The Natural Law Foundations of Modern Social Theory
Title | The Natural Law Foundations of Modern Social Theory PDF eBook |
Author | Daniel Chernilo |
Publisher | Cambridge University Press |
Pages | 257 |
Release | 2013-01-31 |
Genre | History |
ISBN | 1107009804 |
Daniel Chernilo offers an original reconstruction of the history of universalism in modern social thought from Hobbes to Habermas.
The Natural Law Foundations of Modern Social Theory
Title | The Natural Law Foundations of Modern Social Theory PDF eBook |
Author | Daniel Chernilo |
Publisher | Cambridge University Press |
Pages | 257 |
Release | 2013-01-31 |
Genre | Social Science |
ISBN | 1139619462 |
After several decades in which it became a prime target for critique, universalism remains one of the most important issues in social and political thought. Daniel Chernilo reassesses social theory's universalistic orientation and explains its origins in natural law theory, using an impressive array of classical and contemporary sources that include, among others, Habermas, Leo Strauss, Weber, Marx, Hegel, Rousseau and Hobbes. The Natural Law Foundations of Modern Social Theory challenges previous accounts of the rise of social theory, recovers a strong idea of humanity, and revisits conventional arguments on sociology's relationship to modernity, the enlightenment and natural law. It reconnects social theory to its scientific and philosophical roots, its descriptive and normative tasks and its historical and systematic planes. Chernilo's defense of universalism for contemporary social theory will surely engage students of sociology, political theory and moral philosophy alike.
Natural Law Today
Title | Natural Law Today PDF eBook |
Author | Christopher Wolfe |
Publisher | Rowman & Littlefield |
Pages | 188 |
Release | 2018-10-15 |
Genre | Philosophy |
ISBN | 1498576435 |
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.
Roman Law in the State of Nature
Title | Roman Law in the State of Nature PDF eBook |
Author | Benjamin Straumann |
Publisher | Cambridge University Press |
Pages | 287 |
Release | 2015-02-12 |
Genre | History |
ISBN | 1107092906 |
This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
Reconciling Law and Morality in Human Rights Discourse
Title | Reconciling Law and Morality in Human Rights Discourse PDF eBook |
Author | Willy Moka-Mubelo |
Publisher | Springer |
Pages | 212 |
Release | 2016-12-13 |
Genre | Philosophy |
ISBN | 3319494961 |
In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
Thomas Hobbes and the Natural Law
Title | Thomas Hobbes and the Natural Law PDF eBook |
Author | Kody W. Cooper |
Publisher | University of Notre Dame Pess |
Pages | 413 |
Release | 2018-03-30 |
Genre | Philosophy |
ISBN | 0268103046 |
Has Hobbesian moral and political theory been fundamentally misinterpreted by most of his readers? Since the criticism of John Bramhall, Hobbes has generally been regarded as advancing a moral and political theory that is antithetical to classical natural law theory. Kody W. Cooper challenges this traditional interpretation of Hobbes in Thomas Hobbes and the Natural Law. Hobbes affirms two essential theses of classical natural law theory: the capacity of practical reason to grasp intelligible goods or reasons for action and the legally binding character of the practical requirements essential to the pursuit of human flourishing. Hobbes’s novel contribution lies principally in his formulation of a thin theory of the good. This book seeks to prove that Hobbes has more in common with the Aristotelian-Thomistic tradition of natural law philosophy than has been recognized. According to Cooper, Hobbes affirms a realistic philosophy as well as biblical revelation as the ground of his philosophical-theological anthropology and his moral and civil science. In addition, Cooper contends that Hobbes's thought, although transformative in important ways, also has important structural continuities with the Aristotelian-Thomistic tradition of practical reason, theology, social ontology, and law. What emerges from this study is a nuanced assessment of Hobbes’s place in the natural law tradition as a formulator of natural law liberalism. This book will appeal to political theorists and philosophers and be of particular interest to Hobbes scholars and natural law theorists.
Marx and Social Justice
Title | Marx and Social Justice PDF eBook |
Author | George E. McCarthy |
Publisher | BRILL |
Pages | 404 |
Release | 2017-11-01 |
Genre | Political Science |
ISBN | 9004311963 |
In Marx and Social Justice, George E. McCarthy presents a detailed and comprehensive overview of the ethical, political, and economic foundations of Marx’s theory of social justice in his early and later writings. What is distinctive about Marx's theory is that he rejects the views of justice in liberalism and reform socialism based on legal rights and fair distribution by balancing ancient Greek philosophy with nineteenth-century political economy. Relying on Aristotle’s definition of social justice grounded in ethics and politics, virtue and democracy, Marx applies it to a broader range of issues, including workers’ control and creativity, producer associations, human rights and human needs, fairness and reciprocity in exchange, wealth distribution, political emancipation, economic and ecological crises, and economic democracy. Each chapter in the book represents a different aspect of social justice. Unlike Locke and Hegel, Marx is able to integrate natural law and natural rights, as he constructs a classical vision of self-government ‘of the people, by the people’.