Self-Defence in Statutory and Natural Law: The Reception of German Political Thought in Britain

2002 ◽  
pp. 170-186
Author(s):  
Robert von Friedeburg
Keyword(s):  
Natural Law ◽  
Political Thought ◽  
Self Defence

Reformation, Resistance, and Reason of State (1517-1625)

2021 ◽  
Author(s):  
Sarah Mortimer
Keyword(s):  
Intellectual History ◽  
Natural Law ◽  
Political Thought ◽  
Political Power ◽  
Wide Range ◽  
Political Theories ◽  
The Reformation ◽  
Reason Of State ◽  
History Of ◽  
New Ideas

The period 1517–1625 was crucial for the development of political thought. During this time of expanding empires, religious upheaval, and social change, new ideas about the organization and purpose of human communities began to be debated. In particular, there was a concern to understand the political or civil community as bounded, limited in geographical terms and with its own particular structures, characteristics, and history. There was also a growing focus, in the wake of the Reformation, on civil or political authority as distinct from the church or religious authority. To explain these new ideas about political power, the concept of sovereignty began to be used, alongside a new language of reason of state. Yet political theories based upon religion still maintained significant traction, particularly claims for the divine right of kings. In the midst of these developments, the language of natural law became increasingly important as a means of legitimizing political power; natural law provided a rationale for earthly authority that was separate from Christianity and its use enabled new arguments for religious toleration. This book offers a new reading of early modern political thought, drawing on a wide range of sources from Europe and beyond. It makes connections between Christian Europe and the Muslim societies that lay to its south and east, showing the extent to which concerns about the legitimacy of political power were shared. It demonstrates that the history of political thought can both benefit from, and remain distinctive within, the wider field of intellectual history.

Epilogue and Conclusion

2021 ◽  
pp. 268-272
Author(s):  
Sarah Mortimer
Keyword(s):  
Seventeenth Century ◽  
Human Nature ◽  
Religious Belief ◽  
Natural Law ◽  
Political Thought ◽  
Political Authority ◽  
Historical Change ◽  
Human Beings ◽  
Hugo Grotius ◽  
The Church

This chapter draws together the themes of the book and looks forward to the later-seventeenth century. It argues that for much of the sixteenth century politics was subordinate to religion; temporal authorities needed the additional sanctions provided by religious belief if they were to exert any power over the consciences of individuals. The effect was to entangle temporal power in the deepening conflicts over religious truth, and thus to reveal the brittleness of any conception of political authority which relied on the support of the Church. At the same time, older traditions of political thought did not go away and often became stronger. The circulation of classical ideas, the discovery of new peoples, the growing interest in historical change and development all suggested alternative ways of legitimizing political power, often using natural law and avoiding any reliance on specifically Christian commitments. What happened in the early-seventeenth century, and most obviously in the writing of Hugo Grotius, was a move not only to ground political society in a particular conception of human nature (conceived of juridically, as a source of rights and obligations) but also to detach Christianity from that view of human nature. It was this understanding of human beings which enabled the development of a social contract tradition through the seventeenth century and beyond, and became an important source for modern liberalism. The questions it raised would help to shape the thought of the next century.

Ciceronian international society

2019 ◽  
pp. 175508821989578
Author(s):  
Stephen Patrick Sims
Keyword(s):  
International Relations ◽  
International Law ◽  
International Society ◽  
Natural Law ◽  
Political Thought ◽  
Valuable Resource ◽  
Future Thinking ◽  
International Theory ◽  
Political Thinker

This article explores what Cicero as a political thinker can offer to the study of international relations. Although previous readings of Cicero have emphasized his Stoic influences and his natural law teaching as the basis of a cosmopolitan world society, I emphasize the way in which Cicero can deepen the concept of international society. International society relies on certain norms and institutions to function properly, such as international law, sovereignty, and the use of war to restrain violence and redress injustice. We find all these concepts articulated clearly in Cicero’s moral and political thought. Cicero also shows the limits of these institutions and norms, explaining why none of them is absolute. Finally, Cicero adds to our theorizing about international society by drawing attention to the role of honor, ruling, and inequality in international society. As such, classical political thought, and Cicero’s in particular, provide a valuable resource for future thinking about international theory.

The Status of Classical Natural Law: Plato and the Parochialism of Modern Theory

2007 ◽  
Vol 20 (2) ◽  
pp. 323-350 ◽  
Author(s):  
Eric Heinze
Keyword(s):  
Middle Ages ◽  
Natural Law ◽  
Political Thought ◽  
Legal Theory ◽  
Modern Theory ◽  
Critical Theories ◽  
Modern Thought ◽  
The Status ◽  
The One ◽  
Justice Theories

The concept of modernity has long been central to legal theory. It is an intrinsically temporal concept, expressly or implicitly defined in contrast to pre-modernity. Legal theorists sometimes draw comparisons between, on the one hand, various post-Renaissance positivist, liberal, realist or critical theories, and, on the other hand, the classical natural law or justice theories of antiquity or the middle ages, including such figures as Aristotle, Cicero, Augustine or Aquinas. Many theorists, however, while acknowledging superficial differences among the various classical theories, fail to appreciate the variety and complexity of pre-modern thought. Unduly simplifying pre-modern understandings of law, they end up drawing false distinctions between modern and pre-modern legal theory. The pre-modern example considered in this article is Plato. Unlike scholars within the Humanities, who have continued to revise their approaches to pre-modern thought (often reflecting changes in ethical or political thought today), legal theorists, including many who claim to challenge much of traditional positivism, have scarcely moved beyond traditional positivists’ ahistorical and reductionist views.

The Natural Law Thesis: Affirmation or Denial?

1957 ◽  
Vol 51 (1) ◽  
pp. 41-53 ◽  
Author(s):  
Felix E. Oppenheim
Keyword(s):  
Natural Law ◽  
Political Thought ◽  
Knock Down ◽  
Straw Men

The age old contest between the proponents of natural law and their opponents continues unabated, and a solution does not seem in sight. The reason, it seems to me, is simply that representatives of either side often quite literally do not know what they themselves, as well as their opponents, are talking about. Instead of arguing for their respective theories and against those of their antagonists, they knock down straw men. And since there are periodic “revivals” of natural law, and of its denial as well, the game continues endlessly. Yet, I believe it is sufficient to state the issue clearly to realize that the advocates of natural law adhere to an incorrect epistemological view, and that political thought must dispense with natural law because it is a mistaken doctrine.

Hume and Conservatism

1954 ◽  
Vol 48 (4) ◽  
pp. 999-1016 ◽  
Author(s):  
Sheldon S. Wolin
Keyword(s):  
Eighteenth Century ◽  
Natural Law ◽  
Political Thought ◽  
Adam Smith ◽  
Moral Judgments ◽  
Important Ingredient ◽  
John Adams ◽  
Political Theorist ◽  
Thomas Huxley

Although David Hume's stature as a philosopher has rarely been questioned, his claims as a political theorist have fared less well. Jefferson showed deep hostility towards Hume's ideas, while John Adams could find agreement with only a few points. Later opinion has been less vehement but still reserved. Thomas Huxley thought Hume's political writings suggestive, but on the whole marred by an unabashed desire for literary success. In Sir Leslie Stephen's judgment Hume was guilty of a “cynical conservatism” that was at once superficial and unhistorical.More recent studies, such as those of Sabine and Halévy, have established more securely Hume's place in political thought but have left certain ambiguities. Sabine has coupled Hume with Burke as an opponent of eighteenth-century rationalism, while Halévy viewed him as a forerunner of the “philosophical radicalism” of Bentham, Adam Smith, James Mill, and Ricardo. To have fathered squabbling children is always something of an embarrassment, but particularly so when one is, like Hume, temperamentally averse to taking sides. It is true, nonetheless, that if a temporary distinction is made between Hume's doctrine and his influence, it is possible to maintain that his influence worked in two quite different directions. His inquires into causation, the role of reason, and the nature of moral judgments helped eventually to undermine the natural law structure of eighteenth-century liberalism, while his emphasis on utility as the test of institutions contributed an important ingredient to Benthamite liberalism.

SACRED HISTORY AND POLITICAL THOUGHT: NEAPOLITAN RESPONSES TO THE PROBLEM OF SOCIABILITY AFTER HOBBES

2013 ◽  
Vol 56 (1) ◽  
pp. 1-29 ◽  
Author(s):  
JOHN ROBERTSON
Keyword(s):  
Seventeenth Century ◽  
Old Testament ◽  
Natural Law ◽  
Political Thought ◽  
Near East ◽  
Family Relations ◽  
Giambattista Vico ◽  
The Bible ◽  
Critical Scholarship ◽  
Sacred History

ABSTRACTFrom the mid-seventeenth century, the problem of human sociability, long a staple of natural jurisprudence, became even more central to political thought. Faced with Hobbes's insistence on man's natural unsociability, Protestant thinkers continued to treat the question from within natural law. For reasons we do not yet understand, however, Catholic thinkers did not. Instead, it is argued here, they turned to sacred history, and in particular to the Old Testament, as the earliest record of the formation of human societies, Hebrew and gentile. The materials for this enquiry were provided by new critical scholarship on the Bible and the peoples of the ancient Near East. Despite the hostility of the authorities in Rome to its findings, this scholarship was widely available in the Catholic world, notably so in contemporary Naples. Two of the most remarkable applications of sacred history to the problem of sociability were by the Neapolitans Pietro Giannone, in his ‘Triregno’ (1731–3), and Giambattista Vico, in the Scienza nuova (1725–44). These works explored the ways in which family relations, religious practices, and war enabled the ancient Hebrews and their gentile neighbours to form and maintain societies, notwithstanding the unsocial tendency of human passions.

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