Trustees of Nature: Natural Law and the Social Contract in the Controversy between Hamann and Mendelssohn

2007 ◽  
pp. 206-216
Author(s):  
Oswald Bayer ◽  
Jeff Cayzer
Keyword(s):  
Social Contract ◽  
Natural Law ◽  
The Social

Foundations II

2021 ◽  
pp. 193-215
Author(s):  
Mogens Lærke
Keyword(s):  
Social Contract ◽  
Natural Law ◽  
Collective Security ◽  
Causal Account ◽  
Natural Right ◽  
The Social ◽  
Theoretical Evolution

This chapter explores Spinoza’s doctrine of the social contract and his understanding of natural law and natural right. Contrasting his views with those of Hobbes, it interprets the social contract not as a logical, historical, or causal account of the state’s foundations, but as a fictive narrative, grounded entirely in the imagination, that citizens in a free republic must embrace in order to prevent mutual persecution and ensure collective security. It also argues how such a reading of the social contract can help resolve fundamental tensions between the Tractatus theologico-politicus and the later Tractatus politicus that until now have been most convincingly explained in terms of a fundamental theoretical evolution between Spinoza’s two political treatises.

Natural Law and Public Reason in Kant's Political Philosophy

1996 ◽  
Vol 26 (3) ◽  
pp. 389-411 ◽  
Author(s):  
Daniel M. Weinstock
Keyword(s):  
Political Philosophy ◽  
Social Contract ◽  
Natural Law ◽  
Public Reason ◽  
The State ◽  
Legal Philosophy ◽  
The Social ◽  
Human Good ◽  
Natural Law Theory

My intention in this essay will be to explore the role that consent-based arguments perform in Kant's political and legal philosophy. I want to uncover the extent to which Kant considered that the legitimacy of the State and of its laws depends upon the outcome of intersubjective deliberation. Commentators have divided over the following question: Is Kant best viewed as a member of the social contract tradition, according to which the legitimacy of the state and of the laws it promulgates derives from the consent of those people over whom it claims authority, or should he be read as having put forward a secularized version of natural law theory, according to which the state and its laws are legitimate to the extent that they are attained by standards of sound reason and supported by an objective account of the human good?

Samuel Clain and the Rumanian Enlightenment in Transylvania

Slavic Review ◽  
1964 ◽  
Vol 23 (4) ◽  
pp. 660-675 ◽  
Author(s):  
Keith Hitchins
Keyword(s):  
Eighteenth Century ◽  
Eastern Europe ◽  
Social Contract ◽  
Natural Law ◽  
The West ◽  
Local Conditions ◽  
The Enlightenment ◽  
The Social ◽  
The Relationship

In the second half of the eighteenth century the leavening effects of the Enlightenment began to be felt among the Rumanians of Transylvania. The Enlightenment in Transylvania—and in Eastern Europe generally —was a curious blend of natural law, rationalism, and optimism, drawn from the West, and nationalism, a response to local conditions. It is no coincidence that the first tangible signs of national awakening among the Rumanians manifested themselves at this time. In the thought of the Enlightenment they discovered new justification for their claims to equality with their Magyar, Saxon, and Szekler neighbors. For example, they applied the notion of “natural” civil equality between individuals to the relationship between whole peoples, and they accepted wholeheartedly the myth of the social contract as the foundation of society and as the guarantee of the rights of all those who composed it.

Overton, Richard (d. circa 1665)

2018 ◽  
Author(s):  
Udo Thiel
Keyword(s):  
Social Contract ◽  
Natural Law ◽  
The Social ◽  
The Law

Overton was one of the leading figures of the radical Leveller movement in England in the 1640s. He fought for the equality of all men before the law and for complete religious and political toleration, often by appealing to notions such as the social contract and the natural law. In metaphysics he denied that the soul is a separate immaterial and immortal substance, arguing that immortality is not achieved until the resurrection. His views on the soul may have influenced Milton.

scholarly journals Freedom and inequality: On the problem of the history and philosophy of liberalism

2021 ◽  
Vol 21 (3) ◽  
pp. 283-287
Author(s):  
Vladimir P. Rozhkov ◽  
Keyword(s):  
French Revolution ◽  
Social Contract ◽  
Natural Law ◽  
18Th Century ◽  
Social Solidarity ◽  
Legal Argumentation ◽  
Classical Liberalism ◽  
The Social ◽  
Liberal Attitude ◽  
The French Revolution

The article is devoted to the study of the problem of the doctrinal identification of freedom and inequality by classical liberalism and neoliberalism. Identifying the features of the naturalistic and theological approaches to the manifestation of inequality in human communities, the author notes the philosophical justification of the legal argumentation of inequality in the theories of natural law and the social contract of modern thinkers. The appeal to the value dynamics reflected in the slogans of the French revolution of the 18th century allows the author to reveal the gradual displacement of the priorities of “Equality” and “Brotherhood”, which were put forward by the revolutionary democracy, by the liberal movements. The final statement of Locke’s version of the orientation of classical liberalism on the triad “Freedom. Property. Life”, according to the author, logically determines the identification of freedom with inequality, and equality with slavery by representatives of liberal circles. The development of the concepts of “social solidarity” by the theorists of neoliberalism, according to the author’s proof, does not change the liberal attitude to “freedom in inequality”. The analysis of the categories of freedom and inequality allows the author to formulate the contradictions of this provision. The article concludes that with the aggravation of the derived contradiction to the maximum, the risk of self-denial of liberalism increases.

D?r al-?arb as the Motherland? The Muslim Tatars of (the Grand Duchy of) Lithuania and Social Contract

2017 ◽  
Vol 10 (2) ◽  
pp. 157-177
Author(s):  
Egdūnas Račius
Keyword(s):  
Twentieth Century ◽  
Social Contract ◽  
Social Consequences ◽  
Nation State ◽  
The Social ◽  
State And Society ◽  
Muslim Minority ◽  
Grand Duchy Of Lithuania ◽  
In The Beginning ◽  
Grand Duchy

Muslim presence in Lithuania, though already addressed from many angles, has not hitherto been approached from either the perspective of the social contract theories or of the compliance with Muslim jurisprudence. The author argues that through choice of non-Muslim Grand Duchy of Lithuania as their adopted Motherland, Muslim Tatars effectively entered into a unique (yet, from the point of Hanafi fiqh, arguably Islamically valid) social contract with the non-Muslim state and society. The article follows the development of this social contract since its inception in the fourteenth century all the way into the nation-state of Lithuania that emerged in the beginning of the twentieth century and continues until the present. The epitome of the social contract under investigation is the official granting in 1995 to Muslim Tatars of a status of one of the nine traditional faiths in Lithuania with all the ensuing political, legal and social consequences for both the Muslim minority and the state.

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