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Natural Law

Natural Law
Author: Georg Wilhelm Friedrich Hegel
Publisher: University of Pennsylvania Press
Total Pages: 146
Release: 1975
Genre: Philosophy
ISBN: 9780812210835

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One of the central problems in the history of moral and political philosophy since antiquity has been to explain how human society and its civil institutions came into being. In attempting to solve this problem philosophers developed the idea of natural law, which for many centuries was used to describe the system of fundamental, rational principles presumed universally to govern human behavior in society. By the eighteenth century the doctrine of natural law had engendered the related doctrine of natural rights, which gained reinforcement most famously in the American and French revolutions. According to this view, human society arose through the association of individuals who might have chosen to live alone in scattered isolation and who, in coming together, were regarded as entering into a social contract. In this important early essay, first published in English in this definitive translation in 1975 and now returned to print, Hegel utterly rejects the notion that society is purposely formed by voluntary association. Indeed, he goes further than this, asserting in effect that the laws brought about in various countries in response to force, accident, and deliberation are far more fundamental than any law of nature supposed to be valid always and everywhere. In expounding his view Hegel not only dispenses with the empiricist explanations of Hobbes, Hume, and others but also, at the heart of this work, offers an extended critique of the so-called formalist positions of Kant and Fichte.


A Treatise of the Laws of Nature

A Treatise of the Laws of Nature
Author: Richard Cumberland
Publisher:
Total Pages: 824
Release: 1727
Genre: Christian ethics
ISBN:

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On the Scientific Treatment of Natural Law

On the Scientific Treatment of Natural Law
Author: Georg Wilhelm Friedrich Hegel
Publisher: Newcomb Livraria Press
Total Pages: 135
Release:
Genre: Fiction
ISBN: 3989888412

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A new translation directly from the original manuscript of Hegel's "On the Scientific Treatment of Natural Law its place in practical philosophy and its relationship to the positive legal sciences". This edition contains an extensive afterword on Hegelian philosophy by the translator and a timeline of his life and works. Hegel discusses how natural law, like other sciences, has often been viewed through a mechanistic lens. Physics, as an example, is seen as a philosophical science, but the philosophical aspects of it were historically separated into metaphysics, while empirical aspects were emphasized. He argues that philosophical sciences should maintain a conscious connection with philosophy and be rooted in it. Each part of philosophy can become an independent science with inner necessity, grounded in the Absolute. However, the idea itself remains free and reflects itself in individual sciences without losing its purity.


Thomas Hobbes and the Natural Law

Thomas Hobbes and the Natural Law
Author: Kody W. Cooper
Publisher: University of Notre Dame Pess
Total Pages: 413
Release: 2018-03-30
Genre: Philosophy
ISBN: 0268103046

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Has Hobbesian moral and political theory been fundamentally misinterpreted by most of his readers? Since the criticism of John Bramhall, Hobbes has generally been regarded as advancing a moral and political theory that is antithetical to classical natural law theory. Kody W. Cooper challenges this traditional interpretation of Hobbes in Thomas Hobbes and the Natural Law. Hobbes affirms two essential theses of classical natural law theory: the capacity of practical reason to grasp intelligible goods or reasons for action and the legally binding character of the practical requirements essential to the pursuit of human flourishing. Hobbes’s novel contribution lies principally in his formulation of a thin theory of the good. This book seeks to prove that Hobbes has more in common with the Aristotelian-Thomistic tradition of natural law philosophy than has been recognized. According to Cooper, Hobbes affirms a realistic philosophy as well as biblical revelation as the ground of his philosophical-theological anthropology and his moral and civil science. In addition, Cooper contends that Hobbes's thought, although transformative in important ways, also has important structural continuities with the Aristotelian-Thomistic tradition of practical reason, theology, social ontology, and law. What emerges from this study is a nuanced assessment of Hobbes’s place in the natural law tradition as a formulator of natural law liberalism. This book will appeal to political theorists and philosophers and be of particular interest to Hobbes scholars and natural law theorists.


The Law of Nations Treated According to the Scientific Method

The Law of Nations Treated According to the Scientific Method
Author: Christian Wolff
Publisher: Natural Law and Enlightenment
Total Pages: 0
Release: 2017
Genre: Law
ISBN: 9780865977655

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Christian Wolff's natural law theory was founded on his rationalist philosophy and metaphysics, which were strongly influenced by the philosophy of Gottfried Wilhelm Leibniz. Like Leibniz, Wolff was convinced that justice and morality were based on universally valid principles of reason and that these principles were accessible to human understanding without the aid of religious revelation. Wolff did not therefore follow the voluntarist tradition of natural law, which was characteristic of Germany's two other famous natural jurists of the early Enlightenment--Samuel Pufendorf and Christian Thomasius. The laws of nature, Wolff argued, were not just because God had willed them; rather, God had willed them because they were just. According to Wolff, this natural law was the foundation of the law of nations. Wolff's work considered central issues such as the duties of nations toward themselves and other nations, the laws of war and peace, and the laws governing the treatment of diplomatic representatives. With the Liberty Fund edition, Wolff's work, heretofore relatively unknown to the English-speaking world, will again become available to scholars and students alike.


Natural Law

Natural Law
Author: Howard P. Kainz
Publisher: Open Court Publishing
Total Pages: 172
Release: 2004
Genre: Law
ISBN: 9780812694543

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Is there such a thing as an objective law of morality? Natural law theorists maintain that there is, and Natural Law probes the history and implications of this powerful concept. Tracing the development of natural law from ancient times to the present, the book also examines the leading figures, transitions, and turning points in the idea's evolution, and brings a natural law approach to contemporary issues such as abortion, homosexuality, and assisted suicide.


The Natural Law

The Natural Law
Author: Heinrich Albert Rommen
Publisher:
Total Pages: 0
Release: 1998
Genre: Law
ISBN: 9780865971615

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Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Beginning with the legacies of Greek and Roman life and thought, Rommen traces the natural law tradition to its displacement by legal positivism and concludes with what the author calls "the reappearance" of natural law thought in more recent times. In seven chapters each Rommen explores "The History of the Idea of Natural Law" and "The Philosophy and Content of the Natural Law." In his introduction, Russell Hittinger places Rommen's work in the context of contemporary debate on the relevance of natural law to philosophical inquiry and constitutional interpretation. Heinrich Rommen (1897–1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa.