The aim is to contribute to a better understanding of Samuel Pufendorf's road from his early Elementa jurisprudentiae universalis, published in late 1660 to the eight 'books' of De jure naturae et ...gentium from 1672. In the latter, Pufendorf completed a methodical shift from the more geometrico method to a universal jurisprudence based upon a wide range of humanistic arts, including history. In this connection, Pufendorf gave more credit to Hugo Grotius and his De jure belli ac pacis than in the earlier work. The paper redefines the role that Pufendorf's contacts with the Chief Minister from Mainz, Johann Christian von Boineburg and his closest collaborators, Hermann Conring and Johann Heinrich Boecler played in Pufendorf's shift of approach to 'universal jurisprudence'. Hitherto underexplored correspondence of Boineburg with Boecler permits a reconstruction of the polemic that Boineburg incited and fuelled between Pufendorf and Boecler. Pufendorf's reflections of the events in the Preface of the first edition of De jure naturae et gentium and later Christian Thomasius's account in Paulo plenior, historia juris naturalis made the intermezzo into an essential part of the foundation myth of modern natural law.
Connatural Knowledge of the Natural Law Nevitt, Turner C.
European Journal for the Study of Thomas Aquinas,
10/2023, Letnik:
41, Številka:
1
Journal Article
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This paper traces the basic contours of Aquinas’s account of connatural knowledge in order to see what role (if any) connaturality might play in our knowledge of the precepts of the natural law. It ...engages a dispute between Maritain and Doolan on this topic. After considering what Aquinas means by “connaturality” in general the paper examines the main elements of his view of knowledge by connaturality in particular. I argue that the true doctrine of Aquinas probably lies between Maritain and Doolan’s opposed interpretations. Although it is not the only way of doing so, connaturality or inclination would still seem to be one possible way of knowing the natural law, while the use of reason is another.
Since the 1960s a resurgence of interest in the moral foundations
of politics has fueled debates about the appropriate sources of our
political judgments. Ian Shapiro analyzes and advances these
...debates, discussing them in an accessibly style. He defends a view
of politics called critical naturalism as a third way
between the neo-Kantian theory of John Rawl's and the contextual
arguments of Richard Rorty, Michael Walzer, Alasdair MacIntyre and
others. He formulates a new justification for democratic politics
and an innovative account of the nature of political argument.
Despite its significant influence on international law, international relations, natural law and political thought in general, Grotius's Law of War and Peace has been virtually unavailable for many ...decades. Stephen Neff's edited and annotated version of the text rectifies this situation. Containing the substantive portion of the classic text, but shorn of extraneous material, this edited and annotated edition of one of the classic works of Western legal and political thought is intended for students and teachers in four primary areas: history of international law, history of political thought, history of international relations and history of philosophy.
The Jesuit philosopher and theologian, Francisco Suárez (1548–1617), believed the common rational nature of all human beings provides the foundation for both the natural law and international law. He ...also believed that the human race has a certain unity supported by the principles of mutual love and mercy. This article shows how the unity of the human race and the theological virtue of charity provide a basis for Suárez’s notion of international law. The article situates Suárez within the Catholic tradition of Aquinas and Vitoria, and it distinguishes between the natural law and the law of nations. The final part of the article shows how Suárez’s principles of human unity, charity, and fraternity are affirmed by recent popes.
There is a lack of clarity in the literature about what constitutes the natural law approach to ethics and what is incompatible with it. The standard, and largely historical, way of understanding the ...natural law approach risks overlooking theoretical differences of fundamental importance regarding what the natural law approach is usually taken to uphold. Against Craig Paterson, I argue that a necessary condition for an ethical account to uphold fully the natural law approach is that it does not contain any dependence upon the metaethical category of non-naturalism understood in non-supernaturalist (secular) terms. Using the ‘new natural law’ theory of John Finnis to illustrate my case, I also argue that an ethical theory can be largely in keeping with the natural law approach but nonetheless contain elements at odds with it: the issue is more complex than a simple binary. This is an under-explored possibility in natural law ethics.
Hobbes's account of the individual's right to resist sovereign authority is nuanced. His allowance for cases in which a sovereign's command falls outside the terms of the social contract, despite ...recent reappraisals, cannot rescue him from the accusation that his system is contradictory. It has been suggested that some Hobbesian rights can be transferred whilst others are quarantined, or that it is the institution of law, rather than the particular commands of the sovereign, which Hobbes ultimately upholds. By reconsidering Hobbes's concept of sovereignty alongside his theory of natural law, I argue that his system remains in tension with itself. Hobbes's prioritisation of sovereign judgement over that of the individual, when combined with the principles he retains from the natural law tradition, renders his theory of resistance irreconcilable with his position on sovereignty.
Over his long and illustrious career, Knud Haakonssen has explored the role of natural law in formulating doctrines of obligation and rights in accordance with the interests of early modern polities ...and churches. These 13 new essays acknowledge Haakonssen's immense academic achievement and give us new insights in this field.
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