Natural Law And The Theory Of Society 1500 1800
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| Author | : Otto Friedrich von Gierke |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 518 |
| Release | : 2001 |
| Genre | : Natural law |
| ISBN | : 1584771496 |
Gierke, Otto. Natural Law and the Theory of Society 1500 to 1800. With a Lecture on the Ideas of Natural Law and Humanity by Ernst Troeltsch. Translated with an Introduction by Ernest Barker. Complete in one volume. Cambridge: The University Press, 1950. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 2001016483. ISBN 1-58477-149-6. Cloth. $110. * Reprint complete in one volume that contains "an English translation of five sections of the fourth volume of Otto von Gierke's magisterial treatise on the history of the German law of associations. When this edition was published, all competent students of the history of jurisprudence and political thought at once recognized that Professor Barker had made a very important contribution to the literature of these fields, none the less so because of the elaborate and learned Introduction which he himself had contributed." C.J. Friedrich, Harv. L. Rev. 49:677-680 cited in Marke, Catalogue of the Law Collection at New York University 938. Gierke [1841-1921], an important German jurist, is widely considered to be a founder of modern German constitutional law.
| Author | : Otto von Gierke |
| Publisher | : |
| Total Pages | : 542 |
| Release | : 1957 |
| Genre | : Corporation law |
| ISBN | : |
| Author | : Otto Friedrich von Gierke |
| Publisher | : |
| Total Pages | : 423 |
| Release | : 1950 |
| Genre | : |
| ISBN | : |
| Author | : T. J. Hochstrasser |
| Publisher | : Cambridge University Press |
| Total Pages | : 270 |
| Release | : 2000-09-14 |
| Genre | : Political Science |
| ISBN | : 1139435302 |
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.
| Author | : Peter Stanlis |
| Publisher | : Routledge |
| Total Pages | : 348 |
| Release | : 2017-09-29 |
| Genre | : Philosophy |
| ISBN | : 1351312278 |
Today the idea of natural law as the basic ingredient in moral, legal, and political thought presents a challenge not faced for almost two hundred years. On the surface, there would appear to be little room in the contemporary world for a widespread belief in natural law. The basic philosophies of the opposition--the rationalism of the philosophes, the utilitarianism of Bentham, the materialism of Marx--appear to have made prior philosophies irrelevant. Yet these newer philosophies themselves have been overtaken by disillusionment born of conflicts between "might" and "right." Many thoughtful people who were loyal to secular belief have become dissatisfied with the lack of normative principles and have turned once more to natural law. This first book-length study of Edmund Burke and his philosophy, originally published in 1958, explores this intellectual giant's relationship to, and belief in, the natural law. It has long been thought that Edmund Burke was an enemy of the natural law, and was a proponent of conservative utilitarianism. Peter J. Stanlis shows that, on the contrary, Burke was one of the most eloquent and profound defenders of natural law morality and politics in Western civilization. A philosopher in the classical tradition of Aristotle and Cicero, and in the Scholastic tradition of Aquinas, Burke appealed to natural law in the political problems he encountered in American, Irish, Indian, and British affairs, and in reaction to the French Revolution. This book is as relevant today as it was when it was first published, and will be mandatory reading for students of philosophy, political science, law, and history.
| Author | : Alejandro Néstor García Martínez |
| Publisher | : Cambridge Scholars Publishing |
| Total Pages | : 485 |
| Release | : 2009-03-26 |
| Genre | : Philosophy |
| ISBN | : 1443808938 |
Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to a better understanding of human goods without contradictions and partial bias. The purpose of the present volume is to provide an overview of the history of this concept (Cicero, St. Paul, Aquinas, Melanchthon, Montaigne, Descartes, Leibniz, Hume, Burke, Kant, MacIntyre, etc.) as well as a deep understanding of ongoing research, both in Europe and in America. Furthermore, the specificity of these studies will be of particular value to philosophers, law-philosophers, historians, anthropologists, sociologists and theologians, and those concerned on such issues as the relation between law and moral norm, law and practical reason, and the presence of the idea of natural law in several prominent thinkers. It includes a selected bibliography on natural law. The book also provides an excellent introduction to several of the major topics in natural law theory making it useful both as a reference text and as a sourcebook for academics alike. "Natural law is a rich, complex, and highly disputed term. Since its first appearances in the history of Western civilization, it has been used both to point to God as the source of the moral order and to assert that there is an objective order of justice in nature that men and their laws ought to respect. In modern times, natural law theory gave birth to what we usually call “human rights.” Unlike the meaning of the term, the importance of an ongoing debate on natural law and on the theories related to it is undisputable. This is why I welcome today this new collection of essays edited by Alejandro Néstor García Martínez, Mario Šilar and José M. Torralba. Natural Law: Historical, Systematic and Juridical Approaches includes a wide variety of studies, covering key authors and issues in natural law theory. Younger students will appreciate the clarity of the chapters, and more trained readers the detailed and accurate bibliographical references that each of them offers. The editors’s choice to go from a historical approach to contemporary theories, and then to theoretical and more practical issues is also commendable. Students in philosophy and in legal theory will greatly benefit from this book." —Fulvio Di Blasi, author of God and the Natural Law: A Rereading of Thomas Aquinas
| Author | : Ana Marta González |
| Publisher | : Routledge |
| Total Pages | : 335 |
| Release | : 2016-05-13 |
| Genre | : Philosophy |
| ISBN | : 1317160606 |
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.
| Author | : Georges Lefebvre |
| Publisher | : Columbia University Press |
| Total Pages | : 388 |
| Release | : 1962 |
| Genre | : History |
| ISBN | : 9780231085984 |
"A translation of the first three parts of La Râevolution franðcaise, ... volume XIII of the series Peuples et civilisations"--Copyright page.
| Author | : Frederick G. Whelan |
| Publisher | : Routledge |
| Total Pages | : 254 |
| Release | : 2014-12-05 |
| Genre | : Political Science |
| ISBN | : 1317573803 |
Intended for scholars in the fields of political theory, and the history of political thought, this two-volume examines David Hume's Political Thought (1711-1776) and that of his contemporaries, including Smith, Blackstone, Burke and Robertson. This book is unified by its temporal focus on the middle and later decades of the eighteenth century and hence on what is usually taken to be the core period of the Enlightenment, a somewhat problematic term. Covering topics such as property, contract and resistance theory, religious establishments, the law of nations, the balance of power, demography, and the role of unintended consequences in social life, Frederick G. Whelan convincingly conveys the diversity--and creativity--of the intellectual engagements of even a limited set of Enlightenment thinkers in contrast to dismissive attitudes, in some quarters, toward the Enlightenment and its supposed unitary project. Political Thought of Hume and his Contemporaries: Enlightenment Projects Vol. 2 contains six in-depth studies of eighteenth-century political thought, including both normative issues and examples of Enlightenment social science, including international relations and law, the problem of double standards, political economy, demography, and the causes of imperial decline. The central figure is David Hume, with substantial attention to William Robertson, Adam Smith, Montesquieu, Malthus, and others.
| Author | : Ian Tregenza |
| Publisher | : Andrews UK Limited |
| Total Pages | : 277 |
| Release | : 2016-08-03 |
| Genre | : Philosophy |
| ISBN | : 1845405420 |
Michael Oakeshott is widely recognised to be one of the most original political philosophers of the twentieth century. He also developed a very influential interpretation of the ideas of the great seventeenth century philosopher Thomas Hobbes. While many commentators have noted the importance of Hobbes for understanding Oakeshott's thought itself, this is the first book to provide a systematic interpretation of Oakeshott's philosophy by paying close attention to all facets of Oakeshott’s reading of Hobbes. On the surface, Oakeshott, the philosophical idealist and critic of rationalism in politics, would seem to have little in common with Hobbes, who is often regarded as a classic materialist and rationalist philosopher. This work shows, however, that despite appearances, there are many basic affinities between the two thinkers and that Oakeshott brought to the surface aspects of Hobbes’s thought that had previously been overlooked by Hobbes scholars. The development of Oakeshott’s own theory is shown to mirror changes in his reading of Hobbes and many of the distinctive features of Oakeshott’s thought including the modal and sceptical conception of human knowledge, the ‘morality of individuality’, the theory of civil association, and the critique of rationalism all find a fascinating focal point in his writings on Hobbes. Some attention is also paid to Oakeshott’s religious ideas, indicating what they share with Hobbes’s philosophy of religion. The book situates Oakeshott’s reading in relation to some other important twentieth century interpretations of Hobbes and examines its significance for broader debates in political theory and the history of ideas.
