Georg Wilhelm Friedrich Hegel's 'Philosophy of Nature' has often been accused of promoting a view of nature fundamentally at odds with the modern scientific understanding of nature. I show this accusation to be false by pointing to two aspects of Hegel's treatment of nature: its rejection of the 'a priori/a posteriori' distinction, and its connection to Hegel's conception of autonomy as freedom from givenness. I give a reading of Hegel's treatment of the laws of motion (...) along these lines, and I close with some points connecting this reading of Hegel to contemporary philosophy (specifically John McDowell and Catherine Malabou). (shrink)

In this significant contribution to Hegel scholarship, Robert Williams develops the most comprehensive account to date of Hegel's concept of recognition. Fichte introduced the concept of recognition as a presupposition of both Rousseau's social contract and Kant's ethics. Williams shows that Hegel appropriated the concept of recognition as the general pattern of his concept of ethical life, breaking with natural law theory yet incorporating the Aristotelian view that rights and virtues are possible only within a certain kind of (...) community. He explores Hegel's intersubjective concept of spirit as the product of affirmative mutual recognition and his conception of recognition as the right to have rights. Examining Hegel's Jena manuscripts, his _Philosophy of Right_, the _Phenomenology of Spirit_, and other works, Williams shows how the concept of recognition shapes and illumines Hegel's understandings of crime and punishment, morality, the family, the state, sovereignty, international relations, and war. A concluding chapter on the reception and reworking of the concept of recognition by contemporary thinkers including Derrida, Levinas, and Deleuze demonstrates Hegel's continuing centrality to the philosophical concerns of our age. (shrink)

Hegel's "Elements of the Philosophy of Right" offers an innovative and important account of normativity, yet the theory set forth there rests on philosophical foundations that have remained largely obscure. In "Hegel's Theory of Normativity," Kevin Thompson proposes an interpretation of the foundations that underlie Hegel's theory: its method of justification, its concept of freedom, and its account of right. Thompson shows how the systematic character of Hegel's project together with the metaphysical commitments that follow from (...) its method are essential to secure this theory against the challenges of skepticism and to understand its distinctive contribution to questions regarding normative justification, practical agency, social ontology, and the nature of critique--Provided by publisher. (shrink)

The persisting conception of Hegel's criticism of Newton's physics as an irrational or at least hopelessly exaggerated one partly has its roots mainly in Hegel's terminology and in his style. This does not mean that a mere translation of Hegel's arguments into any contemporary philosophical language be sufficient to immediately convince every Newtonian scientist. However, a non-Hegelian way of rephrasing the core of Hegel's anti-Newtonian philosophy of nature can help to understand to which extent the latter (...) does satisfy any scientist's criteria for a rational and self-consistent theory. To demonstrate this is the central aim of my talk, which is structured as follows: In the first part, I'm trying to highlight basic features of Hegel's criticism of Newton's optics and celestial mechanics, eventually focussing on his concept of a "sense of nature". This part has the character of a review. Second -­ and that is supposed to be the "reconsideration" part of my paper -­ I'll try to highlight the fundamental difference between Newton's and Hegel's ideas of natural laws and of the relation between mathematics and physics. Third, the metaphysical background of this difference will be analyzed. It is by the analysis of this metaphysical background that I hope to render Hegel's criticism of Newton's scientific revolution more understandable. (shrink)

이 글은 헤겔의 자연법 비판과 법철학 개요에서 전개된 철학적 법학 그리고 인륜적 국가의 기초를 살펴본다. 먼저 헤겔은 전통적인 자연법사상에서 자연 개념의 이의성(二義性), 자연 상태의 허구성, 자연법의 무비판적 도구화 가능성, 계약론적 사고의 폐해 등을 비판한다. 그리고 이에 대한 대안으로이성법으로 이해된 자연법 개념, 자유의지의 현존으로서의 법 개념 그리고 이 개념의 현실화를 전개하는 철학적 법학을 제시한다. 이 철학적 법학의 정점은 철학적으로 사유된 인륜적 국가라 할수 있다. 인륜적 국가는 자기의식의 본질로서의 자유의 현실, 더구나 모든 개별자들이 자신의 특수한 이해들을 자유롭게 충족시킬수 있는 구체적 자유의 현실이다. (...) 여기서 개인들은 항상 공동체적보편의 관점에서 저마다의 이익을 추구한다. 이렇게 한편으로는인륜적 성품으로, 다른 한편으로는 인륜적 제도들로 형성되는 헤겔의 인륜적 국가는 고대적 인륜성과 근대적 주체성이 매개된 자유의 실현 장소라 할 수 있다. (shrink)

The freedom of spirit, Hegel claims, consists in “the emancipation of spirit from all those forms of being that do not conform to its concepts.” That is, freedom must be understood as “liberation [Befreiung].” The paper explores this claim by starting with Hegel’s critique of the (Kantian) understanding of freedom as autonomy. In this critique Hegel shows that norms or “laws” have to be thought of as “being”—not as “posited.” This is convincing, but it leaves open the question of (...) the relation between law and freedom (i.e., the very question that the concept of autonomy was meant to solve). In its second part the paper claims that Hegel’s solution to this problem consists in the analysis of freedom as the “historical” process of “social” transformation. While social norms ordinarily or habitually exist in the form of a second nature—according to Hegel, this is the form they necessarily take on in their social reality—, the act of liberation radically changes their mode of being: liberation is the momentary and transitory act of the ontological transformation of social norms from nature into freedom. (shrink)

The freedom of spirit, Hegel claims, consists in “the emancipation of spirit from all those forms of being that do not conform to its concepts.” That is, freedom must be understood as “liberation [Befreiung].” The paper explores this claim by starting with Hegel’s critique of the (Kantian) understanding of freedom as autonomy. In this critique Hegel shows that norms or “laws” have to be thought of as “being”—not as “posited.” This is convincing, but it leaves open the question of (...) the relation between law and freedom (i.e., the very question that the concept of autonomy was meant to solve). In its second part the paper claims that Hegel’s solution to this problem consists in the analysis of freedom as the “historical” process of “social” transformation. While social norms ordinarily or habitually exist in the form of a second nature—according to Hegel, this is the form they necessarily take on in their social reality—, the act of liberation radically changes their mode of being: liberation is the momentary and transitory act of the ontological transformation of social norms from nature into freedom. (shrink)

G. W. F. Hegel developed a new understanding of natural law that departs from both traditional and more contemporary accounts. Natural lawyers defend standards that are external to the law in order to survey the merits of law. Call these accounts theories of natural law externalism. Hegel offers a very different account where we survey the merits of law through a standard that is internal to law. This essay will explain Hegel’s natural law internalism and (...) whether it marks an advance on existing natural law accounts. I will argue that Hegel offers us a novel understanding of natural law that is compelling, but ultimately unstable and problematic. -/- This chapter contains sections titled: Introduction Classical Natural Law Modern Natural Law Hegel's Natural Law Internalism Natural Law Internalism or Externalism? Conclusion Notes References. (shrink)

This article has two purposes. First, it aims to present a detailed analysis of the argument of “recognition” or even of the “fight for recognition”, which Hegel uses in his fragments from Jena treating of the system of philosophy, especially of the philosophy of spirit. It will be necessary to determine precedently by means of an exact interpretation the content of that expressions, in order to criticize and to compare, his original significance in Hegel with the theoretical application made by (...) Honneth. The special aim hereby is to correct and to explain the function of the “fight for recognition”, even in its sharpening significance as a “fight for life and death”, with relation to the genesis of the state of right. Second, the figure of “recognition” is related to Hegel’s Philosophy of right in the version of 1820. In this work, recognition participates in the theory of “institutions” which is analyzed by Honneth as well. Apart from the merits gained through the endeavour to introduce a classic philosophical theory into a conception of justice in society, we feel obliged to state an error in Honneth‘s interpretation in so far as he understands an institution as a simple social community of communication. For that reason, a conclusion based on a critical commentary can only include a negative recommendation, that means, not to follow those traces of interpretation but rather to defend and to consult the texts originally composed by Hegel. (shrink)

Given the history of the twentieth century, it is understandable that many contemporary philosophers—in the wake of Kierkegaard, Marx, and Nietzsche—have turned against Hegel’s seemingly unbridled optimism. As I will argue in this chapter, however, Hegel’s account of modern civilizations is much less optimistic than his account of the past. Hegel’s hesitation as to the capacity of modernity to resolve its immanent conflicts preeminently emerges in his account of the oppositions between poverty and wealth and between the state and its (...) citizens. In this chapter I will focus on passages from the Essay on Natural Law, the Lectures on the Philosophy of History, and the Philosophy of Right that express this hesitation and, hence, complicate the prevailing view of Hegel’s philosophy of world history. (shrink)

G. W. F. Hegel's discussion of the Antigone in the Phenomenology of Spirit has provoked ongoing debate about his views on gender. This essay offers an interpretation of Hegel as condemning social arrangements that take the authoritativeness of identities and obligations to be natural or merely given. Hegel criticizes the ancient Greeks' understanding of both the human law and the divine law; in so doing, he provides resources for a critique of essentialist approaches to sex and gender. (...) On this interpretation, Hegel views the conflict between Antigone and Creon as tragic because the gendered identities and obligations inherent to Greek Sittlichkeit are naturalized and withheld from scrutiny and revision. In the conclusion, I suggest how Hegel's criticisms pose a challenge to certain approaches to religious ethics. (shrink)

Henry Harris noted that ‘the Baconian applied science of this world is the solid foundation upon which Hegel’s ladder of spiritual experience rests’. Understanding the philosophical character of Hegel’s Philosophy of Nature requires recognizing some basic legitimate philosophical issues embedded in the development of physics from Galileo to Newton (§2). These issues illuminate the character of Hegel’s analysis of philosophical issues regarding nature (§3) and the central aims and purposes of Hegel’s philosophy of nature (§4). Hegel recognized some key (...) weaknesses in Newton’s own mathematical treatment of planetary orbits which were only rectified when Johann Bernoulli recast Newtonian gravitational theory on the basis of mathematical analysis (calculus). So reconstructed, Newtonian physics provides sufficient grounds to ascribe gravitational force to matter (Enz. §§262, 269). Hegel incorporated this important point into his illuminating accounts of causal laws of nature and natural-scientific explanation. These points reveal how Hegel’s Science of Logic and Philosophy of Nature are interdependent works, integrated in part by Hegel’s critical, moderately holistic theory of semantic meaning and reference. Highlighting these features of Hegel’s Philosophy of Nature illuminates Hegel’s emergentist account of structural and functional organization of various kinds of natural phenomena. (shrink)

Hegel's Philosophy of Nature constitutes the second part of his mature philosophical system presented in the Encyclopaedia of the Philosophical Sciences, and covers an exceptionally broad spectrum of themes and issues, as Hegel considers the content and structure of how humanity approaches nature and how nature is understood by humanity. The essays in this volume bring together various perspectives on Hegel's Philosophy of Nature, emphasizing its functional role within the Encyclopaedia and its importance for understanding the complexity (...) of Hegel's philosophical project. Together they illuminate the core ideas which form Hegel's philosophical framework in the realm of nature. (shrink)

For over a century, Hegel’s view of war is seen as controversial that results in mutually exclusive interpretations. To reach a proper evaluation of Hegel’s views, it is necessary to consider both Hegel’s initial states of philosophical doctrine about war and peace, and the development of his understanding of war from early works to mature ones. In the first part of the paper, I characterize Kant’s position on war, since it was the starting point for Hegel. Contrary to popular (...) representations about Kant as an exclusive pacifist, the philosopher of Koenigsberg had a philosophical-historical treatment of war, in which the war appeared as something sublime. However, both legal-ethical peace understanding and veto of war from the point of practical reason were not dominant in Kant’s philosophy, subordinating the sublime treatment of war. Kant’s next contemporaries could not already keep this position, emphasizing either one or the other side of war interpretation. Starting from the early writings (the paper “On the Scientific Ways of Treating Natural Law” or manuscripts “System of Ethical Life” and “The German Constitution”), Hegel stresses an ethical aspect of war and its necessity, so that the shield is arranged on the way of systems isolation and individuals atomization, and the unity in its ethical health is saved. Perpetual peace, on the contrary, leads to diseases. The statement about equality of claims and the same truthfulness of warring parties’ rights is the originality of Hegel’s view. It makes absolutely impossible the war evaluation from the point of its justice and injustice. (shrink)

Hegel’s Phenomenology of Spirit (1807) was supposed to be the introduction and first part of the Jena System III, and as such it was to introduce us to the other parts of the project. Most commentators on Hegel’s Phenomenology , however, do not consider how the Phenomenology relates the other parts, and some discount Hegel understanding and commitment to the natural philosophy of his day. This paper attempts to make the connection between the Phenomenology and the Natural (...) Philosophy of 1805-06 explicit; to show where and how the connections are made; to identify how Hegel uses the natural sciences of his day in creating his system. By showing this I hope to prove that his concept of Spirit is born within his natural philosophy. It is part of his cosmology. (shrink)

Around the turn of the twentieth century, Wilhelm Dilthey, in his reflections on the nature of history as a “Geisteswissenschaft”—a science of “spirit” as opposed to “nature”—appealed “to Hegel’s notion of “spirit” (Geist). Attempting to extract Hegel’s concept from what he considered the unsupportable metaphysical system within which it had been developed, Dilthey, a neo-Kantian, gave it a broadly epistemological significance by correlating it with a distinct type of “understanding” (Verstehen) that was foreign to the Naturwissenschaften, concerned as they (...) were with explanation (Erklären) of phenomena in terms of laws of nature. Moreover, the paradigm of such an anti-naturalistic approach to history was not Hegel’s philosophical approach to history, but the strongly empiricist practice of the romantic “historical school”, found paradigmatically in the work of Leopold von Ranke. (shrink)

"Hegel's Philosophy of Nature was for a long time regarded as an outdated historical curiosity. Yet if systematic completeness is given up, the value of Hegelian arguments and of Hegelian logic generally becomes uncertain. In this book, John Burbidge reveals the abiding significance of the Philosophy of Nature as the intermediate movement in Hegel's system." "Burbidge looks at three specific texts in Hegel's work: the two chapters of the Science of Logic that deal with the concept of (...) chemism, and the section on chemical process in the Philosophy of Nature. Through his detailed commentary, he clarifies Hegel's distinction between a strictly theoretical philosophy and one that understands the natural world. He shows that Hegel does not presume to derive natural data a priori, nor is he simply dependent on the explanatory theories arrived at by chemists themselves. Experience provides the data, but thought sets the parameters. Burbidge sets Hegel's thought in context with sketches of what Kant, Fichte, and Schelling had to say about chemistry, and with background outlining the stage chemistry had reached at the time Hegel was writing. He also reveals how Hegel changed his mind as he revised each section for succeeding editions of his work, thus providing a fascinating case study of the development of Hegel's ideas."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Self and Its Body in Hegel’s Phenomenology of Spirit by John RussonRobert BermanJohn Russon. The Self and Its Body in Hegel’s Phenomenology of Spirit. Toronto: University of Toronto Press, 1997. Pp. xv + 199. Cloth, $60.00To intoduce his account of the human body, Russon places two epigraphs at the front of his book, one from Diogenes Laertius, the other from Artaud. The first tells of Zeno, seeking (...) the oracle’s counsel about how best to live and advised to “mix his flesh with corpses.” What sounds like a recommendation to practice necrophilia, Zeno cleverly interprets to mean that he ought to spend his life reading old books. The second likens culture to a new bodily organ, radicalizing Merleau-Ponty’s view that the blind man’s cane is an extension of his body. Diogenes’ anecdote and the surrealist’s aphorism extend the conception of the human body beyond its ordinary boundary. Literally, Artaud’s culture is no bodily organ, nor is Zeno’s hermeneutically active mind a body which, flouting the law, mixes with the corpus of ancient authors, and experiences, at one Phaedrus-like remove, forbidden pleasures of dialectics.If Russon is a Zenonic reader and Hegel an ancient, then his book enacts the oracle’s advice correctly spun. However, it is clear, despite its title, that this is not Russon’s only aim. At the outset Russon distinguishes his project from that of Hegel’s 1807 Phenomenology of Spirit (PS); whereas Hegel presents the experience of consciousness, Russon’s project is to develop a “phenomenology of the body” or “science of the embodiment of consciousness” (3), whose central concepts are the “three logical determinations of … phusis, hexis, and logos” (8). Despite this contrast, Russon claims to follow the method he takes Hegel to have adopted in PS, intending “by rigorous argument to comprehend … the human body” (3), to “display the self-development of the internal dynamism of the concept of the body” (4). Yet, while initially insisting on the difference between his and Hegel’s projects, he actually holds that PS is “implicitly” such a phenomenology of the body; hence, he wants to extract from it “the philosophy of the body that is there implied” (3) and to show how it rationally comprehends human embodiment. If making the implicit explicit describes the work of interpretation, then his book is as much an essay in Hegel interpretation as it is a self-standing phenomenology of the body. Russon mixes his interpretive with his Hegelian systematic aim, but these are distinct, and he grants the latter priority. If one rejects his interpretive claim about Hegel’s project, Russon’s systematic claims about the body should remain unaffected, and assessable in their own right, even if not implicit in PS. What are these claims?Russon’s central gambit is to understand the human body in terms of embodiment, and embodiment in turn via the activities of the self-conscious self. Since he argues that these activities essentially involve recognition, thus are inherently social, the “whole [End Page 636] functioning world of social, cultural life will have to be recognized as the body of the properly human self,” while the natural body “of mere human life” is “not yet the body of the human proper” (9). Accordingly, Russon organizes his systematic claims about the human body into three parts: A. treats propaedeutically the “Hegelian concept of self-conscious selfhood” (8), B. handles the body as social institution; and C. deals with the culminating “absolution of the body” in which the self knows itself in its embodiment as self-conscious self.Russon’s project prompts questions about his Hegel interpretation and his conception of the human body. PS is skeptical, but preparatory: its immanent critique of interrelated knowledge claims serves to expose and undermine the principle of the opposition of consciousness which they assume; acceptance of that principle, Hegel argues, is the chief obstacle blocking the way to systematic philosophical knowledge, precisely because it leaves philosophy defenseless against skeptical challenges to the very possibility of such knowledge. This construal of PS conflicts with Russon’s interpretive claim that it is implicitly a science of the... (shrink)

Two translations into English of Hegel's Philosophy of Nature have appeared in the same year a century after the other parts of the Encyclopaedia—the Logic and the Philosophy of Mind—had been translated. The Victorian translator passed by the Philosophy of Nature, unconscious that to omit the middle part of a systematic work must certainly conceal the sense of the whole. He finds it a sufficient explanation that “for nearly half a century the study of nature has passed almost completely (...) out of the hands of the philosophers into the care of the specialists of science.” Revived for a few years by Schelling and then Hegel, Philosophy of Nature only recalled “a time of hasty enthusiasms and over-grasping ambition of thought which, in its eagerness to understand the mystery of the universe, jumped to conclusions on insufficient grounds, trusted to bold but fantastic analogies, and lavished an unwise contempt on the plodding industry of the mere hodman of facts and experiments.” This modest retreat of philosophy before the specialists is not thought to need explanation, even though it was not only from the seeming extravagance of Schelling and Hegel but from the general preoccupation of philosophers since Bacon and Descartes with natural philosophy. (shrink)

I begin my comment on Westphal’s study by exploring briefly his refutation of “the arbitrariness thesis,” and then focusing on the “conditio humanae,” i.e. the conditions of life as freedom realized in common life. As I understand it, coordination and cooperation among persons are required because employing freedom in the presence of others presupposes an act of recognition that acknowledges a priori the necessity of universal respect. The right to use and possess things within the institution of property is an (...) illustrative example of this necessity. Justice requires possession not in the form of some equal distribution (which is a matter of contingency) but as a normative requirement that “everyone shall have property.” One must have property in order to enter the world of inter-subjectivity and become a person. This has important implications for determining how poverty is related to the validity of laws, which depends on the joint legislative will of all persons. (shrink)

This is the first complete translation of the second part of Hegel's Encyclopaedia. It is based on the recent German text edited by Nicolin and Pöggeler and contains the Zusätze from Michelet's text. Findlay is to be congratulated for encouraging the publication of this book which is part of a project of completing the translation of the three parts of Hegel's Encyclopaedia together with their Zusätze. A. V. Miller who has already provided a new translation of Hegel's (...) Science of Logic has again undertaken the difficult task of translating this work. Among Anglo-Saxon philosophers there has been the grossest ignorance and the wildest prejudices concerning Hegel's views of the natural sciences and the philosophy of nature. For the first time, we now have a helpful text to understand exactly what Hegel did say and why. The most impressive fact about this volume is the seriousness with which Hegel reflected on the current state of the natural sciences of his own time. Indeed it is difficult to grasp many of his points without understand the specific developments that he has in mind. While much of what Hegel says is obscure and outdated, Hegel is not attempting to legislate for natural science, but to provide us with a philosophic understanding of the significance of our understanding of nature. In this respect, the spirit of Hegel's endeavor is not so foreign from that of contemporary philosophy of science. The publication of this part of Hegel's system will enable us to come to a more balanced understanding of Hegel's philosophy. Findlay's forward is helpful both in explaining and justifying the sources for this translation and for singling out the major themes of Hegel's philosophy of nature.--R. J. B. (shrink)

For over a hundred years, there was no English translation of Hegel's Philosophy of Nature. Now we have two! Hegel's philosophy of nature has generally been neglected. On first glance, it seems as if it is a bad mixture of the philosophy of science, some a priori reflections about nature, and even some muddled attempts to deal with problems in the natural sciences. But anyone who takes Hegel seriously must at least make the attempt to appreciate what (...) is distinctive about this second part of Hegel's Encyclopedia. If one reads the philosophy of nature with an eye to appreciating what were Hegel's distinctive insights into the nature of nature, and what light it can shed on other parts of his System, then this book becomes a much more interesting source for correcting the one-sided interpretations of Hegel that focus primarily on the Phenomenology or the Logic. Petry's translation is not as smooth and graceful as Miller's, but his notes--which show a trace of pedantry--are invaluable for tracking down some of the historical references that are the bases and sources for Hegel's discussions. Petry's 177-page Introduction is uneven. It is packed with all kinds of helpful information, but at times the interpretation of Hegel tends to be dogmatic and simplistic. In general this three-volume translation, together with extensive notes, will be a valuable scholarly aid toward understanding Hegel's philosophy of nature, but if one wants to get an initial unencumbered understanding of the philosophy of nature, Miller's edition is much more manageable.--R. J. B. (shrink)

Hegel’s definition of the state as a common public authority in The German Constitution marks his first thorough attempt to understand the authority of the modern state in terms of the rule of law. Such an understanding of the state constitutes an important advance in Hegel’s political philosophy since, in his early political-theological writings, the legal relation was in essence excluded from the political sphere. Positing a fundamental opposition between legality and authentic ethical life, Hegel interpreted societies in which (...) legal forms become particularly pronounced as societies founded on degenerate political institutions and caught up in an inexorable process of decline. Until Hegel grasped the positive ethical significance of legal authority, something accomplished in The German Constitution, his theory of the state remained largely determined by a Greek-inspired, virtue-based paradigm of political life. Only with the overcoming of this paradigm could he move to a comprehensive analysis of both modern institutional structures and the political theories that attempt to understand and justify them. Hegel’s evolving theory of modern legal form thus provides an important index and measure of his complex stance toward modern political society and of his critical assessment of the self-interpretations of modernity offered by the natural right tradition and the Enlightenment. (shrink)

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. (...) The ontological ground is the order of the world, which God established in the process of history. The anthropological ground is the mutuality of human society. The latter two dimensions are related to the epistemological ground, which is based on the hermeneutics of universal history. -/- Pannenberg attempts to combine the law, the gospel, and love in relation to the Kingdom of God. Thus, Pannenberg’s Kingdom ethics is nomological as well as eschatological. (shrink)

The Cartesian concept of nature, which has determined modern thinking until the present time, has become obsolete. It shall be shown that Hegel's objective-idealistic conception of nature discloses, in comparison to that of Descartes, new perspectives for the comprehension of nature and that this, in turn, results in possibilities of actualizing Hegel's philosophy of nature. If the argumentation concerning philosophy of nature is intended to catch up with the concrete Being-of-nature and to meet it in its concretion, then (...) this is impossible for the finite spirit in a strictly a priori sense – this is the thesis supported here which is not at all close to Hegel. As the argumentation rather has to consider the conditions of realization concerning the Being-of-nature, too, it is compelled to take up empirical elements – concerning the organism, for instance, system-theoretical aspects, physical and chemical features of the nervous system, etc. With that, on the one hand, empirical-scientific premises are assumed (e.g. the lawlikeness of nature), which on the other hand become (now close to Hegel) possibly able to be founded in the frame of a Hegelian-idealistic conception. In this sense, a double strategy of empirical-scientific concretization and objective-idealistic foundation is followed up, which represents the methodical basic principle of the developed considerations. In the course of the undertaking, the main aspects of the whole Hegelian design concerning the philosophy of nature are considered – space and time, mass and motion, force and law of nature, the organism, the pro-blem of evolution, psychic being – as well as Hegel's basic thesis concerning the philosophy of nature, that therein a tendency toward coherence and idealization manifests itself in the sense of a (categorically) gradually rising succession of nature: from the separateness of space to the ideality of sensation. In the sense of the double strategy of concretization and foundation it is shown that on the one hand possibilities of philosophical penetration concerning actual empirical-scientific results are opened, and on the other hand – in turn – a re-interpretation of Hegel's theorem on the basis of physical, evolution-theoretical and system-theoretical argumentation also becomes possible. In this mutual crossing-over and elucidation of empirical and Hegelian argumentation not only do perspectives of a new comprehension of nature become visible, but also, at the same time – as an essential consequence of this methodical principle – thoughts on the possibilities of actualizing Hegel's philosophy of nature. (shrink)

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While in neo-Aristotelian conceptions of virtue and Bildung the concept of “second nature” describes the successful completion of human education, Hegel uses this term in order to analyze the irresolvably ambiguous, even conflictive nature of spirit. Spirit can only realize itself, in creating (1) a second nature as an order of freedom, by losing itself, in creating (2) a second nature—an order of externality, ruled by the unconscious automatisms of habit. In the second meaning of the term, “second nature” refers (...) to spirit’s inversion of itself: the free enactment of spirit produces an objective, uncontrollable order; "second nature" is here a critical term. On the other hand, the very same inversion of free positing into objective existence is the moment of the success of ("absolute") spirit. The paper exposes this undecidable ambiguity of second nature and claims that its acceptance and development are the conditions of an adequate understanding of the constitution and forms of second nature. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas’s Theory of Natural Law: An Analytic Reconstruction by Anthony J. LisskaV. Bradley LewisAnthony J. Lisska. Aquinas’s Theory of Natural Law: An Analytic Reconstruction. Oxford: Clarendon Press, 1996. Pp. xv + 320. Paper, $24.95.This volume aims to provide an explication of the natural law theory of St. Thomas Aquinas “consistent with the expectation of philosophers in the analytic tradition” (10–11, 17). Accordingly, the author begins, (...) in the first three chapters, by reviewing the recent history of Anglo-American metaethics, aligning himself broadly with those critics of analytic ethics like G. E. M. Anscombe, Alasdair MacIntyre, John Finnis, Martha Nussbaum, and Henry Veatch, who have argued for a recovery of Aristotelian moral theory, against varieties of intuitionism, non-cognitivism, and neo-Kantianism. Lisska’s principal objective is to present a reconstructed natural law theory based primarily on Aquinas’s discussion in questions 90–97 of the prima secundae of the Summa theologiae (a translation of these questions is appended to the book). This he offers mostly in the fourth, fifth and eighth chapters of the book. The sixth chapter is a critique of John Finnis’s account of natural law and the seventh is an exposition of the views of Henry [End Page 526] Veatch. The ninth chapter presents some suggestions on how the author’s account can illuminate controversies over the grounding of human rights, and the tenth is a brief conclusion.The three introductory chapters consist mainly of a review and endorsement of the critics of academic ethics since Moore’s Prıncipia Ethıca. Having accepted arguments for the inadequacy of modern ethics, Lisska argues for the recovery of Aquinas’s views which he sees as in fundamental continuity with Aristotelian ethics (84, 89, 100, 102–105, 108, 134–36). His central thesis is that natural law is a “second-order inquiry” based on a realist metaphysics of the human person as defined by a set of dispositional properties, the realization of which constitutes Aristotelian eudaimonia and Thomistic beatitudo (17, 104–106, 131–37, 152–55, 186, 195–201). Moreover, Lisska contends that Aristotelian “eudaimonism” constitutes an adequate account of moral obligation: what he calls, after Veatch, “obligatory teleology” (107–109, 121, 202–205, 235).At the core of Lisska’s account, then, is a metaphysical dispute that pits Aristotelian essentialism against modern reductionist ontology. This metaphysical core is separated from any theological implications in the fifth chapter (especially 119–23, 137) and Lisska reinforces his metaphysical thesis by appealing to Saul Kripke’s discussion of natural kinds and the early work of Hilary Putnam (97–99, 125, 206–209). Given the centrality of metaphysical argument, a critique of Finnis’s theory goes without saying, and Lisska devotes a chapter to it, adding another to expound Henry Veatch’s contrary view.While this book undertakes an important effort to recover a workable natural law theory—especially in its commendable stress on metaphysical questions—it is, as a whole, less satisfactory than it might have been. A good part of this owes to the book’s abstraction from historical questions. No sustained attention is devoted to the problems that accompanied the reception of Aristotle by Christian theologians, nor to the place of natural law in Aquinas’s overall understanding of morality. The former point is not so surprising, given the book’s analytic concerns; the latter, however, carries more serious theoretical implications. Why is it, for example, that natural law takes up so little space compared to the questions on happiness, human acts, and the habits and virtues in the prima secundae, not to mention the detailed treatments of the virtues and vices in the secunda secundae? Similarly, where Aquinas stresses that natural law as law is directed to the common good (Iallae 90.2), Lisska treats it mostly as a guide to “self-realization.”This issue suggests the tensions between Aristotle and Aquinas, tensions that seem to show themselves precisely in Aquinas’s discussion of the very notion of natural law, a notion that has no equivalent in Aristotle. This question hangs over Lisska’s brief treatment of obligation, in particular, since that concept is also lacking explicit treatment in... (shrink)

This paper will draw on Hegel’s writings in Jena from 1801 to 1804, especially the fragments for a philosophy of nature from 1803-04, to explore his sustained concern with the proper configuration of a system of nature. Hegel’s earliest treatment of nature sheds light on the role of nature in the system he published over a decade later. Moreover, the earliest system illuminates two problems posed by his later philosophy of nature-the relationship of nature and spirit, and the sequence and (...) organization of his treatment of illness and death. (shrink)

While in neo-Aristotelian conceptions of virtue and Bildung the concept of “second nature” describes the successful completion of human education, Hegel uses this term in order to analyze the irresolvably ambiguous, even conflictive nature of spirit. Spirit can only realize itself, in creating (1) a second nature as an order of freedom, by losing itself, in creating (2) a second nature—an order of externality, ruled by the unconscious automatisms of habit. In the second meaning of the term, “second nature” refers (...) to spirit’s inversion of itself: the free enactment of spirit produces an objective, uncontrollable order; "second nature" is here a critical term. On the other hand, the very same inversion of free positing into objective existence is the moment of the success of ("absolute") spirit. The paper exposes this undecidable ambiguity of second nature and claims that its acceptance and development are the conditions of an adequate understanding of the constitution and forms of second nature. (shrink)

Among the most influential parts of the philosophy of G.W.F. Hegel (1770-1831) were his ethics, his theory of the state, and his philosophy of history. The Philosophy of Right (Grundlinien der Philosophie des Rechts) (1821), the last work published in Hegel's lifetime, is a combined system of moral and political philosophy, or a sociology dominated by the idea of the state. Here Hegel repudiates his earlier assessment of the French Revolution as a "a marvelous sunrise" in the realization of (...) liberty. Rejecting the republican form of government, he espouses an idealized form of a constitutional monarchy, whose ultimate power rests with the sovereign. (shrink)

The article examines H.L.A. Hart's most important texts on classical natural law theory in order to assess his understanding of that theory. The author considers first the way of presenting the two meanings of the theory of natural law (namely, moral objectivity and the union of law and morals). Afterwards, he analyzes Hart's thought on the first thesis, especially on the teleology of human nature; then on the second one, especially on the meaning of the invalidity of (...) unjust laws. In both cases, the author compares Hart's understanding with the self understanding of natural lawyers, referring preferably to Aquinas and Finnis. The conclusion is that Hart misunderstood classical natural law theory in such a way that it warranted the suspicion that he did not have a first hand acquaintance with that theory. (shrink)

Professor Knox’s translation is, as one would expect, excellent. Even so, understanding this text will present difficulties to anyone who is anything less than expert not only in the philosophy of Hegel, but in those of Kant, Fichte and, especially, Schelling, because Hegel’s philosophy in 1802–3 was still by no means fully-fledged. The result is that the usual difficulties of Hegelian terminology are compounded by the infusion of the terminology and philosophical programme of Schelling; one’s tendency to interpret the (...) text in the light of Hegel’s mature philosophy has to be tempered by the realization that what prima facie looks ‘Hegelian’ is not necessarily so. This makes the initial agonies of a Hegel text even more hellish than usual, and no translator’s notes, no Introduction, however good, can spare one these pains when one starts reading. Perhaps the translator might have been a bit more generous with bracketed or footnoted explanations, for example, of words like ‘divine’, ‘difference’, ‘indifference’, and even more usefully of words that do not look odd in the context, like ‘immediately’ or ‘science’. On the other hand, since in reading a Hegel text for the first time it is usually best to push on regardless, it may be a help not to have too much in the way of explanation of technicalities to hold one up. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ON LEO STRAUSS'S UNDERSTANDING OF THE NATURAL LAW THEORY OF THOMAS AQUINAS * DOUGLAS KRIES Gonzaga University Spokane, Washington IN COMPOSING the introduction to Natural Right and History in the early 1950's, Leo Strauss described the situation in American social science as a division between two parties : the modern liberals of one persuasion or another, who had largely abandoned natural right altogether, and the (...) students of Thomas Aquinas.1 Since the fundamental goal of that book was a recovery of the classical or pre-modern theory of natural right, one might have anticipated that Strauss's work would have been received enthusiastically by the latter group. If nothing else, Strauss and the Thomists were natural allies because they shared the same modern enemies: namely, historicism (the view that all human thought is confined to the immediate historical horizon of the thinker) and positivism (the view that human thought cannot make value judgments, but only judgments about observable matters of fact). Beyond that, Strauss explored very seriously the issues of reason and revelation.and of religion and politics-both of which are crucial for Thomistic political thought. Yet, despite such favorable auguries, a congenial affiliation of *The author wishes to acknowledge the helpful criticisms he received in the preparation of this manuscript from David Calhoun of the Philosophy Department at Gonzaga University. 1 Leo Strauss, Natural Right and History (Chicago: University of Chicago Press, 1953), pp. 2, 7. 215 216 DOUGLAS KRIES Straussians and Thomists was never formed.2 Many factors probably contributed to the losing of the opportunity,8 but presumably chief among them was the fact that, even though Strauss's view of Thomas was genuinely respectful, it was not unequivocally sympathetic. Strauss preferred classical natural right theory to modern natural right theory, and he came to the conclusion that Thomas's teaching on natural right-while certainly ' pre-modern ' 4-introduced novelties into the classical position which weakened it rather than improved it. The goal of this essay is to analyze Strauss's reservations about Thomas's statement of the problem of natural right. Such an analysis will, I hope, contribute to a more fruitful exchange between the students of Leo Strauss and those of Thomas Aquinas. I Perhaps the best way to initiate an explanation of Strauss's view of the differences between classical and Thomistic natural right is to contrast the starting points of the two theories. The classical approach begins with what is said about right, with the everyday opinions that are held about what is just. From such an immediate starting point the classical approach ascends toward true knowledge through the process of dialectics. Although all people have views about what is just, in fact such opinions, when examined through friendly disputation with a philosopher, are almost always found to be self-contradictory; however, the 2 This is not to suggest that Strauss was completely ignored and rejected by the Thomists. For an overview of the Thomistic literature which has considered Strauss, see James V. Schall, "Revelation, Reason and Politics: Catholic Reflexions on Strauss," Gregorianum 62 (1981), 349-365, 467-497. s See Ernest L. Fortin, "Rational Theologians and Irrational Philosophers: A Straussian Perspective," Interpretation 12 (1984), 349-350. 4 For Strauss, the fundamental division within the history of political philosophy was between the ancients and the moderns. He understood Thomas to be in the former camp and was critical of contemporary Thomists who, under pressure from the success of modern physics, had attempted to ' modernize ' Thomas by jettisoning his teleological view of nature. See Natural Right and History, pp. 7-8; What is Political Philosophy? (Westport, Connecticut: Greenwood Press, 1959), pp. 285-6. NATURAL LAW THEORY OF THOMAS AQUINAS 217 very fact that one comes to realize that contradiction and seeks to rectify it points to the fact that human beings realize that a more comprehensive, non-contradictory view might be possible. The contradictions thus force one to ascend beyond the opinions that are at best only partially true toward an ever more consistent view, a view based on nature; if such a process could reach culmination, the culmination would constitute a statement of what is right by nature.5 The starting... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Light That Binds: A Study in Thomas Aquinas's Metaphysics of Natural Law by Stephen L. BrockBrian BesongThe Light That Binds: A Study in Thomas Aquinas's Metaphysics of Natural Law by Stephen L. Brock (Eugene, OR: Pickwick, 2020), xv + 277 pp.Fr. Stephen L. Brock is arguably one of the most important contemporary contributors to the Thomistic understanding of natural law. Hence, the publication (...) of his updated and revised doctoral dissertation on the topic [End Page 289] of the metaphysics of natural law in St. Thomas will be gladly received by Thomistic scholars and moral theorists alike. In The Light That Binds, Brock's central task is to explain the metaphysics of the promulgation of natural law in man. Put differently although extant literature on natural law may be useful for action analysis—why lying is always wrong, say—less attention has been paid to the way in which natural law has been promulgated by God and is present in the human intellect. What literature is available, either as an explanation of St. Thomas or as criticism of the same, has failed to do Aquinas justice, so Brock argues.The book comprises seven chapters and an introduction. In the first chapter, Brock's central goal is to survey the ways in which (especially more recent) commentators of Aquinas have distorted the sense in which natural law constitutes genuine law, as well as the relationship between natural law and God. For, there is a line of thought on natural law, particularly prominent in the "new natural law" tradition, according to which the principles at the heart of the theory do not fully satisfy the four criteria of legitimate law given by Aquinas. Rival views have natural law constituting a real law, but in virtue of an epistemically explicit reliance on God as lawgiver, among other distortions. Figureheads surveyed in the chapter include Dom Odon Lottin, Ernest Fortin, and Francisco Suárez, among others.In the second chapter, Brock outlines and defends his positive view regarding the legal status of the natural law by way of continued discussion of Lottin, particularly Lottin's contention that St. Thomas was heavily influenced by a mid-thirteenth-century Franciscan tract, De legibus et praeceptis. Brock argues that St. Thomas conceives of natural law as having an even closer relationship to eternal law than is posited by the earlier Franciscan tract, and the rest of the chapter is largely focused on unpacking this close relationship. In sum, natural law is law because it involves a rational ordering by God of our intellect to the goods of our nature, a human participation in an eternal ordering of all things to their ends (i.e., the eternal law). We need not discover the source of the ordering—namely, God—in grasping the first principles of his ordering, as Brock explains here and elsewhere. But the strictly legal status of the principles requires that natural law comes from a legitimate authority, among other essential elements.Chapters 3 and 4 tackle the more human side of the metaphysics of natural law. More concretely, in these chapters, Brock explains the wheres and the whats of our possession of the natural law. For, not all ordering of objects to ends implies the sort of normativity we see in the natural law. Brute animals, among others, have natural inclinations too, and yet they are not governed through these instinctual drives by a natural law. Natural law [End Page 290] is present preeminently in the human intellect, Brock argues, and is not to be confused with the prerational drives that we share as part of our animal nature. God instills these rational drives—the light, as it were—into reason in such a way that an individual can grasp its force autonomously, as basic conceptional truths about what right and wrong consist in (72). Here it would have been nice for Brock to reflect briefly on how Aquinas's views on moral knowledge fit within his broader epistemological commitments, as the natural (conceptual) knowledge of right and wrong at first glance shares common ground with the Franciscan tradition on divine illumination as found in figures... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ON LEO STRAUSS'S UNDERSTANDING OF THE NATURAL LAW THEORY OF THOMAS AQUINAS * DOUGLAS KRIES Gonzaga University Spokane, Washington IN COMPOSING the introduction to Natural Right and History in the early 1950's, Leo Strauss described the situation in American social science as a division between two parties : the modern liberals of one persuasion or another, who had largely abandoned natural right altogether, and the (...) students of Thomas Aquinas.1 Since the fundamental goal of that book was a recovery of the classical or pre-modern theory of natural right, one might have anticipated that Strauss's work would have been received enthusiastically by the latter group. If nothing else, Strauss and the Thomists were natural allies because they shared the same modern enemies: namely, historicism (the view that all human thought is confined to the immediate historical horizon of the thinker) and positivism (the view that human thought cannot make value judgments, but only judgments about observable matters of fact). Beyond that, Strauss explored very seriously the issues of reason and revelation.and of religion and politics-both of which are crucial for Thomistic political thought. Yet, despite such favorable auguries, a congenial affiliation of *The author wishes to acknowledge the helpful criticisms he received in the preparation of this manuscript from David Calhoun of the Philosophy Department at Gonzaga University. 1 Leo Strauss, Natural Right and History (Chicago: University of Chicago Press, 1953), pp. 2, 7. 215 216 DOUGLAS KRIES Straussians and Thomists was never formed.2 Many factors probably contributed to the losing of the opportunity,8 but presumably chief among them was the fact that, even though Strauss's view of Thomas was genuinely respectful, it was not unequivocally sympathetic. Strauss preferred classical natural right theory to modern natural right theory, and he came to the conclusion that Thomas's teaching on natural right-while certainly ' pre-modern ' 4-introduced novelties into the classical position which weakened it rather than improved it. The goal of this essay is to analyze Strauss's reservations about Thomas's statement of the problem of natural right. Such an analysis will, I hope, contribute to a more fruitful exchange between the students of Leo Strauss and those of Thomas Aquinas. I Perhaps the best way to initiate an explanation of Strauss's view of the differences between classical and Thomistic natural right is to contrast the starting points of the two theories. The classical approach begins with what is said about right, with the everyday opinions that are held about what is just. From such an immediate starting point the classical approach ascends toward true knowledge through the process of dialectics. Although all people have views about what is just, in fact such opinions, when examined through friendly disputation with a philosopher, are almost always found to be self-contradictory; however, the 2 This is not to suggest that Strauss was completely ignored and rejected by the Thomists. For an overview of the Thomistic literature which has considered Strauss, see James V. Schall, "Revelation, Reason and Politics: Catholic Reflexions on Strauss," Gregorianum 62 (1981), 349-365, 467-497. s See Ernest L. Fortin, "Rational Theologians and Irrational Philosophers: A Straussian Perspective," Interpretation 12 (1984), 349-350. 4 For Strauss, the fundamental division within the history of political philosophy was between the ancients and the moderns. He understood Thomas to be in the former camp and was critical of contemporary Thomists who, under pressure from the success of modern physics, had attempted to ' modernize ' Thomas by jettisoning his teleological view of nature. See Natural Right and History, pp. 7-8; What is Political Philosophy? (Westport, Connecticut: Greenwood Press, 1959), pp. 285-6. NATURAL LAW THEORY OF THOMAS AQUINAS 217 very fact that one comes to realize that contradiction and seeks to rectify it points to the fact that human beings realize that a more comprehensive, non-contradictory view might be possible. The contradictions thus force one to ascend beyond the opinions that are at best only partially true toward an ever more consistent view, a view based on nature; if such a process could reach culmination, the culmination would constitute a statement of what is right by nature.5 The starting... (shrink)

It is easy to understand why Hegel's philosophy should be little studied by English-speaking philosophers today. Those who at the beginning of the twentieth century initiated the movement we are now caught up in presented their earliest philosophical arguments as criticisms of the prevailing Anglo-Hegelian views. It may now be thought illiberal to take much interest in this perhaps excusably slaughtered royal family, and positively reactionary to hanker after the foreign dynasty from which it sometimes claimed descent. Hegel was (...) a systematic philosopher with a scope hardly to be found today, and men who, as we say, wish to keep up with their subject may well be daunted at the idea of having to understand a way of looking at philosophy which they suspect would not repay them for their trouble anyway. Furthermore, since Hegel wrote, formal logic has advanced in ways he could not have foreseen, and has, it seems to many, destroyed the whole basis of his dialectical method. At the same time, the creation of a science of sociology, it is supposed, has rendered obsolete the philosophy of history for which Hegel was at one time admired. In countries where there are Marxist intellectuals, Hegel does get discussed as the inadvertent forerunner of historical and dialectical materialism. But in England, where there is no such need or presence, there do not seem to be any very strong ideological reasons for discussing him. In what follows I shall be asking you to direct your thoughts to certain forgotten far-off things which I hope you will find historically interesting even if you do not agree with me that they give important clues for an understanding of human nature and human society. (shrink)

This essay considers the evolution of Hegel's political and legal theory with respect to the emergence of a classical liberal society and modern natural law. I argue that Hegel abandoned his early concerns which focused on a revival of the Greek polis and ethics over legality and refocused his efforts at reaching a modern form of ethical life predicated on the acceptance of classical liberal society and modern natural law. I try to argue that Hegel wanted to (...) achieve a present-day communal ethics without abolishing the modern individual subject endowed with rights. However, I seek to draw attention to Hegel's criticism of empirical individualism and social atomism. (shrink)

Hegel seeks to overturn Kant's conclusion that our knowledge is restricted, or that we cannot have knowledge of things as they are in themselves. Understanding this Hegelian ambition requires distinguishing two Kantian characterizations of our epistemic limits: First, we can have knowledge only within the "bounds of experience". Second, we cannot have knowledge of objects that would be accessible only to a divine intellectual intuition, even though the faculty of reason requires us to conceive of such objects. Hegel aims (...) to drive a wedge between these two characterizations, showing that we can have knowledge beyond Kant's bounds of experience, yet without need of divine intuition. And attention to such knowledge is supposed to show that we have no legitimate need to even conceive of divine intuition and its objects - and no need to conclude that our own knowledge is restricted by comparison, or that we cannot know things as they are in themselves. I focus here on the initial case Hegel uses to introduce this extended argument strategy: we can have more knowledge of natural kinds and laws than would be allowed by Kant's bounds of experience. (shrink)

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 political thought as a whole. It is argued that Aristotle is, therefore, definitely a natural law theorist of some description. However, Aristotle's natural law theory is unconventional in certain respects. In particular, Aristotle does not consider natural law to be a critical standard by means of which positive law might be evaluated. This places Aristotle outside the mainstream of natural law theory as it has been traditionally understood. Aristotle is not, in this sense at least, the forerunner of the Stoic natural law tradition and of the individualistic, liberal natural law theory of the modern era. He is, rather, the founding father of what might best be described as the conservative natural law tradition, the most well known adherents of which in modern times are Montesquieu, Burke and Hegel. (shrink)

This is the only English edition of a set of lectures which constitute an earlier and significantly different version of Hegel's classic Philosophy of Right, one of the most influential works in Western political theory. They are essential for a full understanding of Hegel's key concepts of civil society, objective spirit, and recognition.

In this paper I suggest an alternative reading of the value of Hegel’s systematic approach to nature from the perspective of environmental philosophy. Taking the paradigmatic example of the “new materialist” ontologies, I present the problems with an inflationary justification for the argument for the need of a shift in the “scientific” representation of nature. On the basis of these problems, I suggest that Hegel’s view of nature as axiologically impotent sheds light into why emancipatory environmental theory needs not hinge (...) on a determinate understanding of nature. In my reading, this rejection can be harmonized with the asymmetric nature of our responsibility towards non-human nature. (shrink)

This article argues that James Seth provides illuminating contributions to our understanding of law and, more specifically, the natural law tradition. Seth defends a unique perspective through his emphasis on personalism that helps identify a distinctive and compelling account of natural law and legal moralism. The next section surveys standard positions in the natural law tradition. This is followed with an examination of Seth's approach and the article concludes with analysis of its wider importance for scholars (...) of Seth's work as well as legal philosophers more generally. (shrink)

In this book, Westphal offers an original interpretation of Hegel's moral philosophy. Building on his previous study of the role of natural law in Hume's and Kant's accounts of justice, Westphal argues that Hegel developed and justified a robust form of civic republicanism. Westphal identifies, for the first time, the proper genre to which Hegel's Philosophical Outlines of Justice belongs and to which it so prodigiously contributes, which he calls Natural Law Constructivism, an approach developed by (...) Hume, Rousseau, Kant, and Hegel. He brings to bear Hegel's adoption and augmentation of Kant's Critique of rational judgment and justification in all non-formal domains to his moral philosophy in his Outlines. Westphal argues that Hegel's justification for the standards of political legitimacy successfully integrates Rousseau's Independence Requirement into the role of public reason within a constitutional republic. In these regards, Hegel's moral and political principles are progressive not only in principle, but also in practice. Hegel's Civic Republicanism will be of interest to scholars of moral philosophy, social and political philosophy, philosophy of law, Hegel, eighteenth- and nineteenth-century philosophy. (shrink)

Grotius's notion of natural law is, as he himself makes clear, founded upon two demands of nature, which are to be connected with what is now known as the Stoic doctrine of appropriation. However, Grotius's understanding of the notion of natural law as a set of rules is not Stoic, but rather goes back to an interpretation that can be ascribed to Antiochus of Ascalon. By moving away from the Stoics Grotius could not only easily accommodate the (...) Aristotelian doctrine of equity, otherwise rejected by the Stoics, but he could also formulate a minimalistic interpretation of human dispositions or 'rights', in contrast to the Stoics' maximalistic understanding of these dispositions as virtues. (shrink)