Montesquieu And The Philosophy Of Natural Law
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Montesquieu And The Philosophy Of Natural Law
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Author : Mark H. Waddicor
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Montesquieu And The Philosophy Of Natural Law written by Mark H. Waddicor and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
In the last hundred years, the philosophy of natural law has suffered a fate that could hardly have been envisaged by the seventeenth and eighteenth century exponents of its universality and eternity: it has become old-fashioned. The positivists and the Marxists were happy to throw eternal moral ity out of the window, confident that some magic temporal harmony would eventually follow Progress in by the front door. Their hopes may not have been fully realized, but they did succeed in discrediting natural law. What is often not appreciated is the extent to which we have adopted the tenets of the philosophy they despised, borh in the field of politics, and in the field of personal and social ethics, which Barbeyrac called "la science des mreurs" and which the positivists re christened "social science". Consequently, though we live in a world whose freedom, such as it is, is largely a result of the popularization of the philosophy of natural law, and whose conscious and unconscious standards, such as they are, are a result of that philosophy as it became combined with Christianity, the doctrine of natural law is itself for gotten. In view of the oblivion into which it has fallen, natural law is a concept which means little to the average reader. All too often, Montesquieu scholars have traded on this oblivion in order to give an exaggerated picture of his originality.
Montesquieu S Philosophy Of Liberalism
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Author : Thomas L. Pangle
language : en
Publisher: University of Chicago Press
Release Date : 2020-04-07
Montesquieu S Philosophy Of Liberalism written by Thomas L. Pangle and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-07 with Political Science categories.
This first comprehensive commentary on The Spirit of the Laws uncovers and explicates the plan of Montesquieu's famous but baffling treatise. Pangle brings to light Montesquieu's rethinking of the philosophical groundwork of liberalism, showing how The Spirit of the Laws enlarges and enriches the liberal conception of natural right by means of a new appeal to History as the source of basic norms.
Natural Law And Modern Moral Philosophy Volume 18 Social Philosophy And Policy Part 1
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Author : Ellen Frankel Paul
language : en
Publisher: Cambridge University Press
Release Date : 2001-01-29
Natural Law And Modern Moral Philosophy Volume 18 Social Philosophy And Policy Part 1 written by Ellen Frankel Paul and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-01-29 with Philosophy categories.
The essays in this volume--written by academic lawyers as well as legal and moral philosophers--address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy. Some of the essays explore the implications that natural law theory has for jurisprudence, asking what natural law suggests about the use of legal devices such as constitutions and precedents. Other essays examine the connections between natural law and natural rights.
Natural Law And Laws Of Nature In Early Modern Europe
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Author : Michael Stolleis
language : en
Publisher: Routledge
Release Date : 2016-04-22
Natural Law And Laws Of Nature In Early Modern Europe written by Michael Stolleis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with History categories.
This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.
Montesquieu S Science Of Politics
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Author : Charles de Secondat baron de Montesquieu
language : en
Publisher: Rowman & Littlefield
Release Date : 2001
Montesquieu S Science Of Politics written by Charles de Secondat baron de Montesquieu and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
In what constitutes the only English-language collection of essays ever dedicated to the analysis of Montesquieu's contributions to political science, the contributors review some of the most vexing controversies that have arisen in the interpretation of Montesquieu's thought. By paying careful attention to the historical, political, and philosophical contexts of Montesquieu's ideas, the contributors provide fresh readings of The Spirit of Laws, clarify the goals and ambitions of its author, and point out the pertinence of his thinking to the problems of our world today.
The Recovery Of Historical Law
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Author : Friedrich Julius Stahl
language : en
Publisher: WordBridge Publishing
Release Date : 2021-02-20
The Recovery Of Historical Law written by Friedrich Julius Stahl and has been published by WordBridge Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-20 with Law categories.
As the world reels from crisis to crisis, the most serious one seems to draw the least attention. And that is the crisis of the Western mind. The seeds of radical subjectivism sown at the time of a previous such crisis, chronicled in Paul Hazard’s Crisis of the European Mind, have now borne fruit, fruit of such stupendous magnitude that they threaten to drag us down into the depths of cultural despair. In The Rise and Fall of Natural Law, this descent into the maelstrom was chronicled from its origin to its inevitable conclusion – at least, in the world of intellect. Culture lags intellect, but it is never insulated from it. Ideas do have consequences. The intellectual counterpart to our cultural crisis already played itself out 200 years ago. The crisis of the European mind, by which intellectual culture shifted from Revelation to Reason, found its fitting conclusion in the work of the ultimate solipsist, Johann Gottlieb Fichte. Fichte’s focus on enthusiastic conviction and the primacy of the subjective makes him the prophet of the modern world. Indeed, his orientation has now triumphed for all to see. His story, and the stories of those leading up to him – the leading characters in “the Rise and Fall of Natural Law” – are crucial to understanding the genesis of the modern world. But that is not the end of the story, for history goes on. That spot, precisely where the first half of Stahl’s history of legal philosophy leaves off, is where the second half picks up. The Recovery of Historical Law narrates the attempts to overcome this radical subjectivism and establish a functioning social order in which the ideal matches up with the real, the theory is in harmony with the practice. After discussing the work of Locke, Montesquieu, Constant, and the Doctrinaires, all of whom functioned fully within the framework of autonomous natural law while attempting to mitigate it, Stahl reveals the hero of the story: Friedrich Schelling. It was Schelling who initiated the gargantuan task of reorienting philosophy away from subjectivism and back toward objective reality. Stahl characterizes this as a “Samsonesque act” whereby Schelling “lifted the temple of the previous philosophy off of its pillars and buried the whole army of enemies, himself included, under its ruins.” For one thing, this explains the cover illustration, “Samson Destroying the Philistine Temple.” For another, it intimates how Schelling, like Moses, stood at the entry to the Promised Land without entering in. Schelling’s philosophy is an exercise in pantheism, an orientation from which he struggled to free himself later in life. And in fact, Hegel, his great fellow laborer in so-called “speculative philosophy,” took that pantheism and turned it into a mighty system in its own right. A rabbit trail that carried many into another dead end, one with which we wrestle today: “conscious” or “woke” big government. But that is not the end of the story. Schelling’s first fruits were recovered by the Historical School of Jurisprudence, led by Friedrich Carl von Savigny. Here the work of Counter-Revolutionaries such as Joseph de Maistre and Edmund Burke was carried forward to bear fruit for jurisprudence. And this is the foundation for Stahl’s own system, as contained in Volume II: The Doctrine of Law and State on the Basis of the Christian World-View. It is on this basis that the laborious task to reconstruct Western civilization can begin. And not a moment too soon.
A Commentary And Review Of Montesquieu S Spirit Of Laws
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Author : comte Antoine Louis Claude Destutt de Tracy
language : en
Publisher:
Release Date : 1811
A Commentary And Review Of Montesquieu S Spirit Of Laws written by comte Antoine Louis Claude Destutt de Tracy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1811 with Law categories.
Early Modern Natural Law Theories
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Author : T. Hochstrasser
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-29
Early Modern Natural Law Theories written by T. Hochstrasser and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-29 with History categories.
This collection offers a timely opportunity to re-examine both the coherence of the concept of an ‘early Enlightenment’, and the specific contribution of natural law theories to its formation. It reassesses the work of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius, and evaluates the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside.
The Politcal Theory Of Montesquieu
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Author : Melvyn Richter
language : en
Publisher: Cambridge University Press
Release Date : 1977-04-29
The Politcal Theory Of Montesquieu written by Melvyn Richter and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977-04-29 with Political Science categories.
This volume makes available in an English translation the most significant part of Montesquieu's political, social and legal theory. About two-thirds of the volume has been translated from the Spirit of the Laws, not redone in English since the eighteenth century. That version was notoriously inadequate: Montesquieu's key terms were not rendered consistently; often his meaning was distorted by giving the nearest English eighteenth-century legal or institutional equivalent. Finally, English usage has changed so much that the eighteenth-century translation makes Montesquieu seem both quaint and obscure. This volume also includes substantial selections from the Persian Letters and the Considerations on the Causes of the Romans; Greatness and Decline. Although adequate translations of these works exist, it seemed advisable to maintain intellectual and stylistic consistency by providing English versions on the same principles as the Spirit of the Laws.
Montesquieu S Idea Of Justice
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Author : Sheila Mary Mason
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Montesquieu S Idea Of Justice written by Sheila Mary Mason and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with History categories.
Part One of Montesquieu's Idea of Justice comprises a survey of the currency in philosophical, ethical and aesthetic debate during the second half of the 17th century of the terms rapport and convenance, which are central to the enigmatic definition given to justice by Mon tesquieu in Lettres Persanes LXXXllI. In this survey, attention is concen trated on the way in which the connotations of these terms fluctuate with the divergent development of the methodological and speculative outgrowths of Cartesian ism into two schools of thought, materialist and idealist, often widely at variance in their views of the nature and orga nization of the universe. In Part Two, Montesquieu's definition of justice is set against this background, whose doctrinal conflicts, because of the characteristic as sociations of its key terms, it may be taken to reflect, just as it may be held to epitomize, by virtue of its elaboration in the opening chapter of De l' Esprit des Lois and its close terminological affinities with the defini tion of law there given, an undoubtedly related conflict between the implications of causal determinism and the aspirations of idealist meta physics surviving at the heart of Montesquieu's outlook, and, remaining unresolved, often said to impair the coherence if not the validity of his theory of society.