Author : Daniel Chernilo
Publisher : Cambridge University Press
Page : 257 pages
File Size : 39,6 MB
Release : 2013-01-31
Category : History
ISBN : 1107009804
Daniel Chernilo offers an original reconstruction of the history of universalism in modern social thought from Hobbes to Habermas.
Author : Daniel Chernilo
Publisher : Cambridge University Press
Page : 257 pages
File Size : 47,34 MB
Release : 2013-01-31
Category : Social Science
ISBN : 1139619462
After several decades in which it became a prime target for critique, universalism remains one of the most important issues in social and political thought. Daniel Chernilo reassesses social theory's universalistic orientation and explains its origins in natural law theory, using an impressive array of classical and contemporary sources that include, among others, Habermas, Leo Strauss, Weber, Marx, Hegel, Rousseau and Hobbes. The Natural Law Foundations of Modern Social Theory challenges previous accounts of the rise of social theory, recovers a strong idea of humanity, and revisits conventional arguments on sociology's relationship to modernity, the enlightenment and natural law. It reconnects social theory to its scientific and philosophical roots, its descriptive and normative tasks and its historical and systematic planes. Chernilo's defense of universalism for contemporary social theory will surely engage students of sociology, political theory and moral philosophy alike.
Author : Christopher Wolfe
Publisher : Rowman & Littlefield
Page : 188 pages
File Size : 27,65 MB
Release : 2018-10-15
Category : Philosophy
ISBN : 1498576435
Natural Law Today: The Present State of the Perennial Philosophy explains and defends various aspects of traditional natural law ethical theory, which is rooted in a broad understanding of human nature. Some of the issues touched upon include the relation of natural law to speculative reason and human ends (teleology), the relationship between natural law and natural theology, the so-called naturalistic fallacy (deriving “ought” from “is”), and the scope of natural knowledge of the precepts of the natural law, as well as possible limits on it. It also takes up certain historical and contemporary questions, such as the various stances of Protestant thinkers toward natural law, the place of natural law in contemporary U.S. legal thought, and the relationship between natural law and liberal political thought more generally. It brings together a number of the leading exponents of a more traditional or classical form of natural law thought, who claim to root their arguments within the broader philosophy of Thomas Aquinas more deeply than other major representatives of the natural law tradition today.
Author : Willy Moka-Mubelo
Publisher : Springer
Page : 212 pages
File Size : 37,97 MB
Release : 2016-12-13
Category : Philosophy
ISBN : 3319494961
In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
Author : Kody W. Cooper
Publisher : University of Notre Dame Pess
Page : 413 pages
File Size : 29,11 MB
Release : 2018-03-30
Category : Philosophy
ISBN : 0268103046
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.
Author : Benjamin Straumann
Publisher : Cambridge University Press
Page : 287 pages
File Size : 12,86 MB
Release : 2015-02-12
Category : History
ISBN : 1107092906
This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
Author : George E. McCarthy
Publisher : BRILL
Page : 404 pages
File Size : 25,30 MB
Release : 2017-11-01
Category : Political Science
ISBN : 9004311963
In Marx and Social Justice, George E. McCarthy presents a detailed and comprehensive overview of the ethical, political, and economic foundations of Marx’s theory of social justice in his early and later writings. What is distinctive about Marx's theory is that he rejects the views of justice in liberalism and reform socialism based on legal rights and fair distribution by balancing ancient Greek philosophy with nineteenth-century political economy. Relying on Aristotle’s definition of social justice grounded in ethics and politics, virtue and democracy, Marx applies it to a broader range of issues, including workers’ control and creativity, producer associations, human rights and human needs, fairness and reciprocity in exchange, wealth distribution, political emancipation, economic and ecological crises, and economic democracy. Each chapter in the book represents a different aspect of social justice. Unlike Locke and Hegel, Marx is able to integrate natural law and natural rights, as he constructs a classical vision of self-government ‘of the people, by the people’.
Author : Heikki Haara
Publisher : Springer
Page : 195 pages
File Size : 49,17 MB
Release : 2018-11-08
Category : Philosophy
ISBN : 3319993259
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 : Fábio Portela Lopes de Almeida
Publisher : Nomos Verlag
Page : 490 pages
File Size : 12,38 MB
Release : 2020-09-30
Category : Social Science
ISBN : 3748905548
Der Band diskutiert die Rolle und Wichtigkeit von Verfassungen in modernen Gesellschaften. Aus interdisziplinärer Perspektive wird aufgezeigt, wie sich Verfassungen trotz großer Vielfalt innerhalb der Gesellschaft entwickeln konnten und wie sie dabei helfen, ein gemeinsames Moralsystem zu schaffen. Der Mensch ist die einzige Spezies, die in großen Gemeinschaften leben kann, obwohl ihre Mitglieder genetisch unabhängige Individuen sind. Diese Vielfalt macht die Rolle von Verfassungen besonders komplex. Die Arbeit beleuchtet, wie der Konstitutionalismus zur Etablierung eines einheitlichen Moralsystems beiträgt.
Author : Olufemi Taiwo
Publisher : Cornell University Press
Page : 228 pages
File Size : 39,97 MB
Release : 2015-11-12
Category : Law
ISBN : 1501701746
Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.
