Law and Justice from Antiquity to Enlightenment

By focusing on the recurring issues and historical contexts of the law, the author shows the extensive influence earlier sources had on the later development of Western law. For instance, the ancient code of Hammurabi pledged to obtain justice for the widow and the orphan, a phrase that appeared again in later laws. Also, the tragedies of Aeschylus insisted that private individuals pursue vengeance, but government judiciaries upheld justice, an idea that the early modern European monarchies advanced when they promulgated new codes of criminal law. Additionally, Roman, medieval, and modern jurists all believed that natural law theory served as a rational criterion for legislators and judges. Throughout the span of centuries covered in the text, governments used law to regulate or monopolize the employment of violence.

Designed to introduce undergraduates to the significant developments and ideas about the law and justice, this book will be invaluable for courses on the history of law and jurisprudence.