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.

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

View: 5738

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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.

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

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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

View: 1369

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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: Ana Marta González

Publisher: Routledge

ISBN: 1317160606

Category: Philosophy

Page: 334

View: 2139

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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.

Reine Rechtslehre

Einleitung in die rechtswissenschaftliche Problematik

Author: Hans Kelsen

Publisher: Mohr Siebeck

ISBN: 9783161497032

Category: Law

Page: 181

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Die von Hans Kelsen im Jahre 1934 vorgelegte "Reine Rechtslehre" gehört zu den rechtstheoretischen Schlüsselschriften des 20. Jahrhunderts. In ihr entwickelt Kelsen erstmals systematisch seine einerseits das Recht von der Moral, andererseits die Norm vom Faktum konsequent scheidende, ideologiekritische Rechtstheorie. Wer auf der Höhe der Zeit über Struktur und Geltung von Recht und die Eigenart von Rechtswissenschaft, kurz: wer über das Rechtliche am Recht nachdenken will, kommt an der "Reine[n] Rechtslehre" nicht vorbei. Die Erstauflage der "Reine[n] Rechtslehre", die weltweit in rund ein Dutzend Sprachen übersetzt worden ist, wurde in deutscher Sprache mehrfach nachgedruckt, ist indes derzeit vergriffen. Sie wird hier in Gestalt einer Studienausgabe vorgelegt, die am Recht Interessierte zum Hineinlesen ermutigen und zum kritischen Nach- und Weiterdenken einladen möchte.

Islamic Natural Law Theories

Author: Anver M. Emon

Publisher: Oxford University Press

ISBN: 0199579008

Category: Law

Page: 222

View: 5564

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This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform.

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: 3076

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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.

Natural Law and Civil Sovereignty

Moral Right and State Authority in Early Modern Political Thought

Author: I. Hunter,David Saunders

Publisher: Springer

ISBN: 1403919534

Category: Science

Page: 257

View: 1651

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In Natural Law and Civil Sovereignty new research by leading international scholars is brought to bear on a single crucial issue: the role of early modern natural law doctrines in reconstructing the relations between moral right and civil authority in the face of profound religious and political conflict. In addition to providing fresh insights into the hard-fought struggle to legitimate a desacralised civil order, the book also shows the degree to which the legitimacy of the modern secular state remains dependent on this decisive set of developments.

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: 3292

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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).

Roman Law in the State of Nature

The Classical Foundations of Hugo Grotius' Natural Law

Author: Benjamin Straumann

Publisher: Cambridge University Press

ISBN: 1316241076

Category: Political Science

Page: N.A

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Roman Law in the State of Nature offers a new interpretation of the foundations of Hugo Grotius' natural law theory. Surveying the significance of texts from classical antiquity, Benjamin Straumann argues that certain classical texts, namely Roman law and a specifically Ciceronian brand of Stoicism, were particularly influential for Grotius in the construction of his theory of natural law. The book asserts that Grotius, a humanist steeped in Roman law, had many reasons to employ Roman tradition and explains how Cicero's ethics and Roman law - secular and offering a doctrine of the freedom of the high seas - were ideally suited to provide the rules for Grotius' state of nature. This fascinating new study offers historians, classicists and political theorists a fresh account of the historical background of the development of natural rights, natural law and of international legal norms as they emerged in seventeenth-century early modern Europe.

De veritate

Author: Saint Thomas (Aquinas),Thomas von Aquin

Publisher: Felix Meiner

ISBN: N.A

Category: Philosophy

Page: 96

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Die Quaestiones disputatae de veritate entstanden zwischen 1256 und 1259 und zeigen Thomas' Auseinandersetzung mit den erstarrten Lehrmeinungen der Theologie. Der Band eignet sich insbesondere als Einführung in die Grundlinien des thomistischen Denkens.

Debating Medieval Natural Law

A Survey

Author: Riccardo Saccenti

Publisher: University of Notre Dame Pess

ISBN: 0268100438

Category: Philosophy

Page: 144

View: 1857

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In Debating Medieval Natural Law: A Survey, Riccardo Saccenti examines and evaluates the major lines of interpretation of the medieval concepts of natural rights and natural law within the twentieth and early twenty-first centuries and explains how the major historiographical interpretations of ius naturale and lex naturalis have changed. His bibliographical survey analyzes not only the chronological evolution of various interpretations of natural law but also how they differ, in an effort to shed light on the historical debate and on the medieval roots of modern human rights theories. Saccenti critically examines the historical analyses of the major historians of medieval political and legal thought while addressing how to further research on the subject. His perspective interlaces different disciplinary points of view: history of philosophy, as well as history of canon and civil law and history of theology. By focusing on a variety of disciplines, Saccenti creates an opportunity to evaluate each interpretation of medieval lex naturalis in terms of the area it enlightens and within specific cultural contexts. His survey is a basis for future studies concerning this topic and will be of interest to scholars of the history of law and, more generally, of the history of ideas in the twentieth century.

Das Recht der Völker

Enthält: "Nochmals: Die Idee der öffentlichen Vernunft"

Author: John Rawls

Publisher: Walter de Gruyter

ISBN: 3110898535

Category: Philosophy

Page: 294

View: 8532

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Welche Bedingungen lassen Völker gerecht und friedlich zusammenleben? Unter welchen Umständen sind Kriege gerechtfertigt? Welche Leitlinien müssen gegeben sein für Organisationen, die eine gerechte Gesellschaft von Völkern mit gleichen Rechten herzustellen vermögen? In acht Grundsätzen für eine gerechte internationale Ordnung entwickelt der amerikanische Philosoph John Rawls einen hypothetischen "Vertrag der Gesellschaft der Völker". Das jüngste Buch von John Rawls ist nach A Theory of Justice 1971, dt. 1975) und Political Liberalism (1993, dt. 1998) ein weiteres wichtiges Werk des bedeutenden amerikanischen Philosophen. Die Originalausgabe (The Law of Peoples, 1999) hat zu heftigen Kontroversen geführt.