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Author: Fiammetta Palladini Publisher: BRILL ISBN: 9004388613 Category : Law Languages : en Pages : 292
Book Description
Palladini reveals Pufendorf as a formidable and dangerous natural jurist and political theorist who has been obscured by a philosophical history that flies too high to see him, and by a commentary literature that too often dislikes what it sees.
Author: Fiammetta Palladini Publisher: BRILL ISBN: 9004388613 Category : Law Languages : en Pages : 292
Book Description
Palladini reveals Pufendorf as a formidable and dangerous natural jurist and political theorist who has been obscured by a philosophical history that flies too high to see him, and by a commentary literature that too often dislikes what it sees.
Author: Thomas Hobbes Publisher: Broadview Press ISBN: 1554810035 Category : History Languages : en Pages : 697
Book Description
Thomas Hobbes’s Leviathan is the greatest work of political philosophy in English and the first great work of philosophy in English. Beginning with premises that were sometimes controversial, such as that every human action is caused by the agent’s desire for his own good, Hobbes derived shocking conclusions, such as that the civil government enjoys absolute control over its citizens and that the sovereign has the right to determine which religion is to be practiced in a commonwealth. Hobbes’s contemporaries recognized the power of arguments in Leviathan and many of them wrote responses to it; selections by John Bramhall, Robert Filmer, Edward Hyde, George Lawson, William Lucy, Samuel Pufendorf, and Thomas Tenison are included in this edition. Leviathan is divided into four parts: In the first part, Of Man, Hobbes presents a view of human beings and of the natural world in general that is materialistic and mechanistic. In the second part, Of Commonwealth, he defends the theory of absolute sovereignty, the view that the government has all the political power and has the right to control any aspect of life. In the third part, Of a Christian Commonwealth, he critiques concepts like revelation, prophets, and miracles in such a way that it becomes doubtful whether they can be rationally justified. In the fourth part, Of the Kingdom of Darkness, he explains various ways in which priestly religion has corrupted religion and transgressed the rights of the sovereign.
Author: Justin Desautels-Stein Publisher: Oxford University Press ISBN: 0192606794 Category : Law Languages : en Pages : 369
Book Description
In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than limiting them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia", a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos.
Author: Francesca Iurlaro Publisher: Oxford University Press ISBN: 0192652826 Category : Law Languages : en Pages : 486
Book Description
The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.
Author: Heikki Haara Publisher: Springer ISBN: 3319993259 Category : Philosophy Languages : en Pages : 195
Book Description
This book centres on Samuel Pufendorf’s (1632–1694) moral and political philosophy, a subject of recently renewed interest among intellectual historians, philosophers and legal scholars in the English-speaking world. Pufendorf’s significance in conceptualizing sociability in a way that ties moral philosophy, the theory of the state, political economy, and moral psychology together has already been acknowledged, but this book is the first systematic investigation of the moral psychological underpinnings of Pufendorf’s theory of sociability in their own right. Readers will discover how Pufendorf’s psychological and social explanation of sociability plays a crucial role in his natural law theory. By drawing attention to Pufendorf’s scattered remarks and observations on human psychology, a new interpretation of the importance of moral psychology is presented. The author maintains that Pufendorf’s reflection on the psychological and physical capacities of human nature also matters for his description of how people adopt sociability as their moral standard in practice. We see how, since Pufendorf’s interest in human nature is mainly political, moral psychological formulations are important for Pufendorf’s theorizing of social and political order. This work is particularly useful for scholars investigating the multifaceted role of passions and emotions in the history of moral and political philosophy. It also affords a better understanding of what later philosophers, such as Smith, Hume or Rousseau, might have find appealing in Pufendorf’s writings. As such, this book will also interest researchers of the Enlightenment, natural law and early modern philosophy.
Author: Simone Zurbuchen Publisher: BRILL ISBN: 9004384200 Category : Law Languages : en Pages : 347
Book Description
The Law of Nations and Natural Law 1625-1800 offers innovative studies on the development of the law of nations after the Peace of Westphalia. This period was decisive for the origin and constitution of the discipline which eventually emancipated itself from natural law and became modern international law. A specialist on the law of nations in the Swiss context and on its major figure, Emer de Vattel, Simone Zurbuchen prompted scholars to explore the law of nations in various European contexts. The volume studies little known literature related to the law of nations as an academic discipline, offers novel interpretations of classics in the field, and deconstructs ‘myths’ associated with the law of nations in the Enlightenment.
Author: Knud Haakonssen Publisher: Cambridge University Press ISBN: 1108655181 Category : Law Languages : en Pages : 443
Book Description
In the same intellectual league as Grotius, Hobbes and Locke, but today less well known, Samuel Pufendorf was an early modern master of political, juridical, historical and theological thought. Trained in an erudite humanism, he brought his copious command of ancient and modern literature to bear on precisely honed arguments designed to engage directly with contemporary political and religious problems. Through his fundamental reconstruction of the discipline of natural law, Pufendorf offered a new rationale for the sovereign territorial state, providing it with non-religious foundations in order to fit it for governance of multi-religious societies and to protect his own Protestant faith. He also drew on his humanist learning to write important political histories, a significant lay theology, and vivid polemics against his many opponents. This volume makes the full scope of his thought and writing accessible to English readers for the first time.
Author: Richard Devetak Publisher: Oxford University Press ISBN: 0192871641 Category : History Languages : en Pages : 369
Book Description
Rise of the International brings together scholars of International Relations and History to capture the emergence and development of the thought, the relations, and the systems that have come to be called international in western discourse.
Author: Samuel Freiherr von Pufendorf Publisher: Natural Law and Enlightenment ISBN: 9780865974920 Category : Law Languages : en Pages : 0
Book Description
"The Present State of Germany, one of Samuel Pufendorf's earliest and most important works, was first published in 1667 under the pseudonym Severinus de Monzambano. Its blunt, colorful, and unapologetic challenge to mainstream German constitutional law made it enormously controversial as soon as it appeared, and its author was both vilified and exalted in the acrimonious debate that followed. It became one of the most reprinted books of the late seventeenth century.
Author: Ben Holland Publisher: Cambridge University Press ISBN: 1108267971 Category : Political Science Languages : en Pages : 273
Book Description
This is the first detailed study in any language of the single most influential theory of the modern state: Samuel von Pufendorf's account of the state as a 'moral person'. Ben Holland reconstructs the theological and political contexts in and for which Pufendorf conceived of the state as being a person. Pufendorf took up an early Christian conception of personality and a medieval conception of freedom in order to fashion a theory of the state appropriate to continental Europe, and which could head off some of the absolutist implications of a rival theory of state personality, that of Hobbes. The book traces the fate of the concept in the hands of others - international lawyers, moral philosophers and revolutionaries - until the early twentieth century. It will be essential reading for historians of political thought and for those interested in the development of key ideas in theology, international law and international relations.
Author: Fiammetta Palladini
Author: Fiammetta Palladini
Author: Thomas Hobbes
Author: Justin Desautels-Stein
Author: Francesca Iurlaro
Author: Heikki Haara
Author: Simone Zurbuchen
Author: Knud Haakonssen
Author: Richard Devetak
Author: Samuel Freiherr von Pufendorf
Author: Ben Holland