Natural law and the ‘Anglo-Saxons’—some reflections in response to Hedley Bull

1979 ◽  
Vol 5 (3) ◽  
pp. 260-272 ◽  
Author(s):  
E. B. F. Midgley

In my study, The Natural Law Tradition and the Theory of International Relations, reviewed in Hedley Bull's interesting article, there are no chapters devoted to natural law thinkers before the thirteenth century. Any lengthening of an already long manuscript might have diminished its prospects of publication. In the absence of a full survey of the strengths and weaknesses of earlier theories, there are various explicit or implied judgements on positions of Aristotle, the Stoics, Cicero and Augustine in chapters dealing primarily with other matters. Whilst referring to sources of Aquinas's doctrine, I did not give a detailed account of the historical formation of his teaching. I concentrated upon St. Thomas's discussion of the various kinds of law and especially upon the doctrine of eternal law which he brought to a certain perfection. In doing this, I was consoled by the view which I shared with Vincent McNabb that “it was always the thought of Aquinas never the history of that thought which seemed of greatest worth…” Indeed, given the incompleteness of so much of the discussion on the intellectual reconciliation of natural and divine law before Aquinas, it is arguable that McNabb was hardly exaggerating very greatly when he wrote that Aquinas's treatise on law in the Summa theologiae “would seem be the first great treatise ever written on law”.

2013 ◽  
Vol 3 (2) ◽  
pp. 323-355
Author(s):  
Amirullah Amirullah

Abstract: Corruption is included as a crime which expands into a transnational crime, destroying the moral values of the nation, hampering and harming the development of the nation, a creation of a closed path of justice, prosperity and welfare of the Indonesian people. Death penalty is an option of criminal sanctions applied in the legal system in Indonesia. The death penalty attached and integrated in the legal system in Indonesia which was formerly influenced by the complexity of its background. At the philosophical level it shows that all legislations related to the formulation of corruption and death penalty have the background of moral values based on Pancasila as a philosophical footing. The death penalty of corruption in Indonesia within the perspective of a legal justice, contained in the formulation of Law No. 20 year 2001 about the Amendment of Law No. 31 year 1999 about eradication to corruption, chapter II, article 2, paragraph (2), shows a part of the positive law. The image of the positive law in Indonesia recognizes the existence of natural law. It is reflected in the philosophical values of the nation, Pancasila (believe in one God). Consequently, the products of the positive law in Indonesia must be derived from the natural law, and the natural law is derived from the eternal law (divine law).Keywords: Law, corruption, criminal act, justice


2021 ◽  
Vol 46 (8) ◽  
pp. 3-4
Author(s):  
Benedict M. Guevin ◽  

Ulpian was an influential name in the history of Roman law and beyond. His definition of Natural Law, while a source of some controversy in the thirteenth century, greatly influenced St. Thomas Aquinas’s own definition. This paper explores that influence, its origins, and its implications in Aquinas’s most famous writings.


Perichoresis ◽  
2015 ◽  
Vol 13 (1) ◽  
pp. 5-17
Author(s):  
Torrance Kirby

Abstract Richard Hooker’s (1554-1600) adaptation of classical logos theology is exceptional and indeed quite original for its extended application of the principles of Neoplatonic apophatic theology to the concrete institutional issues of a particular time and place-the aftermath of the Elizabethan Religious Settlement of 1559. Indeed, his sustained effort to explore the underlying connections of urgent political and constitutional concerns with the highest discourse of hidden divine realities-the knitting together of Neoplatonic theology and Reformation politics-is perhaps the defining characteristic of Hooker’s distinction mode of thought. Hooker’s ontology adheres to a Proclean logic of procession and reversion (processio and redditus) mediated by Aquinas’s formulation of the so-called lex divinitatis whereby the originative principle of law remains simple and self-identical as an Eternal Law while it emanates manifold, derivative and dependent species of law, preeminently in the Natural Law accessible to human reason and Divine Law revealed through the Sacred Oracles of Scripture. For Hooker, therefore, ‘all thinges’-including even the Elizabethan constitution in Church and Commonwealth, are God’s offspring: ‘they are in him as effects in their highest cause, he likewise actuallie is in them, the assistance and influence of his deitie is theire life.’


2005 ◽  
Vol 4 (1) ◽  
pp. 73-86 ◽  
Author(s):  
David Wetherell

Every discipline which deals with the land question in Canaan-Palestine-Israel is afflicted by the problem of specialisation. The political scientist and historian usually discuss the issue of land in Israel purely in terms of interethnic and international relations, biblical scholars concentrate on the historical and archaeological question with virtually no reference to ethics, and scholars of human rights usually evade the question of God. What follows is an attempt, through theology and political history, to understand the history of the Israel-Palestine land question in a way which respects the complexity of the question. From a scrutiny of the language used in the Bible to the development of political Zionism from the late 19th century it is possible to see the way in which a secular movement mobilised the figurative language of religion into a literal ‘title deed’ to the land of Palestine signed by God.


2019 ◽  
Vol 9 (4) ◽  
pp. 218-221
Author(s):  
Albina Imamutdinova ◽  
Nikita Kuvshinov ◽  
Elena Andreeva ◽  
Elena Venidiktova

Abstract The article discusses the research activities of Vladimir Mikhailovich Khvostov, his creative legacy on issues and problems of international relations of the early ХХ century; the life of V.M. Khvostov, characterization and evolution of his approaches and views on the history of international relations, foreign policy. A prominent organizer and theorist in the field of pedagogical Sciences, academician Vladimir Mikhailovich Khvostov played a significant role in the formation of the Academy of pedagogical Sciences of the USSR – the all-Union center of pedagogical thought. As its first President, he paid great attention to the development and improvement of the system of humanitarian education in the school, taking into account all the tasks and requirements imposed by the practice of Communist construction in our country. In his reports and speeches at various scientific sessions and conferences, he repeatedly emphasized the exceptional importance of social Sciences in the training of not only educated girls and boys, but also in the formation of politically literate youth.


2018 ◽  
Vol 28 (6) ◽  
pp. 1835-1847
Author(s):  
Vladimir Tomashevic ◽  
Hatidza Berisha ◽  
Aleksandar Cirakovic

In this paper the authors proceed from defining the concept of balance of forces, theoretical understanding of the balance of forces from the aspect of the scientific understanding of the realistic theory of international relations with concrete examples from the history of international relations. However, the focus of the work is an analysis of the power between a single world power (USA) and major powers (Russia, China) in a possible balance of power.The aim of the paper is to try to point out, through a relatively brief review, the possibility of establishing a balance of forces in the 21st century.


Mediaevistik ◽  
2018 ◽  
Vol 31 (1) ◽  
pp. 318-320
Author(s):  
Scott L. Taylor

Saccenti’s volume belongs to the category of Begriffsgeschichte, the history of concepts, and more particularly to the debate over the existence or nonexistence of a conceptual shift in ius naturale to encompass a subjective notion of natural rights. The author argues that this issue became particularly relevant in mid-twentieth century, first, because of the desire to delimit the totalitarian implications of legal positivism chez Hans Kelsen; second, in response to Lovejoy’s The Great Chain of Being and its progeny; and third, as a result of a revival of neo-Thomistic and neo-scholastic perspectives sometimes labelled “une nouvelle chrétienté.”


Author(s):  
Gerald M. Mara

This book examines how ideas of war and peace have functioned as organizing frames of reference within the history of political theory. It interprets ten widely read figures in that history within five thematically focused chapters that pair (in order) Schmitt and Derrida, Aquinas and Machiavelli, Hobbes and Kant, Hegel and Nietzsche, and Thucydides and Plato. The book’s substantive argument is that attempts to establish either war or peace as dominant intellectual perspectives obscure too much of political life. The book argues for a style of political theory committed more to questioning than to closure. It challenges two powerful currents in contemporary political philosophy: the verdict that premodern or metaphysical texts cannot speak to modern and postmodern societies, and the insistence that all forms of political theory be some form of democratic theory. What is offered instead is a nontraditional defense of the tradition and a democratic justification for moving beyond democratic theory. Though the book avoids any attempt to show the immediate relevance of these interpretations to current politics, its impetus stems very much from the current political circumstances. Since the beginning of the twenty-first century , a series of wars has eroded confidence in the progressively peaceful character of international relations; citizens of the Western democracies are being warned repeatedly about the threats posed within a dangerous world. In this turbulent context, democratic citizens must think more critically about the actions their governments undertake. The texts interpreted here are valuable resources for such critical thinking.


Author(s):  
Barry Allen

Empiricisms reassesses the values of experience and experiment in European philosophy and comparatively. It traces the history of empirical philosophy from its birth in Greek medicine to its emergence as a philosophy of modern science. A richly detailed account in Part I of history’s empiricisms establishes a context in Part II for reconsidering the work of the so-called radical empiricists—William James, Henri Bergson, John Dewey, and Gilles Deleuze, each treated in a dedicated chapter. What is “radical” about their work is to return empiricism from epistemology to the ontology and natural philosophy where it began. Empiricisms also sets empirical philosophy in conversation with Chinese tradition, considering technological, scientific, medical, and alchemical sources, as well as selected Confucian, Daoist, and Mohist classics. The work shows how philosophical reflection on experience and a profound experimental practice coexist in traditional China with no interaction or even awareness of each other. Empiricism is more multi-textured than philosophers tend to assume when we explain it to ourselves and to students. One purpose of Empiricisms is to recover the neglected context. A complementary purpose is to elucidate the value of experience and arrive at some idea of what is living and dead in philosophical empiricism.


Sign in / Sign up

Export Citation Format

Share Document