The Biblical Natural Law of the Founding Fathers provides a better basis for contract law than the Law and Economic Theory. The Law and Economics Theory distorts the roles of judges and goes against the proper rooting of contract in the individual rights to own property and to enter contracts

The question whether it is possible to be both a Humean and a contractarian arises from the interpretation of Hume as a theorist of spontaneous order, a theory that is usually taken to be incompatible with contractarianism. I argue that this interpretation is unconvincing and anachronistic. The...

John Locke was one of the first shareholders of the Bank of England and participated in Parliamentary debates surrounding its creation. He had a key role in the monetary reform of 1696. This book examines Locke's thought in relation to credit, banking regulation, the monetary and financial...

Chapter 1. Introduction -- Chapter 2. Jefferson’s Laws of Nature -- Chapter 3. From Natural Law to Natural Inferiority -- Chapter 4. Seasteading and Polycentric Law -- Chapter 5. Justice Holmes and Pragmatic Pluralism -- Chapter 6. Pragmatic Conservatism -- Chapter 7. Dissenting Opinions...

Natural law principles played an important role in the early development of international legal theory, but were subsequently displaced by positivist ideals. Within the past half-century, fundamental changes in international society have revealed the limitations of a purely positivist approach...

The task of the present article is twofold. First, it represents an attempt to make an original English language contribution to the continuing interdisciplinary inquiry, begun in France, into the presence of law in Balzac's The Human Comedy, by focusing upon themes and novels that have not been...

The present paper is an exercise to sociologically recover a story reported in a travel diary of a Western diplomat, who was passing through Moldova, at the end of the eighteenth century, where there are three characters belonging to three different cultures: a Moldovan, a Turkish and a French....

Статья посвящена рассмотрению концепции права и правосознания И.А. Ильина с позиции условий их оптимального развития. Анализируя философско-правовые и...

The paper starts from the argument that, at present, there are two opposite perspective on the relationship between ethics and capitalism, namely: on the one hand, it is the interpretation offered by the neoclassical school of economic thought (mainstream economics) and, on the other hand, it is...

The paper suggests several ways to rediscover the legacy of early modern and classical natural law of the 18th century in contemporary legal thought through the joint efforts of legal history and legal theory with particular reference to the domain of contract law. Additionally, the paper...

The paper examines the inconspicuous influence of the legacy of the classical natural law of the 18th century on Russian dogmatic jurisprudence of civil law, taking as an example the authoritative “Course on civil law” (1868-1880) by Konstantin Pobedonostsev. Despite the dogmatic purpose of...

The set of rules originated from natural reason constitutes what we call natural in an objective sense or simply natural law. Consequently, to support the existence of a “natural right” means to support the idea that there are just things that are so (just) not only in virtue of an agreement...

Статья посвящена рассмотрению наиболее известных российских теоретико-правовых и философско-правовых концепций правосознания. Анализируются основные...

This book offers a vision of economics in which there is no place for universal laws of nature, and even for laws of a more probabilistic character. The author avoids interpreting the practice of economics as something that leads to the formulation of universal laws or laws of nature. Instead,...

Freiheit ohne innere Bindung? / Paul Kirchhof -- Recht un d Gerechtigkeit : zum aristotelisch-thomistischen Naturrechtsverständnis / Horst Ehmann -- Ohne die Person ist alles nichts : Person und Gesellschaft in der Sozialverkündigung Johannes Pauls II und Benedikts XVI / Lothar Roos -- " Was...

The exact content of the relation between dignity and law has not been fully clarified yet. We only know that, although it has been used since antiquity, the notion entered international legislation and national constitutions only after WWII. Since then, the law uses the term, but it does not...

Looking at the modern events shouldn't we claim that it is impossible to create the positive order of the world there where the human souls are running wild? This strict but at the same time full of realism statement of the Head of the Catholic Church taken from the encyclical on the Christian...

The life course and doctrinal of the theologian-jurist Domingo de Soto, a senior member of the School of Salamanca, elapses during the heyday of the Habsburg dynasty. From his privileged vantage point of the influential Convent of San Esteban as well as his condition as professor of Theology at...

The first generation of Catholic social economists, which also included some moral philosophers, put forward a coherent view of economic problems, according to natural law and to the Gospel of the Catholic Church. They studied the causes of the increasingly unequal distribution of income in the...

The new legal definition of the offense as provided by the Romanian Penal Code (Art. 15) from 2009 refers to a deed that complies with a statutory description, is culpable, unjustified and imputable to the person who committed it. The initial Draft proposal to eliminate the mention about...