The Philosophy of Law in Historical Perspective

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University of Chicago Press, 1963 - Political Science - 296 pages
Mr. Friedrich develops his own position within the framework of the history of Western legal philosophy from the Old Testament down to contemporary writers. In addition, he highlights some important problems of the present day, including certain aspects of legal realism. First published in 1958, this book has been revised and enlarged.
 

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Contents

Introduction
3
Law as Participation in the Idea of Justice
13
Law as the Expression of the Laws of Human Nature
27
Law as Order and Peace of the Community of Love
35
Law as the Mirror and Part of the Divine World Order
42
Law as a Historical Fact
51
Statutory Law against Natural
57
The English Constitutional Tradition
67
Philosophical Liberalism
154
The Decline of Legal Philosophy
165
The Revival of Natural Law in Europe and America
178
Justice Equality and the Common Man
191
Law Authority and Legitimacy
200
Law and Order
206
Constitutional Law as the Basis of the Legal System
215
Peace and the World Community of Law
223

Common Law against Natural
77
Law as Command
84
Law as the Basic Law of the Constitution
101
Law as the Expression of Pure Reason
110
Law as the Expression of the General Will
122
Hegel and the Historical School
131
Law as Class Ideology
143
Law and History
233
Remarks on Llewellyns View of Law Official Behavior
261
BIBLIOGRAPHY
277
Author Index
287
Subject Index
293
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About the author (1963)

Carl Joachim Friedrich was Eaton Professor of the Science of Government at Harvard University.

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