Early Modern Natural Law Theories

Context and Strategies in the Early Enlightenment

Author: T. Hochstrasser,P. Schröder

Publisher: Springer Science & Business Media

ISBN: 9401703914

Category: History

Page: 342

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This collection offers a timely opportunity to re-examine both the coherence of the concept of an ‘early Enlightenment’, and the specific contribution of natural law theories to its formation. It reassesses the work of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius, and evaluates the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside.

Natural Law and Laws of Nature in Early Modern Europe

Jurisprudence, Theology, Moral and Natural Philosophy

Author: Michael Stolleis,Prof Dr Lorraine Daston

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409480186

Category: History

Page: 350

View: 929

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This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.

Natural Law Theories in the Early Enlightenment

Author: T. J. Hochstrasser

Publisher: Cambridge University Press

ISBN: 9781139435307

Category: Political Science

Page: N.A

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This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human sociability and reason, fostering a new methodology in German philosophy. This book assesses the first histories of political thought since ancient times, giving insights into the nature and influence of debate within eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, Natural Law Theories in the Early Enlightenment will be of great interest to scholars in history, political thought, law and philosophy.

Contemporary Perspectives on Natural Law

Natural Law as a Limiting Concept

Author: Dr Ana Marta González

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409485668

Category: Philosophy

Page: 334

View: 5805

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Resorting to natural law is one way of conveying the philosophical conviction that moral norms are not merely conventional rules. Accordingly, the notion of natural law has a clear metaphysical dimension, since it involves the recognition that human beings do not conceive themselves as sheer products of society and history. And yet, if natural law is to be considered the fundamental law of practical reason, it must show also some intrinsic relationship to history and positive law. The essays in this book examine this tension between the metaphysical and the practical and how the philosophical elaboration of natural law presents this notion as a "limiting-concept", between metaphysics and ethics, between the mutable and the immutable; between is and ought, and, in connection with the latter, even the tension between politics and eschatology as a double horizon of ethics. This book, contributed to by scholars from Europe and America, is a major contribution to the renewed interest in natural law. It provides the reader with a comprehensive overview of natural law, both from a historical and a systematic point of view. It ranges from the mediaeval synthesis of Aquinas through the early modern elaborations of natural law, up to current discussions on the very possibility and practical relevance of natural law theory for the contemporary mind.

Historischer Atlas der antiken Welt

Author: Anne-Maria Wittke,Eckart Olshausen,Richard Szydlak

Publisher: J.B. Metzler

ISBN: 9783476024015

Category: History

Page: 308

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Vom 3. Jahrtausend v. Chr. bis ins 15. Jahrhundert n. Chr. - der Pauly-Atlas lädt Schüler, Studenten und alle Interessierten auf eine einzigartige Reise durch die Antike ein. 168 vierfarbige Karten im Atlasformat führen durch die historischen Entwicklungen und Strömungen im Vorderen Orient, der Mittelmeerwelt, des griechischen Ostroms, der islamischen Welt und der christlich geprägten germanischen Reiche. Ein ebenso ausführlicher, wissenschaftlicher und spannender Kommentar begleitet jeden Welt- und Zeitausschnitt: Zahlreiche Tabellen, historisch-geografische Skizzen, Stadtpläne und Stammbäume veranschaulichen den Text und lassen so Seite für Seite Geschichte, Politik, Wirtschaft, Gesellschaft und Kultur lebendig werden.

Transformations in Medieval and Early-Modern Rights Discourse

Author: Virpi Mäkinen,Petter Korkman

Publisher: Springer Science & Business Media

ISBN: 9781402042119

Category: History

Page: 316

View: 4210

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Rights language is a fundamental feature of the modern world. Virtually all significant social and political struggles are waged, and have been waged for over a century now, in terms of rights claims. In some ways, it is precisely the birth of modern rights language that ushers in modernity in terms of moral and political thought, and the struggle for a modern way of life seems for many synonymous with the fight for a universal recognition of equal, individual human rights. Where did modern rights language come from? What kinds of rights discourses is it rooted in? What is the specific nature of modern rights discourse; when and where were medieval and ancient notions of rights transformed into it? Can one in fact find any single such transformation of medieval into modern rights discourse? The present volume brings together some of the most central scholars in the history of medieval and early-modern rights discourse. Through the different angles taken by its authors, the volume brings to light the multifaceted nature of rights languages in the medieval and early modern world.

Rousseau and Hobbes

Nature, Free Will, and the Passions

Author: Robin Douglass

Publisher: OUP Oxford

ISBN: 0191038032

Category: Philosophy

Page: 240

View: 7840

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Robin Douglass presents the first comprehensive study of Jean-Jacques Rousseau's engagement with Thomas Hobbes. He reconstructs the intellectual context of this engagement to reveal the deeply polemical character of Rousseau's critique of Hobbes and to show how Rousseau sought to expose that much modern natural law and doux commerce theory was, despite its protestations to the contrary, indebted to a Hobbesian account of human nature and the origins of society. Throughout the book Douglass explores the reasons why Rousseau both followed and departed from Hobbes in different places, while resisting the temptation to present him as either a straightforwardly Hobbesian or anti-Hobbesian thinker. On the one hand, Douglass reveals the extent to which Rousseau was occupied with problems of a fundamentally Hobbesian nature and the importance, to both thinkers, of appealing to the citizens' passions in order to secure political unity. On the other hand, Douglass argues that certain ideas at the heart of Rousseau's philosophy—free will and the natural goodness of man—were set out to distance him from positions associated with Hobbes. Douglass advances an original interpretation of Rousseau's political philosophy, emerging from this encounter with Hobbesian ideas, which focuses on the interrelated themes of nature, free will, and the passions. Douglass distances his interpretation from those who have read Rousseau as a proto-Kantian and instead argues that his vision of a well-ordered republic was based on cultivating man's naturally good passions to render the life of the virtuous citizen in accordance with nature.

Changes of State

Nature and the Limits of the City in Early Modern Natural Law

Author: Annabel S. Brett

Publisher: Princeton University Press

ISBN: 9781400838622

Category: History

Page: 264

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This is a book about the theory of the city or commonwealth, what would come to be called the state, in early modern natural law discourse. Annabel Brett takes a fresh approach by looking at this political entity from the perspective of its boundaries and those who crossed them. She begins with a classic debate from the Spanish sixteenth century over the political treatment of mendicants, showing how cosmopolitan ideals of porous boundaries could simultaneously justify the freedoms of itinerant beggars and the activities of European colonists in the Indies. She goes on to examine the boundaries of the state in multiple senses, including the fundamental barrier between human beings and animals and the limits of the state in the face of the natural lives of its subjects, as well as territorial frontiers. Drawing on a wide range of authors, Brett reveals how early modern political space was constructed from a complex dynamic of inclusion and exclusion. Throughout, she shows that early modern debates about political boundaries displayed unheralded creativity and virtuosity but were nevertheless vulnerable to innumerable paradoxes, contradictions, and loose ends. Changes of State is a major work of intellectual history that resonates with modern debates about globalization and the transformation of the nation-state.

The Cambridge Companion to Hobbes's Leviathan

Author: Patricia Springborg

Publisher: Cambridge University Press

ISBN: 1139827286

Category: Philosophy

Page: N.A

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This Companion makes a new departure in Hobbes scholarship, addressing a philosopher whose impact was as great on Continental European theories of state and legal systems as it was at home. This volume is a systematic attempt to incorporate work from both the Anglophone and Continental traditions, bringing together newly commissioned work by scholars from ten different countries in a topic-by-topic sequence of essays that follows the structure of Leviathan, re-examining the relationship among Hobbes's physics, metaphysics, politics, psychology, and religion. Collectively they showcase important revisionist scholarship that re-examines both the context for Leviathan and its reception, demonstrating the degree to which Hobbes was indebted to the long tradition of European humanist thought. This Cambridge Companion shows that Hobbes's legacy was never lost and that he belongs to a tradition of reflection on political theory and governance that is still alive, both in Europe and in the diaspora.

The Nature and Limits of Human Equality

Author: John Charvet

Publisher: Springer

ISBN: 1137329165

Category: Political Science

Page: 188

View: 8513

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The belief in equality as the basis of a just society is fundamental to the dominant western, liberal viewpoint. Yet, the standard individualist justification for it is weak and contradictory. This book provides a radically new communitarian account of the value of equality and establishes it's proper limits.

Der Gesellschaftsvertrag

oder Die Grundsätze des Staatsrechtes

Author: Jean-Jacques Rousseau

Publisher: BoD – Books on Demand

ISBN: 3954550539

Category: Philosophy

Page: 108

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Mit seiner 1762 veröffentlichten Abhandlung übte der französische Philosoph Jean-Jacques Rousseau einen wesentlichen Einfluss auf die politische Theorie der Französischen Revolution aus, zugleich sind seine radikalen Schlussfolgerungen bis heute umstritten: Im Zentrum des Buchs steht die These, dass zwischen den Individuen der Gesellschaft ein unausgesprochener Gesellschaftsvertrag existiert. Orientiert ist dieser Vertrag jedoch nicht an den Rechten des Einzelnen. Vielmehr dient der Vertrag ausschließlich dem Gemeinwohl, das in Rousseaus Augen das zugleich Vernünftige und deshalb allein Gerechte ist.

The Idea of a Right

A treatise on the concept of natural rights

Author: Kenneth G. Butler

Publisher: Newmedia Publishing

ISBN: 9781893798199

Category: Law

Page: 307

View: 2113

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This book is a comprehensive treatise on the concept of a right, or entitlement from the time of the ancient Greeks to the present. The author follows the evolution of a right from philosophical concept to its adoption in the late twentieth century. He is especially interested in teh development and current state of a natural right, which he defines to be the combination of laws that harmonize the workings of the universe, including our own little corner of it, as designed by God.

Introduction to Critical Legal Theory

Author: Ian Ward

Publisher: Routledge

ISBN: 1136997814

Category: Law

Page: 224

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Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.

The Impact of Aristotelianism on Modern Philosophy

Author: Riccardo Pozzo

Publisher: CUA Press

ISBN: 9780813213477

Category: Philosophy

Page: 336

View: 2352

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"The contributors pay particular attention to the role of the five intellectual virtues set forth by Aristotle in book VI of the Nicomachean Ethics - art, prudence, science, wisdom, and intellect - in modern philosophy."--BOOK JACKET.

Scottish Philosophy in the Eighteenth Century, Volume I

Morals, Politics, Art, Religion

Author: Aaron Garrett,James A. Harris

Publisher: OUP Oxford

ISBN: 0191043435

Category: Philosophy

Page: 448

View: 4459

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A History of Scottish Philosophy is a series of collaborative studies by expert authors, each volume being devoted to a specific period. Together they provide a comprehensive account of the Scottish philosophical tradition, from the centuries that laid the foundation of the remarkable burst of intellectual fertility known as the Scottish Enlightenment, through the Victorian age and beyond, when it continued to exercise powerful intellectual influence at home and abroad. The books aim to be historically informative, while at the same time serving to renew philosophical interest in the problems with which the Scottish philosophers grappled, and in the solutions they proposed. This new history of Scottish philosophy will include two volumes that focus on the Scottish Enlightenment. In this volume a team of leading experts explore the ideas, intellectual context, and influence of Hutcheson, Hume, Smith, Reid, and many other thinkers, frame old issues in fresh ways, and introduce new topics and questions into debates about the philosophy of this remarkable period. The contributors explore the distinctively Scottish context of this philosophical flourishing, and juxtapose the work of canonical philosophers with contemporaries now very seldom read. The outcome is a broadening-out, and a filling-in of the detail, of the picture of the philosophical scene of Scotland in the eighteenth century. General Editor: Gordon Graham, Princeton Theological Seminary

The Law of Nations, Or, Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns, with Three Early Essays on the Origin and Nature of Natural Law and on Luxury

Author: Emer de Vattel

Publisher: Natural Law and Enlightenment

ISBN: 9780865974500

Category: Law

Page: 867

View: 2341

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The 18th century was a wealth of knowledge, exploration and rapidly growing technology and expanding record-keeping made possible by advances in the printing press. In its determination to preserve the century of revolution, Gale initiated a revolution of its own: digitization of epic proportions to preserve these invaluable works in the largest archive of its kind. Now for the first time these high-quality digital copies of original 18th century manuscripts are available in print, making them highly accessible to libraries, undergraduate students, and independent scholars. This collection reveals the history of English common law and Empire law in a vastly changing world of British expansion. Dominating the legal field is the Commentaries of the Law of England by Sir William Blackstone, which first appeared in 1765. Reference works such as almanacs and catalogues continue to educate us by revealing the day-to-day workings of society. -- Description from http://www.amazon.com (July 13, 2012).