A Treatise of Legal Philosophy and General Jurisprudence: Volume 1: The Law and The Right / Edition 1

Paperback (Print)
Buy New
Buy New from BN.com
Used and New from Other Sellers
Used and New from Other Sellers
from $67.07
Usually ships in 1-2 business days
(Save 25%)
Other sellers (Paperback)
  • All (9) from $67.07   
  • New (7) from $67.07   
  • Used (2) from $89.98   


Volume 1: The Law and the Right, a Reappraisal of the Reality that Ought to beby Enrico Pattaro This work brings out and recovers the normative dimension of law, called "the reality that ought to be", placing within this reality the idea of what is right. Part I reconstructs the current as well as the traditional civil-law conception of the reality that ought to be and raises some critical theoretical issues. Part II introduces some basic concepts on language and behaviour and presents a conception of norms as beliefs. Part III aims to find explanations for the idea of a reality that ought to be. Part IV consists of inquiries focussed on Homeric epic, the natural-law school, and the normativistic view of positive law. A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. Thework is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 willbe published in 2011 and volume 12 forthcoming in 2012), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index.

Read More Show Less

Product Details

  • ISBN-13: 9781402064708
  • Publisher: Springer Netherlands
  • Publication date: 7/24/2007
  • Edition description: 2012
  • Edition number: 1
  • Pages: 458
  • Product dimensions: 1.00 (w) x 6.14 (h) x 9.21 (d)

Meet the Author


University of Bologna, Italy Born in Rome on April 8, 1941.
Graduated summa cum laude in law from the University of Bologna, 1964, with a dissertation on Hans Kelsen and Alf Ross. Libero docente (Habilitationsschrift) in the philosophy of law, 1971. Was awarded a position as full professor in legal philosophy through a national 1975 competition for a professorship in Italy. Tenured professor in legal philosophy at the Bologna University School of Law. Served as dean of the Bologna University School of Law from 1977 to 1979, and then as member of the Bologna University Board of Directors from 1980 to 1989. Main research fields: Legal philosophy, general jurisprudence, the history of legal ideas, and computer science and law. Author of over two hundred publications. Main speaker at national and international conferences. Invited speaker at universities in Western and Eastern Europe, Latin America, and the United States.

Read More Show Less

Table of Contents

A Note on the Author and the Contributors.- Editor’s Preface.- Assistant Editor’s Preface.- Part One - The Reality That Ought to Be: Problems and Critical Issues.- Chapter 1 - A First Glance.- Chapter 2 - Dualism and Interaction between the Reality That Ought to Be and the Reality That Is: Validity as a Pineal Gland.- Chapter 3 - Taking a Dive into the Sources of Law.- Chapter 4 - The Problem of the Matrix.- Part Two - The Reality That Ought to Be: A Monistic Perspective. Norms as Beliefs and as Motives of Behaviour.- Chapter 5 - The Motives of Human Behaviour.- Chapter 6 - Norms as Beliefs.- Chapter 7 - How Norms Proliferate in Human Brains.- Part Three - Family Portraits. Law as Interference in the Motives of Behaviour.- Chapter 8 - No Law without Norms.- Chapter 9 - But Norms Are Not Enough. The Interaction between Language and Motives of Behaviour.- Chapter 10 - The Law in Force: An Ambiguous Intertwining.- Chapter 11 - The Reality That Ought to Be as Fate.- Chapter 12 - What Is Right in Homeric Epic.- Chapter 13 - What Is Right, What Is Just, Ratio as Type: Sanctus Thoma Docet.- Chapter 14 - The Law and What Is Right. Hans Kelsen under Suspicion.- Chapter 15 - Nature and Culture.- Appendix - Elements for a Formalisation of the Theory of Norms Developed in This Volume (by Alberto Artosi, Antonino Rotolo, Giovanni Sartor, and Silvia Vida).- Bibliography (Compiled by Antonino Rotolo).- Index of Subjects.- Index of Names.​

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star


4 Star


3 Star


2 Star


1 Star


Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation


  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)