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THE MODERN LEGAL PHILOSOPHY

SERIES

III

Comparative Legal Philosophy

SERIES

Edited by a Committee of the

ASSOCIATION OF AMERICAN. LAW SCHOOLS

I. THE SCIENCE OF LAW. BY KARL GAREIS of the University of Munich. Translated by ALBERT KOCOUREK of Northwestern University.

II. THE WORLD'S LEGAL PHILOSOPHIES.

FRITZ BEROLZHEIMER of Berlin.

JOSEPH JASTROW of Madison, Wis.

By

Translated by MRS.

III. COMPARATIVE LEGAL PHILOSOPHY, applied to Legal Institutions. By LUIGI MIRAGLIA of the University of Naples. Translated by JOHN LISLE of the

Philadelphia Bar.

IV. GENERAL THEORY OF LAW. By N. M. KORKUNOV of the University of St. Petersburg. Translated by W. G. HASTINGS of the University of Nebraska.

V. LAW AS A MEANS TO AN END. By RUDOLF VON IHERING of the University of Berlin. Translated by ISAAC HUSIK of the University of Pennsylvania.

VI. THE POSITIVE PHILOSOPHY OF LAW. By I. VANNI of the University of Bologna. Translated by John Lisle of the Philadelphia Bar.

VII. MODERN FRENCH LEGAL PHILOSOPHY. By A. FOUILLÉE, J. CHARMONT, L. DUGUIT and R. DEMOGUE of the Universities of Paris, Montpellier, Bordeaux and Lille. Translated by JOHN SIMPSON of the New York Bar. THE THEORY OF JUSTICE. BY RUDOLF STAMMLER of the University of Halle.

VIII.

IX. SELECT ESSAYS IN MODERN LEGAL PHILOSOPHY. By Various Authors.

X. THE FORMAL BASIS OF LAW. By G. DEL VECCHIO of the University of Bologna. Translated by JOHN LISLE of the Philadelphia Bar.

XI. THE SCIENTIFIC BASIS OF LEGAL JUSTICE.
XII. THE PHILOSOPHY OF LAW. By JOSEF KOHLER of the
University of Berlin. .Translated by ADALBERt Albrecht
of South Easton, Mass.

XIII. PHILOSOPHY IN THE DEVELOPMENT OF LAW.
By P. DE TOURTOULON of the University of Lausanne.

Modern Legal Philosophy Series: III

COMPARATIVE

LEGAL PHILOSOPHY

Applied to Legal Institutions

BY

LUIGI MIRAGLIA

Professor of the Philosophy of Law in the University of Naples

TRANSLATED FROM THE ITALIAN BY

JOHN LISLE

of the Philadelphia Bar

WITH AN INTRODUCTION BY

ALBERT KOCOUREK

Lecturer on Jurisprudence in Northwestern University

BOSTON

THE BOSTON BOOK COMPANY

1912

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