This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation (...) hearings show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entrèves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entrèves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entrèves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."--Mitchell Muncy, The University Bookman. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings (...) show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."¿Mitchell Muncy, The University Bookman. (shrink)

In this paper, the author contends that Leader's attempt to ground the value of toleration on a common understanding of democracy faces a number of fundamental obstacles. Such obstacles could only be overcome if both liberals and their opponents were to reach an agreement on the value of democracy and thereby converge in their support of toleration. The author shows that far from providing a common ground that liberals and their opponents can share, the so‐called “shareable understanding” of democracy appeals (...) primarily to liberals. The author also argues that Garzón Valdés's thesis that democracy is the system best suited to the flourishing of toleration faces the same kind of difficulty, namely, that not every group in a liberal constitutional regime can be convinced of the priority of democratic principles over their other fundamental value‐commitments. (shrink)

In recent years, a number of prominent thinkers have argued that democratic arrangements tend to favour the flourishing of toleration among groups with radically different comprehensive worldviews. This article examines one of the most insightful arguments, advanced by Sheldon Leader, for grounding the practice of toleration on the value of democracy. It shows that Leader's attempt to ground the practice of toleration on a common understanding of democracy faces a number of fundamental obstacles. Such obstacles could only be overcome if (...) both liberals and their opponents were to reach an agreement on the value of democracy and thereby converge in their support for toleration. It argues that, far from providing a common ground that liberals and their opponents can share, the so?called ?shareable understanding? of democracy appeals primarily to liberals. (shrink)

This essay examines Foucault's stance towards the Enlightenment as formulated in three works he published in the last decade of his life. These works represent a partial modification of Foucault's attitude to the Enlightenment, rather than the dramatic shift claimed by some commentators. In order to substantiate this claim, the essay provides a reconstruction and critical assessment of three articles Foucault devoted to Kant and the Enlightenment, namely, ‘Qu'est-ce que la critique?’ , ‘Kant on Enlightenment and Revolution’ , and ‘What (...) is Enlightenment?’ . It argues that Foucault's reformulation of Enlightenment ideals in terms of an ethos of transgression and an aesthetic of self-fashioning is much closer to Nietzsche's vision of a transvaluation of values than to Kant's notion of maturity and responsibility. (shrink)

The public and private distinction is essential to our moral and political vocabularies as it continues to structure our social and legal practices. Public and Private provides a multidisciplinary perspective on this distinction which has been at the centre of controversial debate in recent years. The focus of the debate has been on delineating acceptable boundaries between public and private in economic, social and cultural spheres. What is the nature and scope of citizenship? What are the implications of new reproductive (...) technologies? And what is the fate of state sovereignty in a globalised world economy? At first glance these questions may appear unrelated, yet they all raise underlying and serious concerns regarding the scope and proper boundaries between the public and the private. Public and Private will stimulate the current debate with its original approach and provide a valuable resource for all those interested in the role the public and private play in structuring our societies. (shrink)

The public and private distinction is essential to our moral and political vocabularies as it continues to structure our social and legal practices. _Public and Private_ provides a multidisciplinary perspective on this distinction which has been at the centre of controversial debate in recent years. The focus of the debate has been on delineating acceptable boundaries between public and private in economic, social and cultural spheres. What is the nature and scope of citizenship? What are the implications of new reproductive (...) technologies? And what is the fate of state sovereignty in a globalised world economy? At first glance these questions may appear unrelated, yet they all raise underlying and serious concerns regarding the scope and proper boundaries between the public and the private. _Public and Private_ will stimulate the current debate with its original approach and provide a valuable resource for all those interested in the role the public and private play in structuring our societies. (shrink)

In this article, I reconstruct Hannah Arendt's theory of judgment around a number of key themes. After having distinguished two models of judgment, one based on the standpoint of the actor, the other on the standpoint of the spectator, I go on to examine their most distinctive features, in particular, the link between judgment, the imagination, and the ability to think 'representatively'. I also examine the philosophical sources of Arendt's theory of judgment, namely, Kant's theory of aesthetic judgment and its (...) criteria of validity. (shrink)

RESUMO O artigo examina a função da noção de obrigação política no pensamento do filósofo italiano da política e do direito Alessandro Passerin d’Entrèves (1902-1985), especialmente em sua relação com o regime democrático e as formas de resistência por parte dos cidadãos. Pela análise dos principais argumentos do autor a esse respeito, o artigo procura demonstrar a flexibilidade do conceito de Estado do autor e a importância da filosofia enquanto ponto de intersecção entre a moral e o direito, constituindo-se como (...) instrumento de abordagem fenomenológica das formas de associação humana. (shrink)

Hannah Arendt is recognized as one of the most creative and original thinkers of the twentieth century. This study provides an original reconstruction of Arendt's political philosophy, and is the first to systematically evaluate the four major concepts underlying her work--modernity, action, judgment, and citizenship. Taking each concept in turn, The Political Philosophy of Hannah Arendt examines the integrity of Arendt's argument, providing a philosophical account of her theory of participatory democracy based on freedom, plurality, and solidarity. Beginning from the (...) interpretation of these concepts in her work, d'Entreves assesses Arendt's importance to contemporary debates on the nature and scope of democratic citizenship, and explores the conditions necessary for an active and democratic political culture to flourish. D'Entreves draws out the tensions and ambiguities in Ardendt's work, arguing that Arendt's conception of active citizenship and communication provides the best starting point for the exercise of political agency. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation (...) hearings show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entrèves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entrèves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entrèves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."--Mitchell Muncy, The University Bookman. (shrink)

Classical texts of continental legal theorising in Hungarian translation: RUDOLF VON JHERING: Kampf ums Recht [1872] / EUGEN EHRLICH: Freie Rechtsfindung und freie Rechtswissenschaft [1903] / HERMANN KANTOROWICZ: Der Kampf um die Rechtswissenschaft [1906] / RUDOLF STAMMLER: Richtiges Recht [1908] & excerpts from his Theorie der Rechtswissenschaft [1911/1923] & Richtiges Recht [1921] / FRANÇOIS GÉNY: Science et technique en droit privé positif [1924: excerpts] / GUSTAV RADBRUCH: Rechtsphilosophie [1932: excerpts] / HANS KELSEN ‘The Pure Theory of Law and Analytical Jurisprudence’ (...) [1941] & ‘The Law as a Specific Social Technique’ [1941] & ‘Value Judgments in the Science of Law’ [1942] / GUSTAV RADBRUCH ‘Gesetzliches Unrecht und übergesetzliches Recht’ [1946] / ALEXANDRE PASSERIN D’ENTRÈVES ‘Le droit naturel’ [1959] / HANS KELSEN ‘What is Justice?’ [1960] & ‘Positivisme juridique et doctrine du droit naturel’ [1963]. (shrink)

This collection of ten essays offers the first systematic assessment of The Philosophical Discourse of Modernity, Jurgen Habermas's masterful defense of the rational potential of the modern age. An opening essay by Maurizio Passerin d'Entreves orients the debate between Habermas and the postmodernists by identifying two different senses of responsibility. Habermas's own essay discusses the themes of his book in the context of a critical engagement with neoconservative cultural and political trends. The main body of essays is divided into two (...) sections-Critical Rejoinders and Thematic Reformulations. These essays offer an important set of perspectives on Habermas's position by philosophers, social scientists, intellectual historians, and literary critics.(publisher, edited). (shrink)

But beyond this central theme, the two books are quite disparate. D'Entrèves gives us a classical study of political theory. It is a history of ideas and of classics of political theory. There are neither new ideas, or new authors, or nearly so. It is also a superb literary exercise.

This collection of ten essays “by a team of leading philosophers, social scientists, intellectual historians and literary critics” aims to critically engage Jürgen Habermas’s critique of postmodernism in The Philosophical Discourse of Modernity. Five of the essays have been previously published, and Habermas’s essay, “Modernity: An Unfinished Project,” is also reprinted here. The book also contains a very helpful introduction by Passerin d’Entrèves, and an index.