Early Modern Natural Law Theories

Author: T. Hochstrasser

Publisher: Springer Science & Business Media

ISBN: 9789401703918

Category: History

Page: 342

View: 547

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.
Jewish Legal Theories

Author: Leora Batnitzky

Publisher: Brandeis University Press

ISBN: 9781512601350

Category: Law

Page: 300

View: 674

Contemporary arguments about Jewish law uniquely reflect both the story of Jewish modernity and a crucial premise of modern conceptions of law generally: the claim of autonomy for the intellectual subject and practical sphere of the law. Jewish Legal Theories collects representative modern Jewish writings on law and provides short commentaries and annotations on these writings that situate them within Jewish thought and history, as well as within modern legal theory. The topics addressed by these documents include Jewish legal theory from the modern nation-state to its adumbration in the forms of Orthodox, Conservative, and Reform Judaism in the German-Jewish context; the development of Jewish legal philosophy in Eastern Europe beginning in the eighteenth century; Ultra-Orthodox views of Jewish law premised on the rejection of the modern nation-state; the role of Jewish law in Israel; and contemporary feminist legal theory.
Natural Law and Laws of Nature in Early Modern Europe

Author: Michael Stolleis

Publisher: Routledge

ISBN: 9781317089773

Category: History

Page: 350

View: 328

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: 246

View: 911

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.
Thomas Hobbes and the Natural Law Tradition

Author: Norberto Bobbio

Publisher: University of Chicago Press

ISBN: 0226062481

Category: Biography & Autobiography

Page: 250

View: 537

Pre-eminent among European political philosophers, Norberto Bobbio has throughout his career turned to the political theory of Thomas Hobbes. Gathered here for the first time are the most important of his essays which together provide both a valuable introduction to Hobbes's thought and a fresh understanding of Hobbes's place in the theory of modern politics. Tracing Hobbes's work through De Cive and Leviathan, Bobbio identifies the philosopher's relation to the tradition of natural law. That Hobbes must now be understood in both this tradition as well as in the seemingly contradictory positivist tradition becomes clear for the first time in Bobbio's account. Bobbio also demonstrates that Hobbes cannot be easily labelled "liberal" or "totalitarian"; in Bobbio's provocative analysis of Hobbes's justification of the state, Hobbes emerges as a true conservative. Though his primary concern is to reconstruct the inner logic of Hobbes's thought, Bobbio is also attentive to the philosopher's biography and weaves into his analysis details of Hobbes's life and world—his exile in France, his relation with the Mersenne circle, his disputes with Anglican bishops, and accusations of heresy leveled against him. The result is a revealing, thoroughly new portrait of the first theorist of the modern state.
Natural Law and Evangelical Political Thought

Author: Jesse Covington

Publisher: Lexington Books

ISBN: 9780739173237

Category: Political Science

Page: 314

View: 364

This volume explores the problems and prospects attending evangelical engagement with natural law as a key feature for political thought. Engaging theology, philosophy, political theory and biblical studies, many contributors are optimistic about the prospects of evangelical re-appropriation of natural law, but note ways in which evangelical commitments might lend distinctive shape to this engagement.
Research Handbook on Natural Law Theory

Author: Jonathan Crowe

Publisher: Edward Elgar Publishing

ISBN: 9781788110044

Category: Law

Page: 464

View: 964

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial; min-height: 11.0px} span.s1 {font: 10.0px Helvetica} This thought-provoking Research Handbook provides a snapshot of current research on natural law theory in ethics, politics and law, showcasing the breadth and diversity of contemporary natural law thought. The Research Handbook on Natural Law Theory examines topics such as foundational figures in Western natural law theory, natural law ideas in a variety of religious and cultural traditions, normative foundations of natural law, as well as issues of law and governance. Featuring contributions by leading international scholars, this Research Handbook offers a valuable resource for scholars in law, philosophy, religious studies and related fields.
Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries

Author:

Publisher: BRILL

ISBN: 9789004501782

Category: Philosophy

Page: 361

View: 373

A fresh look at the importance of natural and international law in the religious politics at the heartlands of the Reformation, from the Low Countries, the German principalities up to Transylvania; from Niels Hemmingsen to Gian Battista Vico; from religious reasons for the universalist claims of natural law to political arguments for the sacred polity, their tension and creative potential.
The Principles of Natural and Politic Law

Author: Jean Jacques Burlamaqui

Publisher: Natural Law and Enlightenment

ISBN: 0865974977

Category: Law

Page: 579

View: 215

The year 1694 saw the death of Samuel Pufendorf, who, with Hugo Grotius, was the foremost representative of the modern tradition of natural law theory, and the birth of Jean-Jacques Burlamaqui, who helped transform the tradition and convey it to new generations. As professor of natural law in Geneva, Burlamaqui used Pufendorf’s works on natural law but taught and wrote on the subject in the vernacular, not in the traditional university Latin. By making natural jurisprudence more accessible, Burlamaqui helped make it part of civic education. Burlamaqui intended his writings to defend a middle road between the two main rival traditions in early modern natural law theory, that deriving from Leibniz and Wolff and that from Pufendorf and Barbeyrac. In fact, he seems closer to the former. The basis of this version of The Principles of Natural and Politic Law is Thomas Nugent’s 1763 English translation, which became a standard textbook at Cambridge and at many premier American colleges, including Princeton, Harvard, and the University of Pennsylvania. The first scholarly work on Burlamaqui was written by an American, M. Ray Forrest Harvey, who in 1937 argued that Burlamaqui was well known among America’s Founding Fathers and that his writings exerted considerable influence upon the American constitutional system. In his introduction, Nugent said of Burlamaqui: "His singular beauty consists in the alliance he so carefully points out between ethics and jurisprudence, religion and politics, after the example of Plato and Tully, and the other illustrious masters of antiquity.” Jean-Jacques Burlamaqui (1694-1748) was a Swiss jurist. His chief works are Principes du droit naturel (Principles of Natural Law) (1747) and Principes du droit politique (Principles of Political Law) (1751). Petter Korkman is a Fellow at the Helsinki Collegium for Advanced Studies and is a Postdoctoral Researcher in Philosophy at the Academy of Finland. Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.
Transformations in Medieval and Early-Modern Rights Discourse

Author: Virpi Mäkinen

Publisher: Springer Science & Business Media

ISBN: 1402042116

Category: History

Page: 334

View: 198

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.
Trust in Early Modern International Political Thought, 1598–1713

Author: Peter Schröder

Publisher: Cambridge University Press

ISBN: 9781316813034

Category: Political Science

Page:

View: 950

Can there ever be trust between states? This study explores the concept of trust across different and sometimes antagonistic genres of international political thought during the seventeenth century. The natural law and reason of state traditions worked on different assumptions, but they mutually influenced each other. How have these traditions influenced the different concepts and discussions of trust-building? Bringing together international political thought and international law, Schröder analyses to what extent trust can be seen as one of the foundational concepts in the theorising of interstate relations in this decisive period. Despite the ongoing search for conditions of trust between states, we are still faced with the same structural problems. This study is therefore of interest not only to specialists and students of the early modern period, but also to everyone thinking about ways of overcoming conflicts which are aggravated by a lack of mutual trust.