The Rise and Fall of Natural Law

Author: Friedrich Julius Stahl

Publisher: WordBridge Publishing


Category: Law

Page: 304

View: 963

Our age is characterized by radical subjectivism. Which is to say: There is no agreement on any absolute standard of value. Indeed, there is no agreement even on truth itself. And as a matter of fact, the very concept of objective, absolute truth has been cast aside in favor of “truths” – your truth, my truth, whoever’s truth. The result is the abandonment of the pursuit of truth at all, in favor of convictions, emotional appeals in favor of those convictions, and the pursuit of political power to put those convictions in practice. This state of affairs will come as no surprise to those, like Friedrich Julius Stahl, who track the way people think, who know that ideas have consequences and that thought eventually feeds into practice. This is especially the case with legal philosophy. Here is where theory and practice confront each other, where the rubber meets the road. And the history of legal philosophy is the history of ideas having consequences. This history can tell us a great deal about how we arrived at the current state of affairs. When we look at it, we find that the key player in this history is natural law. Once the mainstay of ethical and legal discourse, it is now a forgotten relic. But natural law paved the way for the triumph of subjectivism in the modern world. A strange thing, considering that natural law was supposed to embody an objective standard for judging man-made law. It ended up eliminating that standard. How this came about is the burden of The Rise and Fall of Natural Law. Natural law was born of the Greeks and Romans, adopted by the Christian church, and converted into the bulwark of Christian ethical and legal science. But along the way it became disengaged from the church; and when it did, it played a central role in secularizing Western civilization. Stahl follows this career, from its start in classical antiquity, through to its incorporation in the scholasticism of the Middle Ages, to its secularized versions in the Enlightenment, and culminating in the philosophy of Rousseau and the hard reality of the French Revolution. The subjectivist turn is especially emphasized in the work of Johann Gottlieb Fichte, whose focus on enthusiastic conviction and the primacy of the subject makes him the prophet of the modern world. Although Fichte wrote at the turn of the 19th century, it is in our day that his orientation has triumphed. His story, and the stories of those leading up to him – the leading characters in “the Rise and Fall of Natural Law” – are crucial to understanding the genesis of the modern world.
The Decline of Natural Law

Author: Stuart Banner

Publisher: Oxford University Press

ISBN: 9780197556511

Category: Law


View: 578

An account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation. Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead. In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. And finally, he describes both the profession's rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law. The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.
Research Handbook on Natural Law Theory

Author: Jonathan Crowe

Publisher: Edward Elgar Publishing

ISBN: 9781788110044

Category: Law

Page: 464

View: 205

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.
The Rise & Fall of Classical Legal Thought

Author: Duncan Kennedy

Publisher: Beard Books

ISBN: 9781587982781

Category: Law

Page: 273

View: 205

Legal historian G. Edward White recently described it as the "most widely circulated and cited unpublished manuscript in twentieth-century American legal scholarship since Hart & Sacks' Legal Process materials." It began the re-evaluation of law in the Gilded Age, and gave it its current name of Classical Legal Thought. It was also one of the first and most influential of the works that introduced European critical theory and structuralism into the study of American law. This reprint comes with a substantial new Introduction that puts the work in context and relates it to current scholarship in the field. It should interest historians generally as well as readers curious about how our legal system got its special modern character --
The Invention of Autonomy

Author: Jerome B. Schneewind

Publisher: Cambridge University Press

ISBN: 052147938X

Category: Philosophy

Page: 652

View: 268

This remarkable book is the most comprehensive study ever written of the history of moral philosophy in the seventeenth and eighteenth centuries. Its aim is to set Kant's still influential ethics in its historical context by showing in detail what the central questions in moral philosophy were for him and how he arrived at his own distinctive ethical views. The book is organised into four main sections, each exploring moral philosophy by discussing the work of many influential philosophers of the seventeenth and eighteenth centuries. In an epilogue the author discusses Kant's view of his own historicity, and of the aims of moral philosophy. In its range, in its analyses of many philosophers not discussed elsewhere, and in revealing the subtle interweaving of religious and political thought with moral philosophy, this is an unprecedented account of the evolution of Kant's ethics.
The Recovery of Historical Law

Author: Friedrich Julius Stahl

Publisher: WordBridge Publishing


Category: Law

Page: 223

View: 278

As the world reels from crisis to crisis, the most serious one seems to draw the least attention. And that is the crisis of the Western mind. The seeds of radical subjectivism sown at the time of a previous such crisis, chronicled in Paul Hazard’s Crisis of the European Mind, have now borne fruit, fruit of such stupendous magnitude that they threaten to drag us down into the depths of cultural despair. In The Rise and Fall of Natural Law, this descent into the maelstrom was chronicled from its origin to its inevitable conclusion – at least, in the world of intellect. Culture lags intellect, but it is never insulated from it. Ideas do have consequences. The intellectual counterpart to our cultural crisis already played itself out 200 years ago. The crisis of the European mind, by which intellectual culture shifted from Revelation to Reason, found its fitting conclusion in the work of the ultimate solipsist, Johann Gottlieb Fichte. Fichte’s focus on enthusiastic conviction and the primacy of the subjective makes him the prophet of the modern world. Indeed, his orientation has now triumphed for all to see. His story, and the stories of those leading up to him – the leading characters in “the Rise and Fall of Natural Law” – are crucial to understanding the genesis of the modern world. But that is not the end of the story, for history goes on. That spot, precisely where the first half of Stahl’s history of legal philosophy leaves off, is where the second half picks up. The Recovery of Historical Law narrates the attempts to overcome this radical subjectivism and establish a functioning social order in which the ideal matches up with the real, the theory is in harmony with the practice. After discussing the work of Locke, Montesquieu, Constant, and the Doctrinaires, all of whom functioned fully within the framework of autonomous natural law while attempting to mitigate it, Stahl reveals the hero of the story: Friedrich Schelling. It was Schelling who initiated the gargantuan task of reorienting philosophy away from subjectivism and back toward objective reality. Stahl characterizes this as a “Samsonesque act” whereby Schelling “lifted the temple of the previous philosophy off of its pillars and buried the whole army of enemies, himself included, under its ruins.” For one thing, this explains the cover illustration, “Samson Destroying the Philistine Temple.” For another, it intimates how Schelling, like Moses, stood at the entry to the Promised Land without entering in. Schelling’s philosophy is an exercise in pantheism, an orientation from which he struggled to free himself later in life. And in fact, Hegel, his great fellow laborer in so-called “speculative philosophy,” took that pantheism and turned it into a mighty system in its own right. A rabbit trail that carried many into another dead end, one with which we wrestle today: “conscious” or “woke” big government. But that is not the end of the story. Schelling’s first fruits were recovered by the Historical School of Jurisprudence, led by Friedrich Carl von Savigny. Here the work of Counter-Revolutionaries such as Joseph de Maistre and Edmund Burke was carried forward to bear fruit for jurisprudence. And this is the foundation for Stahl’s own system, as contained in Volume II: The Doctrine of Law and State on the Basis of the Christian World-View. It is on this basis that the laborious task to reconstruct Western civilization can begin. And not a moment too soon.
Natural Law Today

Author: Christopher Wolfe

Publisher: Rowman & Littlefield

ISBN: 9781498576437

Category: Philosophy

Page: 186

View: 904

Natural Law Today gives a strong voice to classical natural law theory as the best answers to the fundamental questions of ethics and as the best framework for political and social life. It explains various aspects of that theory and defends it against common misperceptions and criticisms.
Natural Law Republicanism

Author: Michael C. Hawley

Publisher: Oxford University Press

ISBN: 9780197582336

Category: History

Page: 264

View: 279

"By any metric, Cicero's works are some of the most widely read in the history of Western thought. In this book, Michael Hawley suggests that perhaps Cicero's most lasting and significant contribution to philosophy lies in helping to inspire the development of liberalism. Individual rights, the protection of private property, and political legitimacy based on the consent of the governed are often taken to be among early modern liberalism's unique innovations and part of its rebellion against classical thought. However, this book demonstrates that Cicero's thought played a central role in shaping and inspiring the liberal republican project. Cicero argued that liberty for individuals could arise only in a res publica in which the claims of the people to be sovereign were somehow united with a commitment to universal moral law, which limits what the people can rightfully do. Figures such as Hugo Grotius, John Locke, and John Adams sought to work through the tensions in Cicero's vision, laying the groundwork for a theory of politics in which the freedom of the individual and the people's collective right to rule were mediated by natural law. This book traces the development of this intellectual tradition from Cicero's original articulation through the American Founding. It concludes by exploring how our modern political ideas remain dependent on the conception of just politics first elaborated by Rome's great philosopher-statesman"--
Human Rights

Author: Michael Freeman

Publisher: Polity

ISBN: 9780745639666

Category: Political Science

Page: 241

View: 415

Introducing readers to the theory and practice of human rights, this text emphasises how the experiences of the victims of human rights violations are related to legal, philosophical and social-scientific approaches to human rights.
Mirror of Consciousness

Author: Anna J. Bonshek

Publisher: Motilal Banarsidass Publishe

ISBN: 8120817745

Category: Art and religion

Page: 516

View: 831

Mirror of Consciousness ambitiously traverses a wide range of themes pertaining to art, creativity, knowledge and theory. Its unique perspective lies in its exposition of Vedic Science as brought to light by His Holiness Maharishi Mahesh Yogi and in the application of the principles of this science to preliminary analysis of the Vastusutra Upanishad. No other publication has examined art and theory with the same comprehensive vision. To do justice to the topic of universal value in art and theory, the author has delved into several areas that impact the visual arts--late twentieth-century debates in art theory, models of historiography, new definitions of culture and tradition--in the context of the individual`s own consciousness or simplest form of awareness. Though comprehensive and detailed, it will appeal to those who are curious about trends in the visual arts, the advent and impact of new technologies, and the development of collective consciousness in our time.
The Nature of Customary Law

Author: Amanda Perreau-Saussine

Publisher: Cambridge University Press

ISBN: 9781139463218

Category: Law


View: 980

Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.