Matthew Hale: On the Law of Nature, Reason, and Common Law: Selected Jurisprudential Writings by Gerald J. PostemaMatthew Hale: On the Law of Nature, Reason, and Common Law: Selected Jurisprudential Writings by Gerald J. Postema

Matthew Hale: On the Law of Nature, Reason, and Common Law: Selected Jurisprudential Writings

EditorGerald J. Postema

Hardcover | November 30, 2017

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Lawyer, judge, public figure, historian, theologian, and amateur natural philosopher, Sir Matthew Hale worked and wrote in the middle decades of the seventeenth century, perhaps the most turbulent period of English political history. His reflections on reason, law, and political authority,unpublished in his lifetime, are collected in this volume. It sets Hale's previously unpublished Treatise on the Nature of Laws in General and touching the Law of Nature and his "Reflections on Mr Hobbes his Dialogue of the Laws" in context of other key works of legal and constitutional theory. TheTreatise reveals a complex general understanding of law and of moral and legal reasoning. "Reflections" brings these general considerations to bear on English law, in his critical response to Hobbes's all-out attack on common-law jurisprudence. "Reflections" suggests a conception of judicialreasoning, and a view of political authority, that deepens the view Hale defends in the longer and more systematic work. His views on practical reasoning are elaborated and related explicitly to the discipline of law in his "Preface to Rolle's Abridgement" and in parts of his History of the CommonLaw. In the Treatise, Hale argues that human law is necessarily instituted in the practices and customs of specific communities, manifesting their consent; this view is enriched and deepened in the History and "Considerations touching Amendment of the Law". His views on the foundations of politicalauthority, sounded in the Treatise, are argued at length in Prerogatives of the King and "Reflections". "Reflections" argues for necessary legal limits of ruling power and Prerogatives offers a systematic discussion of the nature and limits of political authority. Taken together, these writingsoffer a rich and subtle articulation of a classical common-law understanding of law, reason and authority. Gerald J. Postema present these seminal writings in a modernized text for readers from philosophy, law, political theory, or intellectual history. He contributes an extended introduction setting out the theoretical and historical context of the works.
Gerald J. Postema has taught philosophy and law at the University of North Carolina, Chapel Hill, since 1980. He held visiting posts at Cambridge University, the University of Athens, the Australian National University, Yale University, and the University of California, Berkeley. He is a Fellow of the European University Institute and ...
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Title:Matthew Hale: On the Law of Nature, Reason, and Common Law: Selected Jurisprudential WritingsFormat:HardcoverDimensions:256 pages, 9.21 × 6.14 × 0.03 inPublished:November 30, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199234922

ISBN - 13:9780199234929

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Table of Contents

Editor's Introduction1. Treatise of the Nature of Laws in General and touching the Law of Nature2. The History of the Common Law of England3. Preface to Rolle's Abridgment4. Considerations touching the Amendment or Alteration of Laws5. Reflections on Mr Hobbes his Dialogue of the Laws6. Prerogatives of the King7. Jurisdiction of the Lords House or Parliament