Otto Friedrich von Gierke's Books

Natural Law and the Theory of Society, 1500 to 1800

By: Otto Friedrich von Gierke,Ernst Troeltsch

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Natural Law and the Theory of Society, 1500 to 1800

By: Otto Friedrich von Gierke,Ernst Troeltsch

Gierke, Otto. Natural Law and the Theory of Society 1500 to 1800. With a Lecture on the Ideas of Natural Law and Humanity by Ernst Troeltsch. Translated with an Introduction by Ernest Barker. Complete in one volume. Cambridge: The University Press, 1950. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 2001016483. ISBN 1-58477-149-6. Cloth. $110. * Reprint complete in one volume that contains "an English translation of five sections of the fourth volume of Otto von Gierke's magisterial treatise on the history of the German law of associations. When this edition was published, all competent students of the history of jurisprudence and political thought at once recognized that Professor Barker had made a very important contribution to the literature of these fields, none the less so because of the elaborate and learned Introduction which he himself had contributed." C.J. Friedrich, Harv. L. Rev. 49:677-680 cited in Marke, Catalogue of the Law Collection at New York University 938. Gierke [1841-1921], an important German jurist, is widely considered to be a founder of modern German constitutional law.

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518

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The Lawbook Exchange, Ltd.

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ISBN 10

1584771496

ISBN 13

9781584771494

Community in Historical Perspective

A Translation of Selections from Das Deutsche Genossenschaftsrecht (The German Law of Fellowship)

By: Otto Friedrich von Gierke

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Community in Historical Perspective

A Translation of Selections from Das Deutsche Genossenschaftsrecht (The German Law of Fellowship)

By: Otto Friedrich von Gierke

This is the first English translation of the first work of Otto von Gierke, arguably the greatest historian of ideas of the nineteenth century. Community in Historical Perspective includes much of the first volume of Das Deutsche Genossenschaftsrecht, originally published in 1868, and the texts translated here have become essential reading for anyone interested not only in the history of ideas and alternatives to conventional socialism and liberalism, but also, as recent experience has shown, contemporary European affairs. Von Gierke's represented an unparalleled attempt to justify a political programme of structural pluralism, and to interpret the entire course of European history from the Dark Ages onwards as a progressive interaction between 'fellowship' (or 'comradeship') and 'lordship' (or 'sovereignty'). This interaction was to generate a polity of autonomous associations within a constitutional state based upon consent and federal unity, and von Gierke here laid the basis for a distinctively Germanic programme of federalism and quasi-pluralism, with a strongly nationalist emphasis upon the unique capacity of Germans, despite long periods of absolute rule, for corporate self-management.

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267

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ISBN 10

052133487X

ISBN 13

9780521334877

Community in Historical Perspective

By: Otto von Gierke

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Community in Historical Perspective

By: Otto von Gierke

Community in Historical Perspective includes much of the first volume of Das Deutsche Genossenschaftsrecht, originally published in 1868, and the texts translated here have become essential reading for anyone interested not only in the history of ideas and alternatives to conventional socialism and liberalism, but also, as recent experience has shown, contemporary European affairs.

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312

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Cambridge University Press

Published Date

ISBN 10

0521893232

ISBN 13

9780521893237

The Question of Nationalities and Social Democracy

By: Otto Bauer

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The Question of Nationalities and Social Democracy

By: Otto Bauer

Until now, The Question of Nationalities and Social Democracy was the only remaining work of classical Marxism not fully translated into English. First published in German in 1907, this seminal text has been cited in countless discussions at nationalism, from the writings of Lenin to Benedict Anderson's Imagined Communities. The issues Bauer addressed almost a century ago still challenge current debates on diversity and minority rights. In this remarkably prophetic text, Bauer foreshadowed current ethnic conflicts in the Balkans and in the former Soviet Union and advocated an early concept of multiculturalism. Attempting to reconcile Marxism with nationalism, Bauer called for a system of self-determination for ethnic communities in which extensive autonomy would be granted within a confederal, multicultural state -- Bauer's words, a "United States of Europe", with remarkable similarities to the contemporary European Union.

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552

Publisher

U of Minnesota Press

Published Date

ISBN 10

0816632650

ISBN 13

9780816632657

Associations and Law

The Classical and Early Christian Stages

By: Otto Gierke

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Associations and Law

The Classical and Early Christian Stages

By: Otto Gierke

George Heiman has translated the discussion of classical and early Christian laws of association from the major works by Grotto Gierke, Das deutsche Genossenschaftsrecht. This work complements F.W. Maitland's translation of a later part under the title, The Political Theories of the Middle Ages, and E. Barker's translation of the third part, Natural Law and the Theory of Society, 1500-1800. Professor Heiman thus has completed the circle in bringing into English the eminent German jurist's historical analysis of the law. Professor Heiman furthermore has introduced the work with substantial, detailed, and scholarly essays on Gierke's work as a whole. He examines and explains Gierke's concept of the group-person and his organic view of the association, society, and the state, and clearly outlines the conflict between individualist Roman and collectivist Germanic law. This introduction provides the first complete analysis in English of the philosophy of a major representative of the school of historical law and a jurist whose thinking is reflected in the general civil code adopted in Germany at the end of the nineteenth century. The book will interest political and social theorists as well as those concerned with jurisprudence and legal philosophy.

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259

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University of Toronto Press

Published Date

ISBN 10

1487589972

ISBN 13

9781487589974

Political Theories of the Middle Age

By: Otto von Gierke

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Political Theories of the Middle Age

By: Otto von Gierke

2014 Reprint of 1959 Edition. Full facsimile of the original edition, not reproduced with Optical Recognition Software. One of the most important scholars of the history of political ideas, Von Gierke was professor of law at the University of Berlin, of Breslau and of Heidelberg, and produced monumental studies in the interpretations of legal history. In the present volume, Gierke gives his sharply authoritative treatment of the basic political tenets up to the Renaissance. This classic work is still considered one of the seminal texts in the historiography of political thought. Famed, inter alia, for the elegance and lucidity of Maitland's own expository introduction, "Political Theories of the Middle Age" is concerned in essence with the medieval development of the doctrine of State and Corporation - a concept which, as Maitland indicates, has been prone to misunderstanding by English minds versed in the tradition of the common law. Gierke identifies the peculiar characteristic of medieval political thought as its vision of the universe as one articulated whole, and every being, whether a joint-being (community) or a single-being - as both a part and a whole: his text examines the potentially revolutionary effect upon this of certain crucial intellectual intrusions, derived in part from Roman Law, described by Gierke as 'ancient-modern.

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278

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ISBN 10

1614276471

ISBN 13

9781614276470

Political Theories of the Middle Age [1913]

By: Otto Gierke

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Political Theories of the Middle Age [1913]

By: Otto Gierke

Gierke [1841-1921] was one of the most influential legal scholars of the 19th and 20th centuries. As a jurist, he played an important role in the creation of Germany's 1900 Civil Code and the Weimar 1919 Constitution. As a legal historian, he was one of the first to study the role of social groups and the importance of associations in German life. Political Theories of the Middle Age is drawn from his definitive four-volume study on that subject, Das deutsche Genossenschaftsrecht [The German Law of Associations]. Maitland held this work in the highest esteem, not just for its command of sources, but for its conceptual framework. As he states in his introductory essay, which adds valuable insight into the nature of the state in Germany and England, it creates a perspective in which "the outlines are large, the strokes are firm, and medieval appears as an introduction to modern thought." lxxx, 197 pp.

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ISBN 10

1616196947

ISBN 13

9781616196943

Political Theories of the Middle Age

By: Otto Friedrich von Gierke

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Political Theories of the Middle Age

By: Otto Friedrich von Gierke

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ... as is well known, the jurist Martinus Eminent circ. 1150 ascribed to the Emperor a true ownership of all things, and therefore a free power of disposal over the rights of private persons. He relied in particular on some words in the Code (c. 7, 37, 1. 3): quum omnia Principis esse intelligantur. On the ecclesiastical side a similar doctrine was asserted in favour of the Pope'70. For all this, however, a contrary doctrine, which was already maintained by Bulgarus circ. 1150, was constantly gaining ground. It taught that above private ownership there stood only a Superiority on the part of the State, which was sometimes expressly called a mere iurisdictio et protection and which, even when it was supposed to be a sort of dominium, a sort of over-ownership, was still treated in a purely 'publicistic' manner1. However, it was just out of this Superiority that men developed the theory--a theory strange to archaic German law--of a Right of Expropriation, by virtue whereof the State, whenever Reason of State demanded this, might modify private rights or abrogate them2. Thus the history of the Theory of Expropriation The theory takes, in the main, the form of a process whereby priation. definite bounds are set to an expropriatory right. It was generally agreed that the Supreme Power may interfere with acquired rights 'for good cause, ' but not Natural Law, Property and Contract. arbitrarily. For some this was an absolute principle of law27', and even those who would allow the Sovereign, either in all cases or at least in certain cases, to transgress it, still regarded it as a general rule271. As a 'sufficient cause, ' besides forfeiture for crime and many other multifarious matters, we see Public Necessity, to which Private Right must yield in.

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Page Count

104

Publisher

Theclassics.Us

Published Date

ISBN 10

1230270469

ISBN 13

9781230270463

Book's by Otto Friedrich von Gierke

Natural Law and the Theory of Society, 1500 to 1800

Natural Law and the Theory of Society, 1500 to 1800

Community in Historical Perspective

Community in Historical Perspective

Community in Historical Perspective

Community in Historical Perspective

The Question of Nationalities and Social Democracy

The Question of Nationalities and Social Democracy

Associations and Law

Associations and Law

Political Theories of the Middle Age

Political Theories of the Middle Age

Political Theories of the Middle Age [1913]

Political Theories of the Middle Age [1913]

Political Theories of the Middle Age

Political Theories of the Middle Age

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