Metaphysics and modernity: Natural law and natural rights in Gershom Carmichael and Francis Hutcheson
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Scottish Philosophy 7 (1):87-102 (2009)
This paper argues that the founding fathers of the tradition of Scottish Enlightenment natural jurisprudence, Gersholm Carmichael (1672–1729) and Francis Hutcheson (1694–1746), articulated a view of rights that is pertinent to the contemporary dominance of the language of rights. Maintaining a metaphysical foundation for rights while drawing upon the early-modern Protestant natural law tradition, their conception of rights is more significantly indebted to the pre-modern scholastic natural law tradition than often realized. This is illustrated by exploring some of the background to their respective theories of rights, detailing the precise reasoning that Carmichael and Hutcheson brought to bear upon their conception of rights, and then exploring their application of their understanding of rights to the question of property
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
John Finnis (1980/1979). Natural Law and Natural Rights. Oxford University Press.
Francis Hutcheson (1726/1971). An Inquiry Into the Original of Our Ideas of Beauty and Virtue. New York,Garland Pub..
Citations of this work BETA
No citations found.
Similar books and articles
Hugh Breakey (2010). Natural Intellectual Property Rights and the Public Domain. Modern Law Review 73 (2):208-239.
Richard Tuck (1979). Natural Rights Theories: Their Origin and Development. Cambridge University Press.
David Boucher (2009). The Limits of Ethics in International Relations: Natural Law, Natural Rights, and Human Rights in Transition. Oup Oxford.
Gary B. Herbert (2005). On the Misconceived Genealogy of Human Rights. Social Philosophy Today 21:17-32.
James A. Harris (2003). :Natural Rights on the Threshold of the Scottish Enlightenment: The Writings of Gershom Carmichael. Journal of Scottish Philosophy 1 (2):175-179.
Gershom Carmichael, James Moore & Michael Silverthorne (2002). Natural Rights on the Threshold of the Scottish Enlightenment the Writings of Gershom Carmichael. Liberty Fund.
C. Fred Alford (2010). Narrative, Nature, and the Natural Law: From Aquinas to International Human Rights. Palgrave Macmillan.
Francis Oakley (2005). Natural Law, Laws of Nature, Natural Rights: Continuity and Discontinuity in the History of Ideas. Continuum.
Gershom Carmichael (1985). Gershom Carmichael's Supplements and Appendix to Samuel Pufendorf's De Officio Hominis Et Civis Juxta Legem Naturalem Libri Duo, as Well as the Introduction to the 1769 Edition and the 1727 Acta Eruditorum Review of Carmichael's Notes. [REVIEW] J.N. Lenhart.
Added to index2010-07-11
Total downloads22 ( #111,395 of 1,696,562 )
Recent downloads (6 months)2 ( #247,412 of 1,696,562 )
How can I increase my downloads?