John Locke's Concept of Natural Law from the Essays on the Law of Nature to the Second Treatise of Government


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John Locke's account of natural law, which forms the very basis of his political philosophy, has troubled many critics over time. The two works that shed light on Locke's theory are the early Essays on the Law of Nature and the Second Treatise of Government, published over 20 years later. Many critics have assumed that the early work presents a voluntarist approach to natural law and the second a rationalist approach, but the present analysis in this book shows that Locke's theory is consistent. Both works present a concept of the law of nature that must be placed between voluntarism and rationalism. (Series: Polyptoton. Munster Collection, Academic Writings / Polyptoton. Munsteraner Sammlung Akademischer Schriften - Vol. 3)




Two Treatises of Government


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Launching Liberalism


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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.




Leo Strauss and the Problem of Political Philosophy


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This critical study of the influential political theorist dispels popular myths and reveals the inner logic of his varied and notoriously complex writings. Political theorist Leo Strauss was unexpectedly thrust into the media spotlight for his alleged influence on neoconservative politics. With The Truth about Leo Strauss, Michael and Catherine Zuckert challenged the many claims and speculations about this complex thinker. Now, with Leo Strauss and the Problem of Political Philosophy, they offer a more comprehensive interpretation of Strauss’s thought, using the many manifestations of the “problem of political philosophy” as their touchstone. Strauss, they argue, sought to restore political philosophy to its original Socratic form. This is demonstrated through his critique of positivism and historicism, two intellectual currents that undermined his Socratic project. The authors also explore Strauss’s interpretation of both ancient and modern political philosophers, including Plato, Aristotle, Machiavelli, and Locke. Finally, they examine Strauss’s thought in the context of the twentieth century, when his chief interlocutors were Schmitt, Husserl, Heidegger, and Nietzsche. Leo Strauss and the Problem of Political Philosophy is the most in-depth treatment of this often misunderstood thinker, examining his ideas across his long career. It reveals Strauss’s overall intellectual project: to decode how ancient and modern theory attempted to solve the problem of political philosophy. And it shows why Strauss considered the ancient solution both philosophically and politically superior.




John Locke and the Native Americans


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Since the 1990s, the relation between liberalism and colonialism has been one of the most important issues in Locke studies and also in the field of modern political thought. This present work is a unique contribution to discussion of this issue in that it elucidates Locke’s concept of the law of nature and his view of war. Locke’s law of nature includes, despite its ostensible universal validity, some particular rules which favour the rights of a European form of political society and individualistic land-acquisition at the sacrifice of native traditional land-rights and subsistence. Concerning wars between settlers and the natives, Locke’s concept of “punishment” in state of nature allows the militarily superior side to make a war with the inferior in disregard for the latter’s claim and nevertheless, after winning victory, proclaim its own just cause of war. By putting Locke’s discourse on colonization and war in the context of contemporary relations between English colonists and the natives, this book makes clear that the expansive element of his theory of property actually overbalanced his rule of limitation of property according to equitableness and that it, after all, undermines the general principles of freedom and equality of all in his law of nature.




Natural Law, Laws of Nature, Natural Rights


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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.







Works


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