigated in a most complex and comprehensive way in its close systematic link to all fields of philosophy, including practical reason, physics and metaphysics, in order to enable a most distinct historical judgement that will also finally reveal its actual significance. E.g. Aristotle's concept of teleology, though introduced by the investigation of "natural movement", is also applied to his ethics of practical reason. This does not imply, however, any dependence of law or politics on natural goals, but only reclaims a fundamental structural analogy between both, nature and habits, while adhering to their clear methodological separation.Part 2 is devoted to elaborate the systematic transformations and shifts of emphasis that have occurred, when Aristotle's concept of teleology and practical reason - within the work of Thomas Aquinas - encountered the specific philosophical demands and the different approach of Christian tradition. As a religion that is concerned with the view of eschatological anticipation and the experience of historical revelation, Christianity turned out to introduce a first perspective of "historical" thinking that was aimed to partly break down the more restricted ancient concept of ethics and politics. Being however constrained to a mere theological explanation, freedom of man is gaining a more universal and transcendent notion. The fulfilment of human nature is basically detached from its ancient close link to politics. But this development also changes the significance and the structures of the political and public sphere. It turns out to weaken and dilute the institutional achievements of the aristotelian republic. On the other hand the new resort to the universal demand of the transcendent "common good" as the ultimate goal of human life, rather than to the developed customs of the ancient city, also favours a process of accelerating and diversifying individual and social human goals and practices. And this development focuses the status of Aquinas' concept of the "Law" that however transcends a mere authoritarian or "material" notion of ethics and law. Furthermore it takes over the legitimising tasks of the ancient community of free and virtuous citizens in procuring a legitimate basis of politics. And this basis is now gaining a higher degree of "universality" with regard to its transcendental reason as well as its concern with the expansion of moral subjectivity, which finally leads up to the political demands of modern times.

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