You are not signed in. Sign in.
Authors: Ian MacLean, Quentin Skinner (Editor), James Tully
ISBN-13: 9780521020275, ISBN-10: 0521020271
Format: Paperback
Publisher: Cambridge University Press
Date Published: July 2005
Edition: (Non-applicable)
This book investigates theories of interpretation and meaning in Renaissance jurisprudence.
List of illustrations | ||
Acknowledgements | ||
Notes on the presentation of the text | ||
Introduction | 1 | |
1 | Contexts | 12 |
The study of Roman law in the Middle Ages and Renaissance | 13 | |
Law and its status in the universities | 19 | |
Legal texts: genres, production, presentation, distribution | 30 | |
Justinian's prohibition of commentary and its interpretation | 50 | |
The defence of legal pedagogy | 59 | |
2 | Interpretation and the arts course | 67 |
Grammar | 70 | |
Logic and dialectics | 72 | |
Topics and rhetoric | 75 | |
Interpretation in theology and medicine | 82 | |
The development of legal pedagogy | 83 | |
3 | Theories of interpretation and meaning | 87 |
The self-evident text | 89 | |
Authority and interpretation | 91 | |
Signification, reference, evidence and its interpretation | 95 | |
The method | 103 | |
Definition, etymology, division | 104 | |
Modes of interpretation: declarative, extensive, restrictive | 114 | |
Words and things: propriety, ambiguity, usage | 125 | |
Cavillation: interpretation in bad faith | 135 | |
Legal fictions | 138 | |
Literal, subjective and objective meaning: verba, mens legislatoris and ratio legis | 142 | |
Illocutionary and perlocutionary force: performatives | 158 | |
Nonlinguisitc interpretation: custom and equity | 171 | |
4 | Parallels and examples | 179 |
Suarez | 179 | |
England | 181 | |
Semantics and the law of slander | 186 | |
Conclusion | 203 | |
Bibliography of primary sources | 215 | |
Index of citations from the Corpus Furis Civilis | 226 | |
Index of names | 229 | |
Index of terms | 236 |