Search results for 'Natural law History' (try it on Scholar)

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  1. N. MacCormick & Natural Law (1992). Natural Law Theory: Contemporary Essays. In Robert P. George (ed.), Natural Law Theory: Contemporary Essays. Oxford University Press.score: 1920.0
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  2. Francis Oakley (2005). Natural Law, Laws of Nature, Natural Rights: Continuity and Discontinuity in the History of Ideas. Continuum.score: 657.0
    Metaphysical schemata and intellectual traditions -- Laws of nature : the scientific concept -- Natural law : disputed moments of transition -- Natural rights : origins and grounding.
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  3. Michaela Rehm (2012). Obligation in Rousseau: Making Natural Law History? Jahrbuch für Recht Und Ethik/Annual Review of Law and Ethics 20:139-154.score: 630.0
    Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for (...)
     
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  4. Francis Oakley (1984). Natural Law, Conciliarism, and Consent in the Late Middle Ages: Studies in Ecclesiastical and Intellectual History. Variorum Reprints.score: 615.0
     
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  5. Francesco Fagiani (1983). Natural Law and History in Locke's Theory of Distributive Justice. Topoi 2 (2):163-185.score: 561.0
    According to the tradition of natural law justice is inherent to, and should always be observed in, all interpersonal relations: the science of natural law is nothing more or less than the expression of such principles of justice. The theoretical peculiarities that crop up regarding the lawfulness of appropriation are determined by the indirect interpersonal relations that take place within the process of appropriation: though appropriation is an action directed not towards another person or his property, but towards (...)
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  6. T. J. Hochstrasser (2000). Natural Law Theories in the Early Enlightenment. Cambridge University Press.score: 477.0
    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 (...)
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  7. T. J. Hochstrasser & Peter Schröder (eds.) (2003). Early Modern Natural Law Theories: Contexts and Strategies in Early Enlightenment. Kluwer Academic Publishers.score: 477.0
    The study of natural law theories is presently one of the most fruitful areas of research in the studies of early modern intellectual history, and moral and political theory. Likewise the historical significance of the Enlightenment for the development of `modernisation' in many different forms continues to be the subject of controversy. This collection therefore offers a timely opportunity to re-examine both the coherence of the concept of an `early Enlightenment', and the specific contribution of natural law (...)
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  8. Knud Haakonssen (1996). Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment. Cambridge University Press.score: 477.0
    This major contribution to the history of philosophy provides the most comprehensive guide to modern natural law theory available, sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment. The time span covered is considerable: from the natural law theories of Grotius and Suarez in the early seventeenth century to the American Revolution and the beginnings of utilitarianism. After a detailed survey of modern natural law (...)
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  9. Christopher Adair-Toteff (2005). Ernst Troeltsch and the Philosophical History of Natural Law. British Journal for the History of Philosophy 13 (4):733 – 744.score: 444.0
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  10. Murray Forsyth (1982). The Place of Richard Cumberland in the History of Natural Law Doctrine. Journal of the History of Philosophy 20 (1):23-42.score: 444.0
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  11. Rafael Ramis Barceló (2010). The History of Modern Ethics and Rational Natural Law. History of European Ideas 36 (2):266-271.score: 444.0
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  12. Tony Burns (2003). The Tragedy of Slavery: Aristotle's Rhetoric and the History of the Concept of Natural Law. History of Political Thought 24 (1):16-36.score: 444.0
  13. Radoslav A. Tsanoff (1955). Book Review:Natural Law and History. Leo Strauss. [REVIEW] Ethics 65 (2):139-.score: 435.0
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  14. A. D. Barder (2007). RW Dyson, Natural Law and Political Realism in the History of Political Thought. Volume I: From the Sophists to Machiavelli. Philosophy in Review 27 (2):108.score: 435.0
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  15. Rafael Ramis Barcelo (2011). The History of Ethics (and Natural Law) by Terence Irwin. Pensamiento 67 (252):347-365.score: 435.0
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  16. Stephen Buckle (1991). Natural Law and the Theory of Property: Grotius to Hume. Oxford University Press.score: 432.0
    In this book, Buckle provides a historical perspective on the political philosophies of Locke and Hume, arguing that there are continuities in the development of seventeenth and eighteenth-century political theory which have often gone unrecognized. He begins with a detailed exposition of Grotius's and Pufendorf's modern natural law theory, focussing on their accounts of the nature of natural law, human sociability, the development of forms of property, and the question of slavery. He then shows that Locke's political theory (...)
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  17. Henrik Syse (2007). Natural Law, Religion, and Rights: An Exploration of the Relationship Between Natural Law and Natural Rights, with Special Emphasis on the Teachings of Thomas Hobbes and John Locke. St. Augustine's Press.score: 432.0
    The Euthyphro problem and the natural law : an investigation of some aspects of the medieval debate on natural law -- Aristotle : natural law and man in the "metaxy" -- St. Thomas Aquinas : the "lex naturalis" -- Thomas Hobbes : The state of nature and natural rights -- John Locke : natural law, natural rights and God -- Concluding remarks and a heavenly dialogue.
     
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  18. C. Fred Alford (2010). Narrative, Nature, and the Natural Law: From Aquinas to International Human Rights. Palgrave Macmillan.score: 432.0
    Introduction -- Saint Thomas : putting nature into natural law -- Maritain and the love for the natural law -- The new natural law and evolutionary natural law -- International human rights, natural law, and Locke -- Conclusion : evil and the limits of the natural law.
     
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  19. Linda Kirk (1987). Richard Cumberland and Natural Law: Secularisation of Thought in Seventeenth-Century England. J. Clarke & Co..score: 432.0
    The first biographical and intellectual study of the most influential of 18th century natural law philosophers.
     
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  20. Richard Henry Popkin (1986). Probability and Certainty in Seventeenth-Century England. A Study of the Relationships Between Natural Science, Religion, History, Law and Literature (Review). Journal of the History of Philosophy 24 (3):416-418.score: 414.0
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  21. Ezra Talmor (1984). Probability and Certainty in Seventeenth-Century England. A Study of the Relationships Between Natural Science, Religion, History. Law, and Literature. History of European Ideas 5 (2):209-211.score: 414.0
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  22. Michael Bertram Crowe (1977). The Changing Profile of the Natural Law. Nijhoff.score: 399.0
    This work approaches international law as more than merely information contained in international legal norms, & does not view international law as a body of ...
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  23. José María Torralba, Mario Šilar, García Martínez & Alejandro Néstor (eds.) (2008). Natural Law: Historical, Systematic and Juridical Approaches. Cambridge Scholars Pub..score: 390.0
     
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  24. Pauline C. Westerman (1998). The Disintegration of Natural Law Theory: Aquinas to Finnis. Brill.score: 390.0
  25. Paul E. Sigmund (1971/1982). Natural Law in Political Thought. University Press of America.score: 384.0
     
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  26. David Novak (1998). Natural Law in Judaism. Cambridge University Press.score: 381.0
    This book breaks new ground in the study of Judaism, in philosophy, and in comparative ethics. It demonstrates that the assumption that Judaism has no natural law theory to speak of, held by the vast majority of scholars, is simply wrong. The book shows how natural law theory, using a variety of different terms for itself throughout the ages, has been a constant element in Jewish thought. The book sorts out the varieties of Jewish natural law theory, (...)
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  27. B. H. Woo (2012). Pannenberg's Understanding of the Natural Law. Studies in Christian Ethics 25 (3):346-366.score: 381.0
    The ethics of Wolfhart Pannenberg has a nomological dimension at its center. Based on the history of the natural law tradition, Pannenberg maintains the possibility of the natural law theory on the following five grounds. -/- The theological ground is his understanding of the Decalogue, the Sermon on the Mount, and the Pauline interpretation of the law. For its historical ground, Pannenberg articulates the natural law theories of Patristic theology and the theologies of Troeltsch and Brunner. (...)
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  28. Michael Cuffaro (2011). On Thomas Hobbes's Fallible Natural Law Theory. History of Philosophy Quarterly 28 (2):175-190.score: 345.0
    It is not clear, on the face of it, whether Thomas Hobbes's legal philosophy should be considered to be an early example of legal positivism or continuous with the natural-law tradition. On the one hand, Hobbes's command theory of law seems characteristically positivistic. On the other hand, his conception of the "law of nature," as binding on both sovereign and subject, seems to point more naturally toward a natural-law reading of his philosophy. Yet despite this seeming ambiguity, Hobbes (...)
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  29. M. Eulàlia Gassó Miracle (2008). The Significance of Temminck's Work on Biogeography: Early Nineteenth Century Natural History in Leiden, the Netherlands. [REVIEW] Journal of the History of Biology 41 (4):677 - 716.score: 342.0
    C. J. Temminck, director of the Rijksmuseum van Natuurlijke Historie (now the National Museum of Natural History in Leiden) and a renowned ornithologist, gained his contemporary's respect thanks to the description of many new species and to his detailed monographs on birds. He also published a small number of works on biogeography describing the fauna of the Dutch colonies in South East Asia and Japan. These works are remarkable for two reasons. First, in them Temminck accurately described the (...)
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  30. Ruth Austin Miller (2009). Law in Crisis: The Ecstatic Subject of Natural Disaster. Stanford University Press.score: 333.0
    Law in Crisis is an unsettling history of natural disaster and political subject formation in the modern world.
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  31. Otto Friedrich von Gierke (1950/2001). Natural Law and the Theory of Society, 1500 to 1800. Lawbook Exchange.score: 303.0
    When this edition was published, all competent students of the history of jurisprudence and political thought at once recognized that Professor Barker had made ...
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  32. Ian Hunter, Global Justice and Regional Metaphysics: On the Critical History of the Law of Nature and Nations.score: 297.0
    Early modern natural law and the law of nations (jus naturae et gentium) has been criticised for the Eurocentric character of its conception of law and justice, which has been in turn linked to its role in providing an ideological justification for European imperialism and colonialism. In questioning this account, the present chapter begins by noting that this historical critique presumes that a non-Eurocentric (universal or cosmopolitan) conception of law and justice was in principle available to the early moderns, (...)
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  33. Gerhart Niemeyer (1982). What Price “Natural Law”? American Journal of Jurisprudence 27 (1):1-13.score: 297.0
    Natural” and “law” form a particular symbol pertaining to one mode of discovering the order of goodness, this mode invented by the classical Greek philosophers. They relied on a number of basic experiences and symbolic concepts: a) the nous (mind, reason); something divine in man participating in the mind of divinity; b) the distinction between “being” as the immanent order of “things” and “being” as the divine transcendence; c) the realization that man, possessing language and moral discernment, has an (...)
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  34. James W. McAllister (1997). Laws of Nature, Natural History, and the Description of the World. International Studies in the Philosophy of Science 11 (3):245 – 258.score: 291.0
    The modern sciences are divided into two groups: law-formulating and natural historical sciences. Sciences of both groups aim at describing the world, but they do so differently. Whereas the natural historical sciences produce “transcriptions” intended to be literally true of actual occurrences, laws of nature are expressive symbols of aspects of the world. The relationship between laws and the world thus resembles that between the symbols of classical iconography and the objects for which they stand. The natural (...)
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  35. Paul H. Robinson, Natural Law & Lawlessness: Modern Lessons From Pirates, Lepers, Eskimos, and Survivors.score: 291.0
    The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social (...)
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  36. S. A. Lloyd (2009). Morality in the Philosophy of Thomas Hobbes: Cases in the Law of Nature. Cambridge University Press.score: 282.0
    In this book, S. A. Lloyd offers a radically new interpretation of Hobbes's laws of nature, revealing them to be not egoistic precepts of personal prudence but rather moral instructions for obtaining the common good.
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  37. C. F. Goodey (2001). From Natural Disability to the Moral Man: Calvinism and the History of Psychology. History of the Human Sciences 14 (3):1-29.score: 276.0
    Some humanist theologians within the French Reformed Church in the 17th century developed the notion that a disability of the intellect could exist in nature independently of any moral defect, freeing its possessors from any obligations of natural law. Sharpened by disputes with the church leadership, this notion began to suggest a species-type classification that threatened to override the importance of the boundary between elect and reprobate in the doctrine of predestination. This classification seems to look forward to the (...)
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  38. Robert Chambers (1844/1994). Vestiges of the Natural History of Creation and Other Evolutionary Writings. University of Chicago Press.score: 267.0
    Originally published anonymously in 1844, Vestiges proved to be as controversial as its author expected. Integrating research in the burgeoning sciences of anthropology, geology, astronomy, biology, economics, and chemistry, it was the first attempt to connect the natural sciences to a history of creation. The author, whose identity was not revealed until 1884, was Robert Chambers, a leading Scottish writer and publisher. Vestiges reached a huge popular audience and was widely read by the social and intellectual elite. It (...)
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  39. Oscar James Brown (1981). Natural Rectitude and Divine Law in Aquinas: An Approach to an Integral Interpretation of the Thomistic Doctrine of Law. Pontifical Institute of Mediaeval Studies.score: 264.0
  40. Niall Bond (2011). Rational Natural Law and German Sociology: Hobbes, Locke and Tönnies. British Journal for the History of Philosophy 19 (6):1175 - 1200.score: 261.0
    While the roots of modern German sociology are often traced back to historicism, the importance of rational natural law in the inception of the founding work of German sociology, Gemeinschaft und Gesellschaft by Ferdinand Tönnies, intended as a ?creative synthesis? between rational natural law and romantic historicism, should not be overlooked. We show how in his earliest scholarly work on Thomas Hobbes and John Locke the shift in the meaning of the two concepts ?Gemeinschaft? and ?Gesellschaft? represents a (...)
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  41. Tony Burns (1998). Aristotle and Natural Law. History of Political Thought 19 (2):142-166.score: 261.0
    The paper presents an interpretation of Aristotle's views on natural justice in the Nicomachean Ethics. It focuses, in particular, on Aristotle's understanding of the relationship which exists between natural justice and political justice, or between natural law and positive law. It is suggested that Aristotle's views on this subject are often misunderstood. It is also suggested that, contrary to what some commentators might think, Aristotle's comments on natural justice are actually central for our understanding of his (...)
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  42. Daniel Chernilo (2010). On the Relationships Between Social Theory and Natural Law: Lessons From Karl Löwith and Leo Strauss. History of the Human Sciences 23 (5):91-112.score: 261.0
    This article offers a combined reading of Karl Löwith’s and Leo Strauss’s critique of social theory from the point of view of the natural law tradition broadly understood. Within the context of a growing interest in revisiting social theory’s debt to natural law, the piece seeks to unfold the connections between the two traditions without searching to restore any kind of natural law. Rather, it looks at their relationships as one of Aufhebung — the suspension and carrying (...)
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  43. Ross Corbett (2009). The Question of Natural Law in Aristotle. History of Political Thought 30 (2):229-250.score: 261.0
    Aristotle continues to be associated with natural law. Some scholars see this association as untenable; others adhere to Aquinas' reading, even if unconsciously. This article departs from both. It restores the plausibility of an Aristotelian natural law, but concludes that it is ultimately incompatible with Aristotle's doctrine. It is plausible because Aristotle does suggestively point towards it. He does so, however, in order to distance himself subtly from it. He must do so subtly because what he in fact (...)
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  44. Barbara Arneil (1992). John Locke, Natural Law and Colonialism. History of Political Thought 13 (4):587-603.score: 261.0
    In John Locke's Two Treatises of Government, the state of nature, and more particularly natural man, are created within the tradition of natural law. Several commentators, such as James Tully and Karl Olivecrona, have recognized this legacy in Locke's political thought.1 While providing an analysis of Locke's thought in relation to natural law, such studies, however, have not fully examined the global context within which both the Two Treatises and seventeenth-century natural law developed. Consequently the extent (...)
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  45. Timothy Stanton (2008). Hobbes and Locke on Natural Law and Jesus Christ. History of Political Thought 29 (1):65-88.score: 261.0
    The charge of Hobbism assumes a prominent position in some accounts of Locke's thought. This essay argues that the charge is misconceived, not least because it fails to appreciate the true character of Hobbes's thinking and its relation to Locke's. Hobbes's architectonic retains the traditional intellectual structure of natural law thinking, articulating it around the demands of his metaphysics in ways important for his political theory. Locke decisively rejects this structure and in doing so opens up the conceptual space (...)
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  46. John B. Noone (1972). Rousseau's Theory of Natural Law as Conditional. Journal of the History of Ideas 33 (1):23-42.score: 261.0
    Though rousseau rejects traditional versions he believes in a natural law which man can grasp independently of any knowledge of god. It is natural in the sense that in a given set of circumstances man by a combination of simple reason and conscience can know what is right and wrong, Just and unjust. However, Its obligatory character is conditional. In the one case it depends on the ascertainable fact of human enforcement, And in the other, On a strong (...)
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  47. Robert Wokler (1994). Rousseau's Pufendorf: Natural Law and the Foundations of Commercial Society. History of Political Thought 15 (3):373-402.score: 261.0
    have tried to sketch certain aspects of Rousseau's revolutionary significance on several occasions before, and I do not here mean to pursue that subject further. My aim, rather, will be to consider the political dimension of liberty, as he conceived it, in the light of a particular debate which to my mind has formed the most important contribution to the study of Rousseau's political thought in the twentieth century, around a theme which had received perhaps insufficient, and certainly less problematic, (...)
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  48. Lisa O'Connell (2012). Sir Charles Grandison, Natural Law and the Fictionalised English Gentleman. Intellectual History Review 23 (3):349-363.score: 261.0
    This article enquires into the relation between enlightened humanist conceptions of natural law and the period novel's fictionalization of the English gentleman in the context of its marriage plot. Marriage played a key role in enlightened theorisations of natural law precisely as an institution capable of grounding familial and civil life in an emerging concept of human nature. Yet public debate about the state's role in the regulation of marriage in mid-eighteenth-century England demonstrates that natural law lent (...)
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  49. W. Randal Ward (1995). Divine Will, Natural Law and the Voluntarism/Intellectualism Debate in Locke. History of Political Thought 16 (2):208-218.score: 261.0
    In Part I of this paper I will demonstrate that Soles fails to show any inconsistency in Locke's position on the origin of natural law's binding force. In doing so I hope to show that the stresses perceived in Locke's doctrine have arisen from an unnecessarily narrow view of voluntarism. This view has, I believe, helped to obscure the consistency between Locke's early views on natural law and his later work in the Essay Concerning Human Understanding. As we (...)
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