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This volume presents two Leibnizian writings, the Specimen of Philosophical Questions Collected from the Law and the Dissertation on Perplexing Cases. These works , originally published in 1664 and 1666, constitute, respectively, Leibniz's thesis for the title of Master of Philosophy and his doctoral dissertation in law. Besides providing evidence of the earliest development of Leibniz's thought and amazing anticipations of his mature views, they present a genuine intellectual interest, for the freshness and originality of Leibniz's reflections on a striking variety of logico-philosophical puzzles drawn from the law. The Specimen addresses puzzling issues resulting from apparent conflicts between law and philosophy (the latter broadly understood as comprising also mathematics, as well as empirical sciences). The Dissertation addresses cases whose solution is puzzling because of the convoluted logical form of legal dispositions and contractual clauses, or because of conflicting priorities between concurring parties. In each case, Leibniz dissects the problems with the greatest ingenuity, disentangling their different aspects, and proposing solutions always reasonable and sometimes surprising. And he does not refrain from peppering his intellectual acrobatics with some humorous comments.
Inhaltsverzeichnis
Foreword.- Abbreviations.- Introduction.- Note to the Translation.- 1. Specimen of Philosophical Questions Collected from the Law.- Annex 1. A: A Selection of texts from the Digest.- Annex 1. B: Specimen quaestionum philosophicarum ex jure collectarum.- 2. Inaugural Dissertation on Perplexing Cases in the Law.- Annex 2. A: A Selection of texts from the Digest.- Annex 2. B: Dissertatio inauguralis de casibus perplexis.- Bio-Bibliographical note.- References.- Endnotes to the English Translations.
Über den Autor / die Autorin
Giovanni Sartor is Marie-Curie Professor of Legal Informatics and Legal Theory at the European University Institute of Florence and Professor of Computer and Law at the University of Bologna (Italy), after obtaining a PhD at the European University Institute (Florence), working at the Court of Justice of the European Union (Luxembourg), being a researcher at the Italian National Council of Research (ITTIG, Florence), and holding the chair in Jurisprudence at Queen s University of Belfast (where he now is honorary professor). He is author of ten books and has published widely in legal philosophy and legal theory, legal informatics (artificial intelligence and law), computational logic, legislation technique, and computer law.
Zusammenfassung
This volume presents two Leibnizian writings, the Specimen of Philosophical Questions Collected from the Law and the Dissertation on Perplexing Cases. These works, originally published in 1664 and 1666, constitute, respectively, Leibniz’s thesis for the title of Master of Philosophy and his doctoral dissertation in law. Besides providing evidence of the earliest development of Leibniz’s thought and amazing anticipations of his mature views, they present a genuine intellectual interest, for the freshness and originality of Leibniz’s reflections on a striking variety of logico-philosophical puzzles drawn from the law. The Specimen addresses puzzling issues resulting from apparent conflicts between law and philosophy (the latter broadly understood as comprising also mathematics, as well as empirical sciences). The Dissertation addresses cases whose solution is puzzling because of the convoluted logical form of legal dispositions and contractual clauses, or because of conflicting priorities between concurring parties. In each case, Leibniz dissects the problems with the greatest ingenuity, disentangling their different aspects, and proposing solutions always reasonable and sometimes surprising. And he does not refrain from peppering his intellectual acrobatics with some humorous comments.
