Natural Law, Constitutionalism, Reason of State, and War


Book Description

Natural Law, Constitutionalism, Reason of State, and War: Counter-Reformation Spanish Political Thought (Volumes I and II) aims at understanding how Spanish thinkers in the sixteenth and early seventeenth centuries approached the emerging institution of the state. Both volumes are divided evenly into four distinct but related parts that cover the Spaniards' central concerns. In the first part, a fundamental question is asked: Is the state a natural institution? In the second, the theme is determining the best form of government. The third part is concerned with the imperative need to define the ethical boundaries beyond which the state must not trespass. Finally, the fourth part examines the question of war as an instrument of policy.










Natural Law and the Antislavery Constitutional Tradition


Book Description

In Natural Law and the Antislavery Constitutional Tradition, Justin Buckley Dyer provides a succinct account of the development of American antislavery constitutionalism in the years preceding the Civil War. Within the context of recent revisionist scholarship, Dyer argues that the theoretical foundations of American constitutionalism - which he identifies with principles of natural law - were antagonistic to slavery. Still, the continued existence of slavery in the nineteenth century created a tension between practice and principle. In a series of case studies, Dyer reconstructs the constitutional arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln and Frederick Douglass, who collectively sought to overcome the legacy of slavery by emphasizing the natural law foundations of American constitutionalism. What emerges is a convoluted understanding of American constitutional development that challenges traditional narratives of linear progress while highlighting the centrality of natural law to America's greatest constitutional crisis.




American Interpretations of Natural Law


Book Description

This book illustrates the deep roots of natural law doctrines in America's political culture. Originally published in 1931, the volume shows that American interpretations of natural law go to the philosophical heart of the American regime. The Declaration of Independence is the preeminent example of natural law in American political thought?it is the self-evident truth of American society.Benjamin Wright proposes that the decline of natural law as a guiding factor in American political behaviour is inevitable as America's democracy matures and broadens. What Wright also chronicled, inadvertently, was how the progressive critique of natural law has opened a rift between and among some of the ruling elites and large numbers of Americans who continue to accept it. Progressive elites who reject natural law do not share the same political culture as many of their fellow citizens.Wright's work is important because, as Leo Strauss and others have observed, the decline of natural law is a development that has not had a happy ending in other societies in the twentieth century. There is no reason to believe it will be different in the United States.




Reason of State


Book Description

This historically embedded treatment of theoretical debates about prerogative and reason of state spans over four centuries of constitutional development. Commencing with the English Civil War and the constitutional theories of Hobbes and the Republicans, it moves through eighteenth-century arguments over jealousy of trade and commercial reason of state to early imperial concerns and the nineteenth-century debate on the legislative empire, to martial law and twentieth-century articulations of the state at the end of empire. It concludes with reflections on the contemporary post-imperial security state. The book synthesises a wealth of theoretical and empirical literature that allows a link to be made between the development of constitutional ideas and global realpolitik. It exposes the relationship between internal and external pressures and designs in the making of the modern constitutional polity and explores the relationship between law, politics and economics in a way that remains rare in constitutional scholarship.




The Decline of Natural Law


Book Description

The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.




To the Uttermost Parts of the Earth


Book Description

To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thought, jurisprudence and legal history.




The Reception of Machiavelli in Early Modern Spain


Book Description

Arguing against historians of Spanish political thought that have neglected recent developments in our understanding of Machiavelli's contribution to the European tradition, the thesis of this book is that Machiavellian discourse had a profound impact on Spanish prose treatises of the sixteenth and seventeenth centuries. After reviewing in chapter 1 Machiavelli's ideological restructuring of the language of European political thought, in chapter 2 Dr. Howard shows how, before his works were prohibited in Spain in 1583, Spaniards such as Fadrique Furi Ceriol and Balthazar Ayala used Machiavelli's new vocabulary and theoretical framework to develop an imperial discourse that would be compatible with a militant understanding of Catholic Christianity. In chapters 3, 4 and 5 he demonstrates in detail how Giovanni Botero, Pedro de Ribadeneyra, and their imitators in the anti-Machiavellian reason-of-state tradition in Spain, attack a straw figure of Machiavelli that they have invented for their own rhetorical and ideological purposes, while they simultaneously incorporate key Machiavellian concepts into their own advice. Keith David Howard is an Assistant Professor of Spanish at Florida State University.




The School of Salamanca in the Affairs of the Indies


Book Description

The School of Salamanca in the Affairs of the Indies explores the significance of Salamancans, such as Vitoria and Soto, and related thinkers, such as Las Casas and Sepúlveda, in the formation of the early modern political order. It also analyses early modern understandings of political order, with a focus both on the decline of the medieval universal world through the independence and secularization of political community and the establishment of continuous and imbalanced relations between various European and non-European political communities. Through its investigation, this book highlights how Salamancans and related thinkers clearly distinguished their understandings of political order from medieval thought, and did so in a different way to contemporary and later thinkers, such as Machiavelli, Luther, Bodin, and Grotius, particularly with regards to the Indies, “barbarian” worlds. It also reveals the strong contribution of the School of Salamanca in early modern political thought, both internally and externally. Salamancans imposed moral restrictions against “interior barbarism,” that is, power beyond law, and included “exterior barbarism,” that is, “barbarian” societies, in the common political order. Situating the School of Salamanca in the mainstream history of European political thought, The School of Salamanca in the Affairs of the Indies is ideal for academics and postgraduate students of intellectual history and of Spanish colonial expansion.