Interpretation Of Law In The Age Of Enlightenment
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Author | : Yasutomo Morigiwa |
Publisher | : Springer Science & Business Media |
Total Pages | : 198 |
Release | : 2011-06-29 |
Genre | : Philosophy |
ISBN | : 9400715064 |
A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.
Author | : John Robertson |
Publisher | : Oxford University Press, USA |
Total Pages | : 169 |
Release | : 2015 |
Genre | : Electronic books |
ISBN | : 0199591784 |
This introduction explores the history of the 18th-century Enlightenment movement. Considering its intellectual commitments, Robertson then turns to their impact on society, and the ways in which Enlightenment thinkers sought to further the goal of human betterment, by promoting economic improvement and civil and political justice.
Author | : Jonathan C. P. Birch |
Publisher | : Springer |
Total Pages | : 506 |
Release | : 2019-07-18 |
Genre | : History |
ISBN | : 1137512768 |
This book explores the religious concerns of Enlightenment thinkers from Thomas Hobbes to Thomas Jefferson. Using an innovative method, the study illuminates the intellectual history of the age through interpretations of Jesus between c.1650 and c.1826. The book demonstrates the persistence of theology in modern philosophy and the projects of social reform and amelioration associated with the Enlightenment. At the core of many of these projects was a robust moral-theological realism, sometimes manifest in a natural law ethic, but always associated with Jesus and a commitment to the sovereign goodness of God. This ethical orientation in Enlightenment discourse is found in a range of different metaphysical and political identities (dualist and monist; progressive and radical) which intersect with earlier ‘heretical’ tendencies in Christian thought (Arianism, Pelagianism, and Marcionism). This intellectual matrix helped to produce the discourses of irenic toleration which are a legacy of the Enlightenment at its best.
Author | : Immanuel Kant |
Publisher | : |
Total Pages | : 308 |
Release | : 1949 |
Genre | : Ethics |
ISBN | : |
Author | : Robert Wokler |
Publisher | : Princeton University Press |
Total Pages | : 420 |
Release | : 2012 |
Genre | : History |
ISBN | : 0691147892 |
Robert Wokler was one of the world's leading experts on Rousseau and the Enlightenment, but some of his best work was published in the form of widely scattered and difficult-to-find essays. This book collects for the first time a representative selection of his most important essays on Rousseau and the legacy of Enlightenment political thought. These essays concern many of the great themes of the age, including liberty, equality and the origins of revolution. But they also address a number of less prominent debates, including those over cosmopolitanism, the nature and social role of music and the origins of the human sciences in the Enlightenment controversy over the relationship between humans and the great apes. These essays also explore Rousseau's relationships to Rameau, Pufendorf, Voltaire and Marx; reflect on the work of important earlier scholars of the Enlightenment, including Ernst Cassirer and Isaiah Berlin; and examine the influence of the Enlightenment on the twentieth century. One of the central themes of the book is a defense of the Enlightenment against the common charge that it bears responsibility for the Terror of the French Revolution, the totalitarian regimes of the twentieth-century and the Holocaust.
Author | : Caroline Winterer |
Publisher | : Yale University Press |
Total Pages | : 368 |
Release | : 2016-10-25 |
Genre | : History |
ISBN | : 0300224567 |
A provocative reassessment of the concept of an American golden age of European-born reason and intellectual curiosity in the years following the Revolutionary War The accepted myth of the “American Enlightenment” suggests that the rejection of monarchy and establishment of a new republic in the United States in the eighteenth century was the realization of utopian philosophies born in the intellectual salons of Europe and radiating outward to the New World. In this revelatory work, Stanford historian Caroline Winterer argues that a national mythology of a unitary, patriotic era of enlightenment in America was created during the Cold War to act as a shield against the threat of totalitarianism, and that Americans followed many paths toward political, religious, scientific, and artistic enlightenment in the 1700s that were influenced by European models in more complex ways than commonly thought. Winterer’s book strips away our modern inventions of the American national past, exploring which of our ideas and ideals are truly rooted in the eighteenth century and which are inventions and mystifications of more recent times.
Author | : Robert A. Ferguson |
Publisher | : Harvard University Press |
Total Pages | : 238 |
Release | : 1997 |
Genre | : History |
ISBN | : 9780674023222 |
This concise literary history of the American Enlightenment captures the varied and conflicting voices of religious and political conviction in the decades when the new nation was formed. Robert Ferguson's trenchant interpretation yields new understanding of this pivotal period for American culture.
Author | : Pierre Saint-Amand |
Publisher | : Princeton University Press |
Total Pages | : 169 |
Release | : 2011-05-09 |
Genre | : Philosophy |
ISBN | : 1400838711 |
We think of the Enlightenment as an era dominated by ideas of progress, production, and industry--not an era that favored the lax and indolent individual. But was the Enlightenment only about the unceasing improvement of self and society? The Pursuit of Laziness examines moral, political, and economic treatises of the period, and reveals that crucial eighteenth-century texts did find value in idleness and nonproductivity. Fleshing out Enlightenment thinking in the works of Denis Diderot, Joseph Joubert, Pierre de Marivaux, Jean-Jacques Rousseau, and Jean-Siméon Chardin, this book explores idleness in all its guises, and illustrates that laziness existed, not as a vice of the wretched, but as an exemplar of modernity and a resistance to beliefs about virtue and utility. Whether in the dawdlings of Marivaux's journalist who delayed and procrastinated or in the subjects of Chardin's paintings who delighted in suspended, playful time, Pierre Saint-Amand shows how eighteenth-century works provided a strong argument for laziness. Rousseau abandoned his previous defense of labor to pursue reverie and botanical walks, Diderot emphasized a parasitic strategy of resisting work in order to liberate time, and Joubert's little-known posthumous Notebooks radically opposed the central philosophy of the Enlightenment in a quest to infinitely postpone work. Unsettling the stubborn view of the eighteenth century as an age of frenetic industriousness and labor, The Pursuit of Laziness plumbs the texts and images of the time and uncovers deliberate yearnings for slowness and recreation. Some images inside the book are unavailable due to digital copyright restrictions.
Author | : Steven Pinker |
Publisher | : Penguin |
Total Pages | : 578 |
Release | : 2018-02-13 |
Genre | : Psychology |
ISBN | : 0525427570 |
INSTANT NEW YORK TIMES BESTSELLER A NEW YORK TIMES NOTABLE BOOK OF 2018 ONE OF THE ECONOMIST'S BOOKS OF THE YEAR "My new favorite book of all time." --Bill Gates If you think the world is coming to an end, think again: people are living longer, healthier, freer, and happier lives, and while our problems are formidable, the solutions lie in the Enlightenment ideal of using reason and science. By the author of the new book, Rationality. Is the world really falling apart? Is the ideal of progress obsolete? In this elegant assessment of the human condition in the third millennium, cognitive scientist and public intellectual Steven Pinker urges us to step back from the gory headlines and prophecies of doom, which play to our psychological biases. Instead, follow the data: In seventy-five jaw-dropping graphs, Pinker shows that life, health, prosperity, safety, peace, knowledge, and happiness are on the rise, not just in the West, but worldwide. This progress is not the result of some cosmic force. It is a gift of the Enlightenment: the conviction that reason and science can enhance human flourishing. Far from being a naïve hope, the Enlightenment, we now know, has worked. But more than ever, it needs a vigorous defense. The Enlightenment project swims against currents of human nature--tribalism, authoritarianism, demonization, magical thinking--which demagogues are all too willing to exploit. Many commentators, committed to political, religious, or romantic ideologies, fight a rearguard action against it. The result is a corrosive fatalism and a willingness to wreck the precious institutions of liberal democracy and global cooperation. With intellectual depth and literary flair, Enlightenment Now makes the case for reason, science, and humanism: the ideals we need to confront our problems and continue our progress.
Author | : Charles de Secondat baron de Montesquieu |
Publisher | : |
Total Pages | : 492 |
Release | : 1886 |
Genre | : Jurisprudence |
ISBN | : |