The uses of history in determining what the law ought to be

Ho, Tung (2017) The uses of history in determining what the law ought to be. Doctorate (other than PhD) thesis, University of Southern Queensland. (Unpublished)

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Abstract

This paper focuses on discussing a set of historical rationales developed by Adam Smith, Friedrich Savigny, Sir Henry Maine and Friedrich Hayek in their theoretical defences for explaining the nature of law and determining what the law ought to be. Since the works of these authors cover a so wide-range of social topics and provide many in-depth thoughts, for the purpose of this essay, just some of the most relevant substances are extracted from this rich source of materials. As such, for Adam Smith’s Lectures on Jurisprudence, the idea that law rests on natural progress of human society is the foci of discussion. In Friedrich Savigny’s Of the Vocation of Our Age for Legislation and Jurisprudence, the central idea of Volksgeist is examined. In Sir Henry Main’s Ancient Law, the famous thesis of ‘movement from status to contract’ is addressed, and finally, in Friedrich Hayek’s Law, Legislation, and Liberty, the ‘cosmo and taxis’ thesis is also discussed.


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Item Type: Thesis (Non-Research) (Doctorate (other than PhD))
Item Status: Live Archive
Additional Information: Doctorate (Non-Research) thesis.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 26 Mar 2018 05:00
Last Modified: 26 Mar 2018 05:00
Uncontrolled Keywords: legal, history, law
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180199 Law not elsewhere classified
18 Law and Legal Studies > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/33916

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