Rex, Lex et Judex

2008 ◽  
Vol 4 (2) ◽  
pp. 274-301 ◽  
Author(s):  
K.M. Schönfeld
Keyword(s):  
Natural Law ◽  
Historical Context ◽  
Text Reading ◽  
George Buchanan

Doubts about the traditional, positivistic interpretation of Montesquieu's ‘bouche de la loi’-text – Reading Montesquieu in his historical context – England and France: judge made law and parlementaire ideology – Natural law context – Lex animata, lex loquens: King versus judge – The Ciceronian and English background of the ‘bouche de la loi’ – The Fronde and les Mazarinades – George Buchanan, Sir Edward Coke and Calvin's Case

scholarly journals Human Rights and Human Nature

2016 ◽  
Vol 28 (4) ◽  
pp. 523-534
Author(s):  
Jean Rhéaume
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Natural Law ◽  
Historical Context ◽  
Human Being ◽  
Positive Law

At least two important consequences follow from the fact that human rights are based on human nature. First, they exist according to natural law even in cases where positive law does not recognize them. Secondly, they cannot evolve because the nature and purpose of the human being does not change: only their formulation and level of protection in positive law can vary according to the socio-historical context.

Three Themes in Sefer Ḥasidim

2020 ◽  
pp. 5-69
Author(s):  
Haym Soloveitchik
Keyword(s):  
Natural Law ◽  
Historical Context ◽  
Theoretical Evaluation ◽  
German Jews ◽  
Sources Of Authority ◽  
The Right ◽  
Sense Of Justice ◽  
Hasidei Ashkenaz ◽  
Talmud Torah ◽  
Common Perception

This chapter discusses how R. Yehudah he-Ḥasid's sense of right and justice, what he termed din shamayim (heavenly law), had little in common with halakhic norms; it resembled instead the 'natural law' of the Stoics, a sense of justice imprinted in all men's minds that guided them to a common perception of the right and the equitable. The meaning often given to din shamayim, the centrality attributed to it in the German Pietists' thought, and the image of the-Ḥasid as torn (consciously or not) between two competing sources of authority reveal more about the outlook of modern Jewish historiography than about the thinking of those medieval German Jews who so aspired to the epithet 'Ḥasidim'. The chapter then questions whether the celebrated remarks of Sefer Ḥasidim about talmud Torah and talmidei ḥakhamim constituted a theoretical evaluation of these institutions and thus expressed a basic axiological critique, or whether these words arose from a distinct historical context and possessed a specific address. It is the tosafist movement that forms the backdrop to Ḥasidei Ashkenaz. Much of Sefer Ḥasidim, both good and bad, is a product of and a response to the disruptive effects of the new dialectic.

Nature

2021 ◽  
pp. 40-64
Author(s):  
Dan Taylor
Keyword(s):  
Natural Law ◽  
Golden Age ◽  
Historical Context ◽  
Human Beings ◽  
Natural Right ◽  
Conflict And Cooperation ◽  
Human Power ◽  
Dutch Golden Age ◽  
The Status

Chapter 2 approaches on the problem of ‘nature’ and natural right, exploring what human beings are according to nature, and how conflicting views of nature impede or inspire human power. It begins with an exposition on the Dutch “Golden Age” and slavery, with an excursus on the colony of Brazil. Natural law and contextual justifications of slavery are introduced as a backdrop to Spinoza’s approach. It discusses the hitherto-underappreciated significance of the three political laws of TTP’s Chapter 16, before raising wider questions of the status of the free man and the slave, and Spinoza’s various formulations of freedom and slavery, before relating these back to the contested areas of nature and naturalism, the historical context of slavery in the Dutch colony of “New Holland” in Brazil, and the broader avenues of conflict and cooperation between individuals.

scholarly journals The Place of Fault in Grotius’s Conception of Liability for Wrongdoing

Grotiana ◽  
2021 ◽  
Vol 42 (1) ◽  
pp. 53-68
Author(s):  
Joe Sampson
Keyword(s):  
Natural Law ◽  
Strict Liability ◽  
Historical Context ◽  
Intellectual Traditions ◽  
The Law

Abstract This article compares Grotius’s treatments of liability for wrongdoing in natural law and the law of Holland to emphasise the conceptual centrality of fault in both, and places Grotius’s analyses in their historical context by tracing the treatment of strict liability in those intellectual traditions upon which he drew. It focuses in particular on the formulation of obligations quasi ex maleficio to show how the absence of fault rendered the obligation something other than delictual.

scholarly journals PERMISSIVE NATURAL LAW AND ITS SCOPE IN PAUL VLADIMIRI’S PHILOSOPHY

2020 ◽  
Vol 56 (S1) ◽  
pp. 7-24
Author(s):  
Magdalena Płotka
Keyword(s):  
Natural Law ◽  
Historical Context ◽  
Medieval Philosophy ◽  
Natural Laws ◽  
History Of

The purpose of this article is to a%empt to provide a more precise answer to the question of Paul Vladimiri’s (Latin: Paulus Vladimiri; Polish: Paweł Włodkowic) account of the concept of permissive natural law. This purpose is realized in two steps. First, a brief history of permissive natural laws in the tradition of medieval philosophy is discussed, and the historical context, in which Paul Vladimiri developed his theory of natural law, is outlined. Next, some excerpts from Vladimir’s writings are analysed, in which he uses phrases indicating the presence of the concept of permissive law in his philosophy.

scholarly journals Le Genethliacon Jacobi Sexti Scotorum Regis de George Buchanan

2014 ◽  
Vol 36 (4) ◽  
pp. 101-144
Author(s):  
Aline Smeesters
Keyword(s):  
Critical Edition ◽  
Historical Context ◽  
Literary Tradition ◽  
French Translation ◽  
George Buchanan

The Latin genethliac poem celebrating the birth of James VI of Scotland is often recognised as one of the most significant poems by George Buchanan, but it has never been fully analysed so far. This paper ambitions to propose a global interpretation of the genethliac, taking into account its literary as well as political aspects. After replacing the poem in the historical context of the reign of Mary queen of Scots and in the literary tradition of the genethliac poetry, the analysis focuses on three striking features of the poem: the lack of the maiores thematic, the opening prophecy and the portrait of the good king. The article also touches the problem of the double redaction, and gives a first critical edition and complete French translation of the poem.

The Identity and Limits of the Constituent Subject

2020 ◽  
pp. 127-160
Author(s):  
Joel Colón-Ríos
Keyword(s):  
19Th Century ◽  
Natural Law ◽  
Historical Context ◽  
Popular Sovereignty ◽  
Constituent Power ◽  
Parliamentary Sovereignty ◽  
Concrete Form

This chapter considers the legal and institutional implications that different 19th-century authors derived from the theory on constituent power and that, in many cases, were reflected in actual constitutional practice. Part I briefly examines the general historical context in which the works discussed in the chapter were written. Part II considers the constitutional theories of a group of authors who focused on the exclusive character of the nation’s constituent power. Theirs were theories that largely rejected the English tradition of parliamentary sovereignty, that is, of a parliament able to engage in both constituted and constituent activity. Importantly, these conceptions were developed at a time when it was not uncommon for written constitutions to lack amendment rules. Part III considers the work of a group of authors who, while largely operating under the Sieyèsian ‘constituent power of the nation’ approach, attempted to provide a more concrete form to ‘the nation’ without fully embracing Rousseau’s system of popular sovereignty. Finally, Part IV examines the work of authors who approach the theory of constituent power from a natural law perspective.

scholarly journals Koncepcje suwerenności i prawa do oporu w De iure regni apud Scotos („O władzy królewskiej wśród Szkotów”) George’a Buchanana

2018 ◽  
Vol 70 (1) ◽  
pp. 187-224
Author(s):  
Maciej Wilmanowicz
Keyword(s):  
Human Nature ◽  
Natural Law ◽  
Legal Philosophy ◽  
Community Law ◽  
Institutional Dimension ◽  
George Buchanan ◽  
The Right

The aim of the article is to analyze the concept of sovereignty and the right of revolution laid down by the Scottish humanist George Buchanan in his dialogue “De jure regni apud Scotos” (“A dialogue, concerning the due privilege of government in the kingdom of Scotland”) in 1567. These concepts were grounded in the context of both philosophical and anthropological views of Buchanan himself. The paper presents Buchanan’s views pertaining to human nature and natural law. Moreover, it shows how deeply these notions influenced the shape of his concepts of authority, community, law as well as of their mutualinterdependence. The article also highlights the ambiguous character of the institutional dimension of the Scotsman’s theory and, at the same time, it emphasizes the coherence of his political and legal philosophy.

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