16. Rousseau

2017 ◽  
Author(s):  
David Boucher
Keyword(s):  
Social Contract ◽  
Natural Law ◽  
Political Thought ◽  
Private Property ◽  
The State ◽  
Natural Rights ◽  
State Of Nature ◽  
Short Biography ◽  
Civic Virtues

This chapter examines Jean-Jacques Rousseau's political thought. It first provides a short biography of Rousseau before discussing varying interpretations of his ideas, suggesting that, because of his emphasis upon civic virtues and freedom as lack of an insidious form of dependence, the republican tradition best reflects Rousseau's concerns. It then considers Rousseau's distinctive contribution to the idea of the state of nature, noting that the springs of action in his state of nature are not reason are self-preservation and sympathy. It also explores Rousseau's views on private property, social contract, inequality, natural law and natural rights, democracy, religion, and censorship. The chapter concludes with an analysis of Rousseau's concern with freedom and dependence, and how the related issues of slavery and women were relevant for him.

“A Trespass against the Whole Species”: Universal Crime and Sovereign Founding in John Locke’s Second Treatise of Government

2018 ◽  
Vol 46 (4) ◽  
pp. 560-585
Author(s):  
Sinja Graf
Keyword(s):  
Natural Law ◽  
Private Property ◽  
Normative Theory ◽  
The State ◽  
The Self ◽  
The Political ◽  
State Of Nature ◽  
The Subject ◽  
The Creation

This essay theorizes how the enforcement of universal norms contributes to the solidification of sovereign rule. It does so by analyzing John Locke’s argument for the founding of the commonwealth as it emerges from his notion of universal crime in the Second Treatise of Government. Previous studies of punishment in the state of nature have not accounted for Locke’s notion of universal crime which pivots on the role of mankind as the subject of natural law. I argue that the dilemmas specific to enforcing the natural law against “trespasses against the whole species” drive the founding of sovereign government. Reconstructing Locke’s argument on private property in light of universal criminality, the essay shows how the introduction of money in the state of nature destabilizes the normative relationship between the self and humanity. Accordingly, the failures of enforcing the natural law require the partitioning of mankind into separate peoples under distinct sovereign governments. This analysis theorizes the creation of sovereign rule as part of the political productivity of Locke’s notion of universal crime and reflects on an explicitly political, rather than normative, theory of “humanity.”

From Humanity to Sovereignty

2021 ◽  
pp. 49-76
Author(s):  
Sinja Graf
Keyword(s):  
Native American ◽  
Natural Law ◽  
Private Property ◽  
The State ◽  
Agricultural Labor ◽  
State Of Nature

Chapter 2 analyzes Locke’s notion of a “trespass against the whole species” in the Second Treatise of Government. It reconstructs his argument for private property and political government through the lens of universal crime in a colonial context. Once humanity is stipulated as the earth’s stakeholder in the state of nature, the failure to enclose land via labor wastes the earth’s potential and instantiates an offense against mankind. Presenting the figure of the Native American as the quintessential universal criminal failing to perform agricultural labor as a dictate of natural law, Locke’s argument reveals an inclusionary Eurocentrism that includes non-European peoples insofar as they violate humanity’s supposedly universal norms. Furthermore, once the introduction of money enables accumulation without spoilage, those wasting the earth’s productivity become scarcely recognizable as universal criminals, and humanity as the natural law’s subject becomes destabilized. Founding separate peoples under sovereign government hence becomes necessary to recreate law-governed collective life.

scholarly journals Grotius’ theory of natural law

2015 ◽  
Vol 26 (2) ◽  
pp. 436-457
Author(s):  
Jelena Govedarica
Keyword(s):  
International Law ◽  
Social Contract ◽  
Natural Law ◽  
The State ◽  
State Sovereignty ◽  
Moral Norms ◽  
State Of Nature ◽  
Heuristic Principle ◽  
The Way

After analyzing Grotius? formulation of the state of nature and natural law, social contract and international law, the author places emphasis on two insights. First, that a certain heuristic principle plays a central role in Grotius? argument - the analogy between individuals and states in the state of nature. Second, his firm belief that within the international framework the protection of natural law of people and communities comes before respect for state sovereignty. The author will argue that morally unacceptable implications of these characteristics of Grotius? theory, when we take into account the way in which he defines the rights of punishment and property, are in fact legitimation of interventionism and colonialism. The author will also argue that Grotius initiated an influential tradition in international law, characterized by a lack of clear boundaries between legal and moral norms.

LYSANDER SPOONER: NINETEENTH-CENTURY AMERICA'S LAST NATURAL RIGHTS THEORIST

2012 ◽  
Vol 29 (2) ◽  
pp. 139-176 ◽  
Author(s):  
Eric Mack
Keyword(s):  
Nineteenth Century ◽  
Intellectual Property ◽  
Property Rights ◽  
Natural Law ◽  
Political Thought ◽  
Private Property ◽  
Natural Rights ◽  
Private Property Rights ◽  
Nineteenth Century America ◽  
Herbert Spencer

AbstractThe main purpose of this essay is to articulate the ideas of the last powerful advocate of natural rights in nineteenth-century America. That last powerful advocate was the Massachusetts-born radical libertarian Lysander Spooner (1808-1887). Besides his powerful antebellum attacks on slavery, Spooner developed forceful arguments on behalf of a strongly individualistic conception of natural law and private property rights and against coercive moralism, coercive paternalism, and state authority and legislation. This essay focuses on the theoretical core of Spooner’s position which is his doctrine of natural rights—a doctrine that is primarily developed in Spooner’s The Law of Intellectual Property (1855), Natural Law (1882), and A Letter to Grover Cleveland (1886). I situate Spooner within the libertarian tradition in political thought by beginning this essay with an examination of two English writers whose radical writings (for the most part) preceded Spooner’s—Thomas Hodgskin (1787-1869) and the early Herbert Spencer (1820-1903). I emphasis the strongly Lockean character of Spooner’s thought and support this contention in part by showing how much more Lockean Spooner was than either Hodgskin or the early Spencer.

Kant’s Naturrecht Feyerabend, Achenwall and the Role of the State

Kant Yearbook ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 49-71
Author(s):  
Mike L. Gregory
Keyword(s):  
Political Philosophy ◽  
Sustained Attention ◽  
Natural Law ◽  
The State ◽  
Natural Rights ◽  
Law System ◽  
Role Of The State ◽  
The Will ◽  
Subjective Rights

Abstract Kant’s Naturrecht Feyerabend has recently gained more sustained attention for its role in clarifying Kant’s published positions in political philosophy. However, too little attention has been given to the lecture’s relation to Gottfried Achenwall, whose book was the textbook for the course. In this paper, I will examine how Kant rejected and transforms Achenwall’s natural law system in the Feyerabend Lectures. Specifically, I will argue that Kant problematizes Achenwall’s foundational notion of a divine juridical state which opens up a normative gap between objective law (prohibitions, prescriptions and permissions) and subjective rights (moral capacities). In the absence of a divine sovereign, formal natural law is unable to justify subjective natural rights in the state of nature. In the Feyerabend Lectures, Kant, in order to close this gap, replaces the divine will with the “will of society”, making the state necessary for the possibility of rights.

Coleridge’s Exile from the Social Contract, 1795–1829

2016 ◽  
Author(s):  
Zoe Beenstock
Keyword(s):  
Social Contract ◽  
The State ◽  
The Self ◽  
Breaking Point ◽  
General Will ◽  
Social Crisis ◽  
State Of Nature ◽  
The Social ◽  
The Individual ◽  
Better Than

Coleridge wrote frequently about Rousseau throughout his varied career. His early lectures and letters draw on Rousseau’s critique of luxury and frequently allude to the general will, depicting Rousseau as a Christ-like figure. Coleridge’s subsequent disappointment with Pantisocracy led him to reject Rousseau and the social contract. Comparing Rousseau to Luther in The Friend, Coleridge argues that Rousseau’s unhappiness arises from a conflict between an age of individualism and an ongoing need for community. According to Coleridge, poetry tolerates this conflict better than philosophy. In ‘Reflections on Having Left a Place of Retirement’ Coleridge suggests that social retreat offers illusory solace from war and social crisis. He critiques the state of nature, sympathy, and even religion for failing to balance the self with its environment. Thematically and formally The Rime of the Ancient Mariner explores this crisis in cohering systems. Through the mariner’s relationship to the albatross, the wedding that frames the poem, and episodes of the supernatural that disrupt the ballad form, Coleridge defines a breaking point between the individual and general wills.

13. John Locke

2017 ◽  
Author(s):  
Jeremy Waldron
Keyword(s):  
Political Philosophy ◽  
Rule Of Law ◽  
Natural Law ◽  
John Locke ◽  
Private Property ◽  
Civil Disobedience ◽  
The Rule Of Law ◽  
Limited Government ◽  
Short Biography ◽  
Political Thinker

This chapter examines and defends the relevance of John Locke's writings as political philosophy. Locke's political philosophy continues to have an enormous impact on the framing and the pursuit of liberal ideas in modern political thought — ideas about social contract, government by consent, natural law, equality, individual rights, civil disobedience, and private property. The discussion and application of Locke's arguments is thus an indispensable feature of political philosophy as it is practised today. After providing a short biography of Locke, the chapter considers his views on equality and natural law, property, economy, and disagreement, as well as limited government, toleration, and the rule of law. It concludes with an assessment of Locke's legacy as a political thinker.

scholarly journals Nature and Artifice in Hobbes’s International Political Thought

2015 ◽  
Vol 28 (1) ◽  
pp. 18-34
Author(s):  
Maximilian Jaede
Keyword(s):  
Political Philosophy ◽  
International Relations ◽  
Political Thought ◽  
The State ◽  
Foreign Affairs ◽  
Human Beings ◽  
State Of Nature ◽  
Lasting Peace ◽  
Contrary Effect

This article argues that the artificiality of Hobbesian states facilitates their coexistence and eventual reconciliation. In particular, it is suggested that international relations may be characterised by an artificial equality, which has a contrary effect to the natural equality of human beings. Unlike individuals in Hobbes’s account of the state of nature, sovereigns are not compelled to wage war out of fear and distrust, but have prudential reasons to exercise self-restraint. Ultimately rulers serve as disposable figureheads who can be replaced by a foreign invader. Thus, this article highlights the implications of Hobbes’s views on sovereignty by acquisition, which allow for states to be decomposed and reassembled in order to re-establish lasting peace. It is concluded that these findings help to explain why Hobbes does not provide something akin to modern theories of international relations, as foreign affairs appear to be reducible to a matter of either prudence or political philosophy.

scholarly journals Trzy razy res publica: Thomas Smith, Gasparo Contarini i Wawrzyniec Goślicki

2018 ◽  
Vol 65 (1) ◽  
pp. 75-104
Author(s):  
Iwona Barwicka-Tylek
Keyword(s):  
Political Thought ◽  
Political System ◽  
The State ◽  
16Th Century ◽  
The Political ◽  
Liberal Tradition ◽  
State And Society ◽  
Civic Virtues ◽  
The Republic

The interest in Republican thought is on the increase again, now chiefl y thanks to the works of Quentin Skinner and the circle of so-called neo-Republicans (or civic Republicans) concentrated around Phillip Petit. They stress the peculiar perspective that Republicans have had on the state and society. This is seen in their distinctive view of freedom as the absence of domination, or attachment to the category of citizenship and the related role of civic virtues. These special characteristics justify, in their opinion, distinguishing the Republican trend of political thought (historically and now) from other positions, especially the liberal tradition. Accepting generally the above opinion, the paper draws our attention to signifi - cant differences within Republicanism itself. To do this, it cites the three conceptions of republic that were formed in the 16th century and refer to England (Sir Thomas Smith), Venice (Gasparo Contarini) and Poland (Wawrzyniec Goślicki). Although they were formed around the same time and have common roots mainly in Aristotle’s philosophy and Roman Republican ideas, each of the three perspectives views the republic from a different angle. While all three authors believe the coexistence of three elements – orderly institutions, wise law and virtuous citizens – to be crucial for any state, they rely in their deliberations on one element only. This has an impact on the way their conceptions fi nally appear and on the conclusions for the political system they draw. And so, Smith gives precedence to institutions, Contarini emphasises the key role of law and Goślicki gives primacy to virtue, concentrated in an ideal senator. Taking notice of such differences among thinkers openly admitting to an attachment to the Republican tradition should make us even more careful so as not to oversimplify it as if it were uniform and completely cohesive. Further, the awareness of such differences may provoke refl ection how justifi ed the use of the Republican banner is in respect of so different authors as, for instance, Machiavelli and Montesquieu.

Sign in / Sign up

Export Citation Format

Share Document