Two Books of the Elements of Universal Jurisprudence

Two Books of the Elements of Universal Jurisprudence
Author: Samuel Freiherr von Pufendorf
Publisher:
Total Pages: 425
Release: 2009-02-27
Genre: Philosophy
ISBN: 9780865976191

This was Pufendorf's first work, published in 1660. Its appearance effectively inaugurated the modern natural-law movement in the German-speaking world. The work also established Pufendorf as a key figure and laid the foundations for his major works, which were to sweep across Europe and North America. Pufendorf rejected the concept of natural rights as liberties and the suggestion that political government is justified by its protection of such rights, arguing instead for a principled limit to the state's role in human life.

Impassioned Jurisprudence

Impassioned Jurisprudence
Author: Nancy E. Johnson
Publisher: Rowman & Littlefield
Total Pages: 199
Release: 2015-06-05
Genre: Literary Criticism
ISBN: 1611486769

In this volume of essays, scholars of the interdisciplinary field of law and literature write about the role of emotion in English law and legal theory in the late eighteenth and early nineteenth centuries. The law’s claims to reason provided a growing citizenry that was beginning to establish its rights with an assurance of fairness and equity. Yet, an investigation of the rational discourse of the law reveals at its core the processes of emotion, and a study of literature that engages with the law exposes the potency of emotion in the practice and understanding of the law. Examining both legal and literary texts, the authors in this collection consider the emotion that infuses the law and find that feeling, sentiment and passion are integral to juridical thought as well as to specific legislation.

Hegel's Laws

Hegel's Laws
Author:
Publisher: Stanford University Press
Total Pages: 400
Release: 2008-06-20
Genre: Law
ISBN: 0804779414

An introduction to Hegel's ideas on the nature of law. This book takes readers through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the state, and international law.

The Invention of Custom

The Invention of Custom
Author: Francesca Iurlaro
Publisher: Oxford University Press
Total Pages: 486
Release: 2021-12-23
Genre: Law
ISBN: 0192652826

The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.

The Devil's Riches

The Devil's Riches
Author: Jared Poley
Publisher: Berghahn Books
Total Pages: 225
Release: 2016-02-01
Genre: History
ISBN: 1785331272

A seeming constant in the history of capitalism, greed has nonetheless undergone considerable transformations over the last five hundred years. This multilayered account offers a fresh take on an old topic, arguing that greed was experienced as a moral phenomenon and deployed to make sense of an unjust world. Focusing specifically on the interrelated themes of religion, economics, and health—each of which sought to study and channel the power of financial desire—Jared Poley shows how evolving ideas about greed became formative elements of the modern experience.

Slavery and Race

Slavery and Race
Author: JULIA. JORATI
Publisher: Oxford University Press
Total Pages: 361
Release: 2024-07-23
Genre: History
ISBN: 0197659489

Slavery and Race: Philosophical Debates in the Sixteenth and Seventeenth Centuries explores philosophical ideas, theories, and arguments that are central to early modern discussions of slavery. Jorati explores a topic that is widely neglected by historians of philosophy: debates about the morality of slavery in sixteenth- and seventeenth-century America and Europe. Slavery and Race: Philosophical Debates in the Sixteenth and Seventeenth Centuries explores philosophical ideas, theories, and arguments that are central to early modern discussions of slavery. It is a companion volume to Jorati's Slavery and Race: Philosophy Debates in the Eighteenth Century (OUP 2023).

The Voice of Conscience

The Voice of Conscience
Author: Mika Ojakangas
Publisher: Bloomsbury Publishing USA
Total Pages: 265
Release: 2013-07-18
Genre: Political Science
ISBN: 1623567203

In Western thought, it has been persistently assumed that in moral and political matters, people should rely on the inner voice of conscience rather than on external authorities, laws, and regulations. This volume investigates this concept, examining the development of the Western politics of conscience, from Socrates to the present, and the formation of the Western ethico-political subject. The work opens with a discussion of the ambiguous role of conscience in politics, contesting the claim that it is the best defense against totalitarianism. It then look back at canonical authors, from the Church Fathers and Luther to Rousseau and Derrida, to show how the experience of conscience constitutes the foundation of Western ethics and politics. This unique work not only synthesizes philosophical and political insights, but also pays attention to political theology to provide a compelling and innovative argument that the experience of conscience has always been at the core of the political Western tradition. An engaging and accessible text, it will appeal to political theorists and philosophers as well as theologians and those interested in the critique of the Western civilization.

To the Uttermost Parts of the Earth

To the Uttermost Parts of the Earth
Author: Martti Koskenniemi
Publisher: Cambridge University Press
Total Pages: 1127
Release: 2021-08-26
Genre: History
ISBN: 0521768594

A critical history of European sovereignty and property rights as the foundation of the international order in 1300-1870.

Oxford Studies in Normative Ethics, Volume 5

Oxford Studies in Normative Ethics, Volume 5
Author: Mark Timmons
Publisher: OUP Oxford
Total Pages: 342
Release: 2015-10-01
Genre: Philosophy
ISBN: 0191062103

Oxford Studies in Normative Ethics is an annual forum for new work in normative ethical theory. Leading philosophers present original contributions to our understanding of a wide range of moral issues and positions, from analysis of competing approaches to normative ethics (including moral realism, constructivism, and expressivism) to questions of how we should act and live well. OSNE will be an essential resource for scholars and students working in moral philosophy.

The Adam Smith Review

The Adam Smith Review
Author: Fonna Forman
Publisher: Taylor & Francis
Total Pages: 413
Release: 2020-12-28
Genre: Business & Economics
ISBN: 1000098206

Adam Smith’s contribution to economics is well recognised, yet scholars have recently been exploring anew the multidisciplinary nature of his works. The Adam Smith Review is a rigorously refereed annual review that provides a unique forum for interdisciplinary debate on all aspects of Adam Smith’s works, his place in history, and the significance of his writings to the modern world. It is aimed at facilitating debate among scholars working across the humanities and social sciences, thus emulating the reach of the Enlightenment world which Smith helped to shape. This twelfth volume brings together leading scholars from across several disciplines and contributes to two particular themes. First, there is a focus on Adam Smith’s moral and political philosophy, exploring how Smith’s approach finds expression in both abstract philosophy and practical judgment. Second, there is a focus on epistemology, economics, and law, with innovative interpretations of Smithian theories.