Foundations of Natural Right PDF Download

Author: Johann Gottlieb Fichte
Publisher: Cambridge University Press
ISBN: 9780521575911
Category : Philosophy
Languages : en
Pages : 380

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A complete translation into English of Fichte's most important work of political philosophy.

Author: Gabriel Gottlieb
Publisher: Cambridge University Press
ISBN: 9781107435070
Category : Philosophy
Languages : en
Pages : 0

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Book Description
Fichte's Foundations of Natural Right (1796/97) was one of the most influential books in nineteenth-century philosophy. It was read carefully by Schelling, Hegel, and Marx, and initiated a tradition in German philosophy that considers human subjectivity to be relational and intersubjective, thus requiring relations of recognition between subjects. The essays in this volume highlight this little-understood book's most important ideas and innovations. They offer discussions of Fichte's conception of freedom, self-consciousness, coercion, the summons, the body, and human rights, together with new analyses of his deduction of right, his views on the social contract, and his arguments for the separation of right from morality. The essays expand and deepen ongoing debates in the scholarship and chart new avenues of thought about Fichte's most enduring work of political philosophy. They will be essential reading for students and scholars of German Idealism, nineteenth-century philosophy, and the history of political thought.

Author: S. Adam Seagrave
Publisher: University of Chicago Press
ISBN: 022612357X
Category : Philosophy
Languages : en
Pages : 185

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Recent years have seen a renaissance of interest in the relationship between natural law and natural rights. During this time, the concept of natural rights has served as a conceptual lightning rod, either strengthening or severing the bond between traditional natural law and contemporary human rights. Does the concept of natural rights have the natural law as its foundation or are the two ideas, as Leo Strauss argued, profoundly incompatible? With The Foundations of Natural Morality, S. Adam Seagrave addresses this controversy, offering an entirely new account of natural morality that compellingly unites the concepts of natural law and natural rights. Seagrave agrees with Strauss that the idea of natural rights is distinctly modern and does not derive from traditional natural law. Despite their historical distinctness, however, he argues that the two ideas are profoundly compatible and that the thought of John Locke and Thomas Aquinas provides the key to reconciling the two sides of this long-standing debate. In doing so, he lays out a coherent concept of natural morality that brings together thinkers from Plato and Aristotle to Hobbes and Locke, revealing the insights contained within these disparate accounts as well as their incompleteness when considered in isolation. Finally, he turns to an examination of contemporary issues, including health care, same-sex marriage, and the death penalty, showing how this new account of morality can open up a more fruitful debate.

Author: Dan Edelstein
Publisher: University of Chicago Press
ISBN: 0226184404
Category : Literary Criticism
Languages : en
Pages : 351

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Natural right—the idea that there is a collection of laws and rights based not on custom or belief but that are “natural” in origin—is typically associated with liberal politics and freedom. In The Terror of Natural Right, Dan Edelstein argues that the revolutionaries used the natural right concept of the “enemy of the human race”—an individual who has transgressed the laws of nature and must be executed without judicial formalities—to authorize three-quarters of the deaths during the Terror. Edelstein further contends that the Jacobins shared a political philosophy that he calls “natural republicanism,” which assumed that the natural state of society was a republic and that natural right provided its only acceptable laws. Ultimately, he proves that what we call the Terror was in fact only one facet of the republican theory that prevailed from Louis’s trial until the fall of Robespierre. A highly original work of historical analysis, political theory, literary criticism, and intellectual history, The Terror of Natural Right challenges prevailing assumptions of the Terror to offer a new perspective on the Revolutionary period.

Author: Wil Waluchow
Publisher: Oxford University Press
ISBN: 0199675511
Category : Law
Languages : en
Pages : 386

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This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights.

Author: Larry Arnhart
Publisher: State University of New York Press
ISBN: 0791495302
Category : Philosophy
Languages : en
Pages : 360

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This book shows how Darwinian biology supports an Aristotelian view of ethics as rooted in human nature. Defending a conception of "Darwinian natural right" based on the claim that the good is the desirable, the author argues that there are at least twenty natural desires that are universal to all human societies because they are based in human biology. The satisfaction of these natural desires constitutes a universal standard for judging social practice as either fulfilling or frustrating human nature, although prudence is required in judging what is best for particular circumstances. The author studies the familial bonding of parents and children and the conjugal bonding of men and women as illustrating social behavior that conforms to Darwinian natural right. He also studies slavery and psychopathy as illustrating social behavior that contradicts Darwinian natural right. He argues as well that the natural moral sense does not require religious belief, although such belief can sometimes reinforce the dictates of nature.

Author: Christian Thomasius
Publisher: Natural Law and Enlightenment
ISBN: 9780865975187
Category : Law
Languages : en
Pages : 0

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Book Description
Christian Thomasius's natural jurisprudence is essential to understanding the origins of the Enlightenment in Germany, where his importance was comparable to that of John Locke's in England. First published in 1688, Thomasius's Institutionum jurisprudentiae divinae (Institutes of Divine Jurisprudence) attempted to draw a clear distinction between natural and revealed law and to emphasize that human reason was able to know the precepts of natural law without the aid of Scripture. Thomasius also argued that his orthodox Lutheran opponents had failed to understand this distinction and thereby had confused reason and Scripture. In addition to the Institutes of Divine Jurisprudence, this volume contains significant selections from his Fundamenta juris naturae et gentium (Foundations of the Law of Nature and Nations), published in 1705. In Foundations Thomasius significantly revised the theory he had put forward in the Institutes, and much of the Foundations therefore is a paragraph-by-paragraph commentary on his earlier ideas. These works are a companion to Thomasius's Essays on Church, State, and Politics, and together they provide the first-ever English presentation of this preeminent German thinker.

Author: Sean Coyle
Publisher: Hart Publishing
ISBN: 1841133590
Category : Law
Languages : en
Pages : 245

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Book Description
This book argues that environmental law must be seen as a historical product of surprising antiquity and considerable sophistication.

Author: David James
Publisher: Cambridge University Press
ISBN: 1139495410
Category : Philosophy
Languages : en
Pages : 235

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Book Description
In this study of Fichte's social and political philosophy, David James offers an interpretation of Fichte's most famous writings in this area, including his Foundations of Natural Right and Addresses to the German Nation, centred on two main themes: property and virtue. These themes provide the basis for a discussion of such issues as what it means to guarantee the freedom of all the citizens of a state, the problem of unequal relations of economic dependence between states, and the differences and connections between the legal and political sphere of right and morality. James also relates Fichte's central social and political ideas to those of other important figures in the history of philosophy, including Locke, Kant and Hegel, as well as to the radical phase of the French Revolution. His account will be of importance to all who are interested in Fichte's philosophy and its intellectual and political context.

Author: Rowan Cruft
Publisher: Oxford University Press
ISBN: 0199688621
Category : Law
Languages : en
Pages : 721

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Book Description
Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics