Download or read book Aristotelian Protestantism in Legal Philosophy written by Liesbeth Huppes-Cluysenaer and published by DPSP. This book was released on 2022-01-01 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the first-time English translation of the main work of Paul Scholten, the General Method of Private Law. The introductory article analyzes Scholten’s view in contrast with a particular combination of Comte’s centralizing optimization program and Neo-Kantian Idealism, which is still dominant in political philosophy. Comte’s sociology and Scholten’s Jurisprudentialism are not presented here in the well-known opposition of Sein and Sollen, but by showing how their different views on scientific method are grounded in opposite views on the philosophical, political and ethical meaning of human action. Neo-Kantianism adheres to Comte’s view, while Scholten adheres to the Aristotelian view, as it had developed in Christianity and had provided the protestant foundation of the Dutch Republic in the seventeenth century. Comte attacks Aristotelian Protestantism, which he characterizes as the metaphysical stage of the Western development of state: negative, protestant, constitutional and juridical. Scholten’s views oppose the inherent trend towards centralization in Comte’s program to cover all aspects of optimization for the best of all, ever better. That branch of political philosophy not only has shaky foundations in scientific method but also has reached its boundaries of operational applicability. Scholten’s views oppose the emphasis in Comte’s program on a unified general will and stress the need for accepting the existence of deeply conflicting philosophies of life in society. This has consequences for the organization of democracy regarding independence of specialized agencies, the role of civil society and the voting system. It not just holds for the state level but also for Unions and supranational organizations. The legal system plays a key role in this development. Scholten’s views and activities have had great posthumous impact for the reconstruction of society and politics in the first years after World War II. They contributed to the collaboration between the different denominations in the Protestant church, opened up the social-democratic party to different denominations and helped develop the cooperation of different Christian parties, leaving the cleavages of the pre-war political spectre behind. Authors and open reviewers who have contributed to the DPSP project, have a broad international background, apart from the Netherlands: Finland, Germany, Austria, France, Italy, United Kingdom, Brazil, United States and Indonesia. Indonesia plays a substantial role in the book, as Scholten played a main role in setting up the legal education system in what was then the Netherlands Indies. Chapters 1. Paul Scholten, Aristotelian Protestantism in Dutch Legal Philosophy. Liesbeth Huppes-Cluysenaer (p.1) 2. Paul Scholten’s Life. Rogier Chorus, Liesbeth Huppes-Cluysenaer, Jacqueline Schoonheim (p.28) 3. General Method of Private Law. English translation of the First Chapter of the General Volume of the Asser-serie on Dutch Civil Law, written by Paul Scholten. Liesbeth Huppes-Cluysenaer, Marjanne Termorshuizen-Arts, Cassandra Steer, Paul Scholten (p.37) 4. Jumping Judges, Judicial Discovery of Law. Niels van Manen (p.225) 5. From a Legal Order to a Legal System, Scholten’s Contribution to a Theory of Legal Change. Jean-Louis Halpérin (p.249) 6. Law and Context, Scholten’s Open System of Law and Legal Harmonisation. Jaakko Husa (261) 7. Case-Based Reasoning and Formulary Procedure, A Guard against Individual Emotions. Marco Gardini (p.287) 8. Kelsen and Scholten on Reason and Emotion in Solving Cases. Nuno M.M.S. Coelho (p.315) 9. Trembling Necessity and Analogy, Juridical Reason as Judgment by the Similar. Luciano de Camargo Penteado (p.334) 10. Paul Scholten and the Founding of the Batavia Rechtshogeschool. Upik Djalins (p.354) 11. In Search of Scholten’s Legacy, The Meaning of the Method of Rechtsvinding for the Current Indonesian Legal Discourse. Shidarta (p.396) 12. Scholten’s Reflections on Judge’s Practices, An Apology of the Mystery of the Legal Craft. Robert Knegt (p.443) 13. The Reception of the Work of Paul Scholten in the Netherlands. Marjanne Termorshuizen-Arts (p.465) 14. Re-Appraising Paul Scholten, His Influence on the Development of a National Legal System in Indonesia. Tristam P. Moeliono (p.495)
Download or read book The Aristotelian Tradition in Early Modern Protestantism written by Manfred Svensson and published by Oxford University Press. This book was released on 2024-05-17 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aristotle's moral and political thought formed the backbone of education in practical philosophy for centuries during the classical and medieval periods. It has often been presumed, however, that with the advent of the Protestant Reformation, this tradition was broken. Countering this widespread view, Manfred Svensson discusses dozens of commentaries on Aristotle's Ethics and Politics that emerged from Protestant universities and academies throughout the sixteenth and seventeenth centuries, showing that early modern Protestants never lost their connection to Aristotle. He offers a broad contextualization of these works and in-depth discussion of their key ethical and political concepts.
Download or read book A Humanist in Reformation Politics written by Mads L. Jensen and published by BRILL. This book was released on 2019-11-04 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Humanist in Reformation Politics Mads Langballe Jensen offers the first contextual account of the political philosophy and natural law theory of the German reformer Philipp Melanchthon (1497-1560).
Download or read book Natural Law Today written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 2018-10-15 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book From Positivism to Idealism written by Sean Coyle and published by Routledge. This book was released on 2017-11-28 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illuminating the idea of legality by a consideration of its moral nature, this book explores the emergence and development of two rival traditions of legal thought (those of 'positivism' and 'idealism') which together define the structure of modern juridical thought. In doing so, it consciously departs from many of the tendencies and working assumptions that define modern legal philosophy. The book examines the shifts in thinking about the rule of law and the wider significance of law, brought about by changing conceptions of the nature of law: from an understanding of law in which the primary focus is on rights, to an articulation of the legal order as a body of deliberately posited rules, and finally to the present understanding of law as a systematic body of rules and principles underpinned by an abiding concern with individual rights. By exposing the historical and metaphysical underpinnings of these theoretical traditions, the book imparts an idea of their limitations and moves beyond the understandings offered within them of the nature of legality.
Download or read book The Revival of Natural Law written by Nigel Biggar and published by Routledge. This book was released on 2017-03-02 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural law theory has been enjoying a significant revival in recent times. Led by Germain Grisez in the USA and John Finnis in the UK, one school of thinkers has been articulating a highly developed system of natural law built upon a sophisticated account of practical reasoning and a rich and flexible understanding of the human good. However, long-standing prejudices against old-style natural law among moral philosophers and Protestant ethicists, together with the new theory's appropriation by conservatives in the impassioned debate between the Vatican and dissenting theologians in the United States, have prevented the Finnis-Grisez version from being adequately appreciated. Providing a clear and substantive introduction to the theory for those who are new to it, this book then broadens, assesses, and advances the debate about it, examining crucial philosophical, theological and ethical issues and opening up discussion beyond the confines of the Roman Catholic Church. Part 1, on philosophical issues, starts with two broad chapters that locate the Grisez school in relation to modern moral philosophy and the Roman Catholic philosophical tradition of Thomism, and then follows these with further chapters on two crucial issues: the possibility of consensus on the human good, and the nature of moral absolutes. Part 2, on theological dimensions, begins with a Lutheran critique of Grisez, locates him in relation to the ethics of two very prominent 20th century Protestants, Karl Barth and Stanley Hauerwas, and then explores the major area of theological controversy within the Roman Catholic community - how to conceive of the "Church's" authority with regard to moral matters. Part 3 subjects the school's thought to critical examination in a broad range of ethical fields: bioethics, gender, sex and the environment. A concluding chapter then develops eight topics that recur in the course of the book: the status of ethical realism in the contemporary intellectual climate; whether realism is best conceived in rationalist or naturalist terms; whether marriage should be counted as a basic good; whether physical pleasure should not be counted a basic good; whether it is always wrong to act deliberately against a basic good; the problems of moral certainty and authority; the rapproachement between Protestant and Roman Catholic ethics; and, finally, whether ethical understanding is really independent of one's anthropological point of view. Drawing together North American, European and Australian contributors from across moral philosophy and Protestant ethics as well as from Roman Catholic moral theology, this book opens up the debate about the Finnis-Grisez theory, highlighting its strengths and weaknesses in order to advance current discussion about natural law in moral theology and in moral and legal philosophy.
Download or read book Aquinas Among the Protestants written by Manfred Svensson and published by John Wiley & Sons. This book was released on 2017-09-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: AQUINAS AMONG THE PROTESTANTS This major new book provides an introduction to Thomas Aquinas’s influence on Protestantism. The editors, both noted commentators on Aquinas, bring together a group of influential scholars to demonstrate the ways that Anglican, Lutheran, and Reformed thinkers have analyzed and used Thomas through the centuries. Later chapters also explore how today’s Protestants might appropriate the work of Aquinas to address a number of contemporary theological and philosophical issues. The authors set the record straight and disavow the widespread impression that Aquinas is an irrelevant figure for the history of Protestant thought. This assumption has dominated not only Protestant historiography but also Roman Catholic accounts of the Reformation and Protestant intellectual life. The book opens the possibility for contemporary reception, engagement, and critique and even intra-Protestant relations and includes: Information on the fruitful appropriation of Aquinas in Anglican, Lutheran, and Reformed theologians over the centuries Important essays from leading scholars on the teachings of Aquinas New perspectives on Thomas Aquinas’s position as a towering figure in the history of Christian thought Aquinas Among the Protestants is a ground-breaking and interdenominational work for students and scholars of Thomas Aquinas and theology more generally.
Download or read book Commentary on Aristotle s Nicomachean Ethics written by Saint Thomas (Aquinas) and published by St. Augustine's Press. This book was released on 1993 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fine editions of the Aristotelian Commentary Series make available long out-of-print commentaries of St. Thomas on Aristotle. Each volume has the full text of Aristotle with Bekker numbers, followed by the commentary of St. Thomas, cross-referenced using an easily accessible mode of referring to Aristotle in the Commentary. Each volume is beautifully printed and bound using the finest materials. All copies are printed on acid-free paper and Smyth sewn. They will last.
Download or read book Longing for the Good Life Virtue Ethics after Protestantism written by Pieter Vos and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that Protestant theological ethics not only reveals basic virtue ethical characteristics, but also contributes significantly to a viable contemporary virtue ethics. Pieter Vos demonstrates that post-Reformation theological ethics still understands the good in terms of the good life, takes virtues as necessary for living the good life and considers human nature as a source of moral knowledge. Vos approaches Protestant theology as an important bridge between pre-modern virtue ethics, shaped by Aristotle and transformed by Augustine of Hippo, and late modern understandings of morality. The volume covers a range of topics, going from eudaimonism and Calvinist ethics to Reformed scholastic virtue ethics and character formation in the work of Søren Kierkegaard. The author shows how Protestantism has articulated other-centered virtues from a theology of grace, affirmed ordinary life and emphasized the need of transformation of this life and its orders. Engaging with philosophy of the art of living, Neo-Aristotelianism and exemplarist ethics, he develops constructive contributions to a contemporary virtue ethics.
Download or read book Catholic and Reformed Traditions in International Law written by Paulo Emílio Vauthier Borges de Macedo and published by Springer. This book was released on 2017-08-28 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was often mistaken for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitória and Alberico Gentili. In Suárez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests. This work argues that this resemblance is hardly a coincidence: Grotius has read Suárez, and that influence has modified the foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn’t original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suárez’s oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law.
Download or read book The Cambridge Companion to Natural Law Ethics written by Tom Angier and published by Cambridge University Press. This book was released on 2019-11-07 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.
Download or read book Right Practical Reason written by Daniel Westberg and published by Oxford University Press. This book was released on 1994-09-08 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the role of intellect in human action as described by Thomas Aquinas. One of its primary aims is to compare the interpretation of Aristotle by Aquinas with the lines of interpretation offered in contemporary Aristotelian scholarship. The book seeks to clarify the problems involved in the appropriation of Aristotle's theory by a Christian theologian, including such topics as the practical syllogism and the problems of akrasia. Professor Westberg argues that Aquinas was much closer to Aristotle than is often recognized; and he puts forward important new interpretations of the relation of intellect and will in the stages of intention, deliberation, decision, and execution. In the concluding section of the book, he shows how this new interpretation yields fruitful insights on a range of theological topics, including sin, law, love and the moral virtues.
Download or read book Morals and Law written by Max Hamburger and published by New York : Biblo and Tannen. This book was released on 1951 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Security and Subject Formation written by Anna Yeatman and published by Bloomsbury Publishing USA. This book was released on 2009-11-02 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: State, Security, and Subject Formation addresses the question of how to secure the conditions for a civil and peaceful life together. It brings together leading scholars to examine democracy from two approaches: peaceful coexistence and the secular state as public authority and the necessity of division between communities of faith that allows for a state that defends the values of the community. This book aims to understand the rationality that informs both approaches, interpreting the subjectivities within each. To do so, the interdisciplinary, scholarly essays examine 17th century political thought and how it is caught up in debate about the relationship between faith and the state at a time when religious wars are endemic and profoundly destructive. They also provide an in-depth discussion of contemporary 21st and 20th century approaches to the question of security and the issue of subjective capacity for peaceful co-existence. Civil Order and Politics is the outcome of an intensive cross-disciplinary cooperation and, as such, not only demonstrates the richness of relevant themes and issues, but also brings to the fore challenges and problems associated with civil practice and theorizing of politics. Through its thematic juxtaposition of state, security, and subjectivity within the framework of civil order and politics, the book fills a gap in the contemporary political literature that will be of interest to anyone studying and researching these issues.
Download or read book Tudor Protestant Political Thought 1547 1603 written by Stephen A. Chavura and published by BRILL. This book was released on 2011-05-23 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines themes in the political ideas of Episcopalian, Puritan, and Separatist authors from the reign of Edward VI until the death of Elizabeth I. Cosmic harmony, providentialism, natural law, absolutism, and government by consent are examined in the context of the theological, political, and social upheavals of the Reformation period.
Download or read book Natural Rights and the New Republicanism written by Michael Zuckert and published by Princeton University Press. This book was released on 2011-06-27 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Aquinas and Natural Law written by Daniel John O'Connor and published by London, Macmillan. This book was released on 1968 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
