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Author: Richard Tuck
Publisher: Cambridge University Press
ISBN: 9780521285094
Category : History
Languages : en
Pages : 200
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Book Description
The origins of natural rights theories in medieval Europe and their development in the seventeenth century.
Author: Richard Tuck
Publisher: Cambridge University Press
ISBN: 9780521285094
Category : History
Languages : en
Pages : 200
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Book Description
The origins of natural rights theories in medieval Europe and their development in the seventeenth century.
Author: Hadley Arkes
Publisher: Cambridge University Press
ISBN: 9780521812184
Category : Law
Languages : en
Pages : 326
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Book Description
Publisher Description
Author: Michael Zuckert
Publisher: Princeton University Press
ISBN: 1400821525
Category : Philosophy
Languages : en
Pages : 418
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Book Description
In Natural Rights and the New Republicanism, Michael Zuckert proposes a new view of the political philosophy that lay behind the founding of the United States. In a book that will interest political scientists, historians, and philosophers, Zuckert looks at the Whig or opposition tradition as it developed in England. He argues that there were, in fact, three opposition traditions: Protestant, Grotian, and Lockean. Before the English Civil War the opposition was inspired by the effort to find the "one true Protestant politics--an effort that was seen to be a failure by the end of the Interregnum period. The Restoration saw the emergence of the Whigs, who sought a way to ground politics free from the sectarian theological-scriptural conflicts of the previous period. The Whigs were particularly influenced by the Dutch natural law philosopher Hugo Grotius. However, as Zuckert shows, by the mid-eighteenth century John Locke had replaced Grotius as the philosopher of the Whigs. Zuckert's analysis concludes with a penetrating examination of John Trenchard and Thomas Gordon, the English "Cato," who, he argues, brought together Lockean political philosophy and pre-existing Whig political science into a new and powerful synthesis. Although it has been misleadingly presented as a separate "classical republican" tradition in recent scholarly discussions, it is this "new republicanism" that served as the philosophical point of departure for the founders of the American republic.
Author: Dan Edelstein
Publisher: University of Chicago Press
ISBN: 0226184404
Category : Literary Criticism
Languages : en
Pages : 351
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Book Description
Natural right—the idea that there is a collection of laws and rights based not on custom or belief but that are “natural” in origin—is typically associated with liberal politics and freedom. In The Terror of Natural Right, Dan Edelstein argues that the revolutionaries used the natural right concept of the “enemy of the human race”—an individual who has transgressed the laws of nature and must be executed without judicial formalities—to authorize three-quarters of the deaths during the Terror. Edelstein further contends that the Jacobins shared a political philosophy that he calls “natural republicanism,” which assumed that the natural state of society was a republic and that natural right provided its only acceptable laws. Ultimately, he proves that what we call the Terror was in fact only one facet of the republican theory that prevailed from Louis’s trial until the fall of Robespierre. A highly original work of historical analysis, political theory, literary criticism, and intellectual history, The Terror of Natural Right challenges prevailing assumptions of the Terror to offer a new perspective on the Revolutionary period.
Author: Leo Strauss
Publisher: University of Chicago Press
ISBN: 022622645X
Category : Political Science
Languages : en
Pages : 337
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Book Description
In this classic work, Leo Strauss examines the problem of natural right and argues that there is a firm foundation in reality for the distinction between right and wrong in ethics and politics. On the centenary of Strauss's birth, and the fiftieth anniversary of the Walgreen Lectures which spawned the work, Natural Right and History remains as controversial and essential as ever. "Strauss . . . makes a significant contribution towards an understanding of the intellectual crisis in which we find ourselves . . . [and] brings to his task an admirable scholarship and a brilliant, incisive mind."—John H. Hallowell, American Political Science Review Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus in Political Science at the University of Chicago.
Author: S. Adam Seagrave
Publisher: University of Chicago Press
ISBN: 022612357X
Category : Philosophy
Languages : en
Pages : 185
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Book Description
Recent years have seen a renaissance of interest in the relationship between natural law and natural rights. During this time, the concept of natural rights has served as a conceptual lightning rod, either strengthening or severing the bond between traditional natural law and contemporary human rights. Does the concept of natural rights have the natural law as its foundation or are the two ideas, as Leo Strauss argued, profoundly incompatible? With The Foundations of Natural Morality, S. Adam Seagrave addresses this controversy, offering an entirely new account of natural morality that compellingly unites the concepts of natural law and natural rights. Seagrave agrees with Strauss that the idea of natural rights is distinctly modern and does not derive from traditional natural law. Despite their historical distinctness, however, he argues that the two ideas are profoundly compatible and that the thought of John Locke and Thomas Aquinas provides the key to reconciling the two sides of this long-standing debate. In doing so, he lays out a coherent concept of natural morality that brings together thinkers from Plato and Aristotle to Hobbes and Locke, revealing the insights contained within these disparate accounts as well as their incompleteness when considered in isolation. Finally, he turns to an examination of contemporary issues, including health care, same-sex marriage, and the death penalty, showing how this new account of morality can open up a more fruitful debate.
Author: Francis Oakley
Publisher: A&C Black
ISBN: 0826417655
Category : Philosophy
Languages : en
Pages : 144
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Book Description
Choice Outstanding Academic Title 2006 The existence and grounding of human or natural rights is a heavily contested issue today, not only in the West but in the debates raging between "fundamentalists" and "liberals" or "modernists in the Islamic world. So, too, are the revised versions of natural law espoused by thinkers such as John Finnis and Robert George. This book focuses on three bodies of theory that developed between the thirteenth and seventeenth centuries: (1) the foundational belief in the existence of a moral/juridical natural law, embodying universal norms of right and wrong and accessible to natural human reason; (2) the understanding of (scientific) uniformities of nature as divinely imposed laws, which rose to prominence in the seventeenth century; and (3), finally, the notion that individuals are bearers of inalienable natural or human rights. While seen today as distinct bodies of theory often locked in mutual conflict, they grew up inextricably intertwines. The book argues that they cannot be properly understood if taken each in isolation from the others.
Author: Michael P. Zuckert
Publisher:
ISBN:
Category : Philosophy
Languages : en
Pages : 400
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Book Description
In this volume, prominent political theorist Michael Zuckert presents an important and pathbreaking set of meditations on the thought of John Locke. In more than a dozen provocative essays, many appearing in print for the first time, Zuckert explores the complexity of Locke's engagement with his philosophical and theological predecessors, his profound influence on later liberal thinkers, and his amazing success in transforming the political understanding of the Anglo-American world. At the same time, he also demonstrates Locke's continuing relevance in current debates involving such prominent thinkers as Rawls and MacIntyre. Zuckert's careful reconsideration of Locke's role as "launcher" of liberalism involves a sustained engagement with the hermeneutical issues surrounding Locke, an innovator who faced special rhetorical needs in addressing his contemporaries and the future. It also involves highlighting the novelty of Locke's position by examining his stance toward the philosophical and religious traditions in place when he wrote. Zuckert argues that neither of the dominant ways of understanding Locke's relations to his predecessors and contemporaries is adequate; he is not well seen as a follower of any orthodoxy nor of any anti-orthodoxy of his day, either philosophical or theological. He found a path to innovation that was philosophically radical but which was also able to connect with prevailing and accepted traditions. That allowed him to exercise a practical influence in history rarely, if ever, matched by any other philosopher. Zuckert illustrates that influence by showing how William Blackstone used Lockean philosophy to reshape the common law and how the Americans of the eighteenth century used Lockean philosophy to reshape Whig political thought. Zuckert argues that Locke's philosophy has continuing philosophic and political force, a proposition he demonstrates by arguing that Locke presents a form of political philosophy superior to that of the liberal theorists of our day and that he has solid rejoinders to contemporary critics of liberalism.
Author: Ellen Frankel Paul
Publisher: Cambridge University Press
ISBN: 9780521615143
Category : Law
Languages : en
Pages : 428
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Book Description
"The essays in this book have also been published, without introduction and index, in the semiannual journal Social philosophy & policy, volume 22, number 1"--T.p. verso. Includes bibliographical references and index.
Author: Billy Christmas
Publisher: Routledge
ISBN: 1000370070
Category : Philosophy
Languages : en
Pages : 250
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Book Description
This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
