Results for 'Natural law History'

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  1.  66
    Natural Law, Laws of Nature, Natural Rights: Continuity and Discontinuity in the History of Ideas.Francis Oakley - 2005 - Continuum.
    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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  2.  81
    Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment.Knud Haakonssen - 1996 - Cambridge University Press.
    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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  3. Obligation in Rousseau: Making Natural Law History?Michaela Rehm - 2012 - Jahrbuch für Recht Und Ethik/Annual Review of Law and Ethics 20:139-154.
    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. Natural Law and the Theory of Property: Grotius to Hume.Stephen Buckle - 1991 - Oxford University Press.
    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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  5.  6
    Natural Law and History. By Radoslav A. Tsanoff.Leo Strauss - 1954 - Ethics 65 (2):139-140.
  6.  73
    Natural Law Theories in the Early Enlightenment.T. J. Hochstrasser - 2000 - Cambridge University Press.
    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.  6
    Natural Law and the Theory of History in Herder.Lewis W. Spitz - 1955 - Journal of the History of Ideas 16 (1/4):453.
  8.  96
    Patriarchal Religion, Sexuality, and Gender: A Critique of New Natural Law.Nicholas Bamforth & David A. J. Richards - 2007 - Cambridge University Press.
    Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new (...)
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  9.  24
    Natural Law as Political Philosophy.Ian Hunter - 2011 - In Desmond M. Clarke & Catherine Wilson (eds.), The Oxford Handbook of Philosophy in Early Modern Europe. Oxford University Press. pp. 475-499.
    Rather than a history of seventeenth-century natural law, then, this chapter offers an outline of several different contextual uses of the language of natural law, as it was used in formulating the intellectual architecture for rival constructions of political and religious authority.
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  10. Natural Law, Conciliarism, and Consent in the Late Middle Ages: Studies in Ecclesiastical and Intellectual History.Francis Oakley - 1984 - Variorum Reprints.
  11.  33
    Natural Law in Judaism.David Novak - 1998 - Cambridge University Press.
    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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  12.  92
    Natural Law and History in Locke's Theory of Distributive Justice.Francesco Fagiani - 1983 - Topoi 2 (2):163-185.
    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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  13.  2
    Natural Law in Political Thought.Paul E. Sigmund - 1971 - University Press of America.
    Originally published in 1971 by Winthrop Publishers, Inc., this volume provides a discussion and analysis of the theory of natural law as it appears in contemporary political and social thought. This theory of natural law was used from the fifth century B.C. until the end of the eighteenth century to provide a universal, rational standard to determine the nature and limits of political obligation, the evaluation of competing forms of government, and the relation of law and politics to (...)
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  14.  6
    Natural Law: Re-Examination.Howard P. Kainz - unknown
    The Nuremberg Trials of leading National Socialists established the principle that individuals may be legally punished, even by death, for obeying the laws of their country. Is there then a higher law by which enacted valid positive laws may be judged, so that persons subject to such laws would be duty-bound to defy them? In recent years the theory of natural law has been revived by a number of philosophers and jurists, who however often disagree sharply among themselves about (...)
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  15.  3
    The Disintegration of Natural Law Theory: Aquinas to Finnis.Pauline C. Westerman - 1998 - Brill.
    This book focusses on conceptual shifts in the successive formulations of natural law theory by Aquinas, Suárez, Grotius, Pufendorf, and Finnis, and reveals the accumulation of problems, inherent in natural law and theory, which ultimately led to its demise.
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  16. Natural Law, Human Nature, and Natural Rights in Edmund Burke: A Study Inthe History of Ideas.Burleigh Taylor Wilkins - 1965 - Dissertation, Princeton University
     
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  17.  5
    Debating Natural Law in the Banda Islands: A Case Study in Anglo–Dutch Imperial Competition in the East Indies, 1609–1621.Martine Julia van Ittersum - 2016 - History of European Ideas 42 (4):459-501.
    SUMMARYThis article examines Anglo–Dutch rivalry in the Banda Islands in the period from 1609 to 1621, with a particular focus on the process of claiming initiated by the Dutch East India Company and English East India Company. Historians have paid little attention to the precise legal justifications employed by these organisations, and how they affected the outcome of events. For both companies, treaties with Asian rulers and peoples were essential in staking out claims to trade and territory. Because so many (...)
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  18.  74
    Natural Law: An Introduction to Legal Philosophy.Alessandro Passerin D'entrèves - 1951 - Transaction Publishers.
    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 (...)
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  19.  55
    Early Modern Natural Law Theories: Contexts and Strategies in Early Enlightenment.T. J. Hochstrasser & Peter Schröder (eds.) - 2003 - Kluwer Academic Publishers.
    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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  20.  12
    From Natural Law to Natural Rights? Protestant Dissent and Toleration in the Late Eighteenth Century.Martin Hugh Fitzpatrick - 2016 - History of European Ideas 42 (2).
    SummaryThe toleration gained by Protestant Dissenters, the Toleration Act of 1689, was far from comprehensive. It insisted that Dissenting authorities should subscribe to the doctrinal articles of the Church of England. It suspended anti-Dissent legislation rather than repealing it and the sacramental requirement for civil officials remained in place. The situation of Dissent under the law was ambiguous and, at least in theory, the freedom of worship gained under the act was incomplete. This article examines Dissenter attempts to clarify their (...)
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  21.  50
    Permissive Natural Law and Property: Gratian to Kant.Brian Tierney - 2001 - Journal of the History of Ideas 62 (3):381-399.
  22.  10
    Narrative, Nature, and the Natural Law: From Aquinas to International Human Rights.C. Fred Alford - 2010 - Palgrave-Macmillan.
    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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  23.  10
    Grotius on Natural Law and Supererogation.Johan Olsthoorn - 2019 - Journal of the History of Philosophy 57 (3):443-469.
    hugo grotius was lavishly praised by his successors in the protestant natural law tradition for having been the first to make “any great Progress in the Knowledge of the true fundamental Principles of the Law of Nature, and the right Method of explaining that Science.”1 Wildly influential in his own time, historians of philosophy have found it difficult to determine what, if anything, is innovative in Grotius’s moral theory.2 Scholarly assessments of Grotius’s place in the history of ethics (...)
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  24.  27
    Natural Law, Skepticism, and Methods of Ethics.J. B. Schneewind - 1991 - Journal of the History of Ideas 52 (2):289-308.
    In the Foundations of the Metaphysics of Morals Kant presented a method for discovering what morality requires us to do in any situation and claimed that it is a method everyone can use. The method consists in testing one's maxim against the requirement stated in the formulations of the categorical imperative. There has been endless discussion of the adequacy of Kant's method in giving moral guidance, but there has been little effort to situate Kant's view of ethical method in its (...)
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  25.  55
    Hedonism and Natural Law in Locke's Moral Philosophy.Elliot Rossiter - 2016 - Journal of the History of Philosophy 54 (2):203-225.
    according to some interpreters of John Locke’s moral philosophy, there is an inconsistency between Locke’s adoption of hedonism and his commitment to a natural law view of ethics. Indeed, Locke is not fully explicit about the relationship between pleasure and pain and the natural law in the Essay concerning Human Understanding. But the thesis I defend in this paper is that the idea of convenientia, according to which God harmonizes the natural law with human nature, can be (...)
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  26.  59
    Rational Natural Law and German Sociology: Hobbes, Locke and Tönnies.Niall Bond - 2011 - British Journal for the History of Philosophy 19 (6):1175 - 1200.
    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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  27.  13
    Nature, Law, and Natural Law.T. H. Irwin - 2013 - In Roger Crisp (ed.), The Oxford Handbook of the History of Ethics. Oxford University Press. pp. 206.
    This chapter analyses various theories of natural law. The discussions cover meta-ethical objections to natural law theory; the views of Mills and Hobbes; a holistic and teleological conception of nature; nature and the precepts of natural law; nature and human good; natural sociality and morality; a defence of naturalism; a voluntarist conception of natural law; an objection to and defence of voluntarism; and natural morality without natural law.
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  28. Natural Law: Historical, Systematic and Juridical Approaches.José María Torralba, Mario Šilar, García Martínez & Alejandro Néstor (eds.) - 2008 - Cambridge Scholars Press.
    Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to a (...)
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  29.  51
    The Natural Law Doctrine of Francis Suarez.William E. May - 1984 - New Scholasticism 58 (4):409-423.
  30. Locke, Natural Law and God -- Again.Francis Oakley - 1997 - History of Political Thought 18 (4):624-651.
  31.  64
    On the Problem of Laws in Nature and History: A Comparison.Stephan Berry - 1999 - History and Theory 38 (4):122–137.
    In the philosophy of science there has traditionally been a tendency to regard physics as the incarnation of science per se. Accordingly, the status of other disciplines is evaluated then with respect to their ability to produce laws resembling those of physics. This view has yielded a considerable bias in the discussion of historical laws. Philosophers as well as historians have tended to discuss such laws mostly with reference to the situation in physics; this often led to either one of (...)
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  32.  28
    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.Henrik Syse - 2007 - St. Augustine's Press.
    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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  33.  16
    Natural Law and Natural Inclinations.Douglas Flippen - 1986 - New Scholasticism 60 (3):284-316.
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  34.  19
    Natural Law: A Translation of the Textbook for Kant's Lectures on Legal and Political Philosophy.Gottfried Achenwall & Pauline Kleingeld (eds.) - 2020 - London: Bloomsbury.
    Correct bibliographical information is as follows: Gottfried Achenwall, _Natural Law: A Translation of the Textbook for Kant's Lectures on Legal and Political Philosophy_, edited by Pauline Kleingeld, translated by Corinna Vermeulen, with an Introduction by Paul Guyer. London: Bloomsbury, 2020. As the first translation into any modern language of Achenwall’s Ius naturae, from the 1763 edition used by Immanuel Kant, this is an essential work for anyone interested in Kant, the natural law tradition or the history of legal (...)
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  35.  27
    John Locke, Natural Law and Colonialism.Barbara Arneil - 1992 - History of Political Thought 13 (4):587-603.
    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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  36. Natural Law Theory.Tom Angier - 2021 - Cambridge University Press.
    In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of (...)
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  37.  7
    Book Review: The Natural Law Foundations of Modern Social Theory: A Quest for Universalism. [REVIEW]Jordi Mundó - 2016 - History of the Human Sciences 29 (1):117-122.
  38. The Changing Profile of the Natural Law.Michael Bertram Crowe - 1977 - M. Nijhoff.
    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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  39.  46
    Aristotle and Natural Law.Tony Burns - 1998 - History of Political Thought 19 (2):142-166.
    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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  40.  35
    Medieval Natural Law and the Reformation: A Comparison of Aquinas and Calvin.David VanDrunen - 2006 - American Catholic Philosophical Quarterly 80 (1):77-98.
    An important aspect of the contemporary controversies over John Calvin’s natural law doctrine has been his relation to the medieval natural law inheritance. This paper attempts to put Calvin in better context through a detailed examination of his ideas on natural law, in comparison with those of Thomas Aquinas. I argue that significant points of both similarity and difference between them must berecognized. Among important similarities, I highlight their grounding of natural law in the divine nature (...)
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  41.  5
    Erich Przywara and Postmodern Natural Law: A History of the Metaphysics of Morals. By Graham James McAleer.Joseph W. Koterski - 2020 - International Philosophical Quarterly 60 (2):243-245.
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  42.  28
    Natural Law and Moral Philosophy: From Grotius to The Scottish Enlightenment. [REVIEW]Mark C. Murphy - 1997 - American Catholic Philosophical Quarterly 71 (4):635-638.
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  43.  20
    Book Review:Natural Law and History. Leo Strauss. [REVIEW]Radoslav A. Tsanoff - 1955 - Ethics 65 (2):139-.
  44. RW Dyson, Natural Law and Political Realism in the History of Political Thought. Volume I: From the Sophists to Machiavelli.A. D. Barder - 2007 - Philosophy in Review 27 (2):108.
     
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  45.  25
    The Natural Law Philosophy of Mencius.Paul K. T. Sih - 1957 - New Scholasticism 31 (3):317-337.
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  46. Law of Nature and History.Jean-Francois Kervegan - forthcoming - Hegel-Studien.
     
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  47.  33
    Ernst Troeltsch and the Philosophical History of Natural Law.Christopher Adair-Toteff - 2005 - British Journal for the History of Philosophy 13 (4):733 – 744.
  48.  8
    Contests About Natural Law in Early Enlightenment Copenhagen.Mads Langballe Jensen - 2016 - History of European Ideas 42 (8):1027-1041.
    SUMMARYThis article discusses the works of the first two lecturers on natural law in Copenhagen, Henrik Weghorst and Christian Reitzer. Contrary to the existing scholarship which characterises their works as derivative of either Grotius or Pufendorf, the article argues that the character and significance of these works can only be grasped when understood in light of the local intellectual traditions which they built upon. Seen against this background, it becomes clear that Weghorst and Reitzer developed significantly different theories of (...)
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  49.  31
    The Question of Natural Law in Aristotle.Ross Corbett - 2009 - History of Political Thought 30 (2):229-250.
    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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  50.  68
    Perfect Solidity: Natural Laws and the Problem of Matter in Descartes' Universe.Edward Slowik - 1996 - History of Philosophy Quarterly 13 (2):187 - 204.
    In the Principles of Philosophy, Descartes attempts to explicate the well-known phenomena of varying bodily size through an appeal to the concept of "solidity," a notion that roughly corresponds to our present-day concept of density. Descartes' interest in these issues can be partially traced to the need to define clearly the role of matter in his natural laws, a problem particularly acute for the application of his conservation principle. Specifically, since Descartes insists that a body's "quantity of motion," defined (...)
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