Download or read book Natural Law Constitutionalism Reason of State and War written by J. A. Fernández-Santamaría and published by Peter Lang. This book was released on 2005 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Natural Law Constitutionalism Reason of State and War written by J. A. Fernández-Santamaría and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Law Constitutionalism Reason of State and War no special title written by J. A. Fernández-Santamaría and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Law Constitutionalism Reason of State War written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Law and the Antislavery Constitutional Tradition written by Justin Buckley Dyer and published by Cambridge University Press. This book was released on 2012-02-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book American Interpretations of Natural Law written by Benjamin Fletcher Wright and published by Routledge. This book was released on 2017-07-05 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Reason of State written by Thomas Poole and published by Cambridge University Press. This book was released on 2015-07-20 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Traditional Natural Law as the Source of Western Constitutional Law Particularly in the United States written by Dante Figueroa and published by Fundacion Editorial Juridica Venezolana. This book was released on 2014-10-04 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his book, "Traditional Natural Law as the Source of Western Constitutional Law, Particularly in the United States," Professor Figueroa seeks to explain to his students the connections between the concept of natural law as understood by Catholic thinkers throughout the ages, and the fundamental notions of constitutional law in the Western world. To this effect, Professor Figueroa identifies the main elements of natural law as originally conceived by its authors, contrasting them with the distortions occurred at the hands of the enlightened philosophes to date. He takes particular aim at the natural rights theories that were popular in the Anglo-American world at the time of the American Revolution, and explains the significant deviations present in their many versions. In Professor Figueroa's view, reason and spirit are two dimensions of the human person that shape all human institutions in a way that is lost when they are artificially separated. In sum, according to Professor Figueroa, debunking erroneous ideologies, in particular errors in natural rights theories, is a necessary first step for the authentic rediscovery and revitalization of the Traditional Natural Law doctrine. In this way, Professor Figueroa concludes, Western constitutional law will re-encounter an appealing, living, and solid intellectual background in its very roots, providing a solid and lasting foundation for Western democracies. This book is a 'tour de force' that should be required reading in every law school and political science department in the country (and beyond): " Robert Barker, Distinguished Professor of Law at the University of Pittsburgh School of Law.
Download or read book To the Uttermost Parts of the Earth written by Martti Koskenniemi and published by Cambridge University Press. This book was released on 2021-08-26 with total page 1127 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Reception of Machiavelli in Early Modern Spain written by Keith David Howard and published by Boydell & Brewer Ltd. This book was released on 2014 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The School of Salamanca in the Affairs of the Indies written by Natsuko Matsumori and published by Routledge. This book was released on 2018-09-28 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Ficino in Spain written by Susan Byrne and published by University of Toronto Press. This book was released on 2015-01-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the first translator of Plato's complete works into Latin, the Florentine writer Marsilio Ficino (1433-99) and his blend of Neoplatonic and Hermetic philosophy were fundamental to the intellectual atmosphere of the Renaissance. In Spain, his works were regularly read, quoted, and referenced, at least until the nineteenth century, when literary critics and philosophers wrote him out of the history of early modern Spain. In Ficino in Spain, Susan Byrne uses textual and bibliographic evidence to show the pervasive impact of Ficino's writings and translations on the Spanish Renaissance. Cataloguing everything from specific mentions of his name in major texts to glossed volumes of his works in Spanish libraries, Byrne shows that Spanish writers such as Miguel de Cervantes, Lope de Vega, Bartolomé de las Casas, and Garcilaso de la Vega all responded to Ficino and adapted his imagery for their own works. An important contribution to the study of Spanish literature and culture from the fifteenth to the seventeenth centuries, Ficino in Spain recovers the role that Hermetic and Neoplatonic thought played in the world of Spanish literature.
Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Download or read book Rubens Vel uez and the King of Spain written by Larry Silver and published by Routledge. This book was released on 2017-07-05 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides a new analysis of the pictorial ensemble of the Torre de la Parada, the hunting lodge of King Philip IV of Spain. Created in the late 1630s by a group of artists led by Peter Paul Rubens, this cycle of mythological imagery and hunting scenes was completed by Diego Vel?uez. Despite the lack of a written program, surviving works provide eloquent testimony of several basic themes that embody Neostoic ideals of self-restraint and prudent governance. While Rubens set the moral tone through his serio-comic Ovidian narratives, Vel?uez added an important grace note with his portraits of ancient philosophers, and royals and fools of the court. This study is the first to consider in depth their joint artistic contributions and shared ambition. Through analysis of individual works, the authors situate these pictorial inventions within broader intellectual currents in both Spanish Flanders and Spain, especially in the advice literature and drama presented to the Spanish king. Moreover, they point to the lasting resonance of Torre de la Parada for Vel?uez, especially within his late masterworks, Las Meninas and Las Hilanderas. Ultimately, this study illuminates the dialogical nature of this ensemble in which Rubens and Vel?uez offer a set of complementary views on subjects ranging from the nature of classical gods to the role of art as a mirror of the prince.
Download or read book States of War written by David William Bates and published by Columbia University Press. This book was released on 2012 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order.
Download or read book Two Treatises of Government written by John Locke and published by . This book was released on 1967 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Decline of Natural Law written by Stuart Banner and published by Oxford University Press. This book was released on 2021 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
