Locke, toleration and natural law: A reassessment

2016 ◽  
Vol 16 (1) ◽  
pp. 109-121
Author(s):  
John William Tate

There is an increasingly prevalent view among some contemporary Locke scholars that Locke's political philosophy is thoroughly subordinate to theological imperatives, centered on natural law. This article challenges this point of view by critically evaluating this interpretation of Locke as advanced by some of its leading proponents. This interpretation perceives natural law as the governing principle of Locke's political philosophy, and the primary source of transition and reconciliation within it. This article advances a very different reading of Locke's political philosophy, perceiving within it competing imperatives that cannot be subsumed by natural law, and are, in some respects, at odds with it. In this way, the article shows how the “theological” interpretation of Locke's political philosophy, centred on natural law, fails to account for some of that philosophy's fundamental features, and is unable to explain some of its key outcomes, with the result that this interpretation falls short of its critical ambitions.

2021 ◽  
Vol 31 (3) ◽  
pp. 39-57
Author(s):  
Karen Green ◽  

Can Catharine Macaulay’s enlightenment democratic republicanism be justified from the point of view of contemporary naturalism? Naturalist accounts of political authority tend to be realist and pessimistic, foreclosing the possibility of enlightenment. Macaulay’s utopian political philosophy relies on belief in a good God, whose existence underpins the possibility of moral and political progress. This paper attempts a restoration of her optimistic utopianism in a reconciliation, grounded in a revision of natural law, of naturalist and utopian attitudes to political theory. It is proposed that the coevolution of language, moral law, and conscience (the disposition to judge one’s own actions in the light of moral principles) can be explained as solutions to the kinds of tragedy of the commons situations facing our ancestors. Moral dispositions evolved, but, in the light of its function, law is subject to rational critique. Liberal democracy plausibly offers the best prospect for developing rationally justifiable law.


2021 ◽  
Vol 57 (4) ◽  
pp. 33-59
Author(s):  
Raul Raunić

The main intention of this paper is to reconstruct the conceptual and historical‎ genesis of the idea and value of political peace from the point of view of ‎political philosophy at the intersection between late scholasticism and early modernity. The paper consists of three related parts. The first part highlights‎ methodological and contextual reasons why the idea of political peace has ‎been overshadowed throughout history by dominant discourses on war. The ‎second part deals with conceptual clarifications. The nature of war is distinguished ‎from other types of conflict and three interpretative approaches to‎ war are analyzed: political realism, fundamentalist-moralistic view of the holy‎ war, and the many theories of natural law that give rise to conceptions of just‎ war, but also the first abolitionist perspective or idea of ending all wars. Early‎ theoretical articulations of the notion of peace indicated modern-day emancipation‎ of politics from the tutelage of metaphysics and classical ethics, thus‎ separating the value of political peace from its original oneness with cosmic ‎and psychological peace. The third part of the paper highlights key moments ‎in the historical genesis of the value of political peace in the works of Aurelius ‎Augustine, Marsilius of Padua, and William of Ockham.‎


Author(s):  
Jens Zimmermann

Based on a comprehensive reading of his entire work, in this book Jens Zimmermann presents Bonhoeffer’s theological ethos as a Christian humanism, that is, as an understanding of the gospel rooted in apostolic and patristic writers who believed God to have renewed humanity in the incarnation. The heartbeat of Bonhoeffer’s Christianity that unifies and motivates his theological writing, his preaching, and his political convictions, including his opposition to the Nazi regime, is the conviction that Christianity as participation in the new humanity established by Christ is about becoming fully human by becoming Christlike. In eight chapters, the author details Bonhoeffer’s humanistic theology following from this incarnational starting point: a Christ-centered anthropology that shows a deep kinship with patristic Christology, a hermeneutically structured theology, an ethic focused on Christ-formation, a biblical hermeneutic centered on God’s transforming presence, and a theological politics aimed at human flourishing. In offering a comprehensive reading of his theology as Christian humanism, Zimmermann not only places Bonhoeffer in the context of the patristic and greater Christian tradition but also makes apparent the relevance of Bonhoeffer’s thought for a number of contemporary concerns: hermeneutic theory, the theological interpretation of the Bible, the relation of reason to faith, the importance of natural law, and the significance of religion for secular societies. Bonhoeffer turns out to be a Christian humanist and a modern theologian who models the deeply orthodox and yet ecumenical, expansive Christianity demanded by our time.


Author(s):  
Christopher Adair-Toteff

Abstract 1915 ist Ernst Troeltsch nach Berlin gezogen, wo er Professor für Philosophie wurde. Sein Wechsel aus der Heidelberger Theologischen Fakultät in die Philosophische Fakultät der Berliner Universität und sein zunehmendes Interesse am Historismus hat ihn nicht daran gehindert, theologische Studien fortzuführen. Ein Ergebnis dieser Studien war eine noch in Heidelberg geschriebene detaillierte Untersuchung über Augustins Theologie und im besonderen über De Civitate Dei. Troeltsch hat diese Studie unternommen, um zum einen eine Lücke in seinen Soziallehren der christlichen Kirchen und Gruppen zu füllen und zum anderen wegen seinem zunehmenden Interesse an Augustins Philosophie. Das Ergebnis dieser Untersuchung ist Troeltschs Buch Augustin, die christliche Antike und das Mittelalter. Dieses Buch ist aus vielen Gründen ein bemerkenswertes Werk, unter anderem, weil es eine objektive und eine prägnante Untersuchung über Ethik und Naturgesetz darstellt. Troeltschs Buch über Augustin ist sehr wichtig zu untersuchen, aber genauso wichtig ist der Prozess, der ihn dazu geführt, es zu schreiben. Dabei handelt es sich um mehrere Rezensionen, die Troeltsch über Bücher zu Augustins Theologie, Ethik und politischer Philosophie geschrieben hat. Indem wir Troeltschs Rezensionen und sein Buch Augustin studieren, lernen wir nicht nur, was in seiner Sicht besonders wertvoll sei in den Schriften des großen Kirchenvaters, sondern wir lernen auch Troeltschs eigenes Denken zu Ethik, Geschichte und sogar Politik besser kennen. By 1915 Ernst Troeltsch had moved to Berlin where he became professor of philosophy. His move from the Faculty of Theology to philosophy and his increasing concern with historicism did not hinder him from continuing with his theological studies. One of the results of these studies was his detailed investigation of Augustine’s theology and he focused specifically on de Civitate Dei. Troeltsch undertook this study partially to rectify an omission in his Soziallehren der christlichen Kirchen und Gruppen and partially because of his increasing interest in Augustine’s philosophy. The result of this study was Troeltsch’s book Augustin, die christliche Antike und das Mittelalter. This is a remarkable work for many reasons, including that it was an objective and appreciative investigations on ethics and natural law – and it was written by a prominent Protestant theologian. However, this book has been mostly neglected which is unfortunate. Troeltsch’s book on Augustine is well-worth exploring but so is the process which led him to write it. That entails consulting the numerous reviews that Troeltsch wrote about a number of books devoted to certain aspects of Augustine’s theology, ethics, and political philosophy. By studying Troeltsch’s book reviews and his Augustin, we not only learn what Troeltsch regarded as so valuable in the writings of this particular Church Father, but we also learn about Troeltsch’s own thinking about ethics, history, and even politics.


2021 ◽  
pp. 136843102098541
Author(s):  
Krzysztof Kędziora

The debate between Jürgen Habermas and John Rawls concerns the question of how to do political philosophy under conditions of cultural pluralism, if the aim of political philosophy is to uncover the normative foundation of a modern liberal democracy. Rawls’s political liberalism tries to bypass the problem of pluralism, using the intellectual device of the veil of ignorance, and yet paradoxically at the same time it treats it as something given and as an arbiter of justification within the political conception of justice. Habermas argues that Rawls not only incorrectly operationalizes the moral point of view from which we discern what is just but also fails to capture the specificity of democracy which is given by internal relations between politics and law. This deprives Rawls’s political philosophy of the conceptual tools needed to articulate the normative foundation of democracy.


2020 ◽  
Vol 2019 (4) ◽  
pp. 277-294
Author(s):  
Yong Huang

AbstractIt has been widely observed that virtue ethics, regarded as an ethics of the ancient, in contrast to deontology and consequentialism, seen as an ethics of the modern (Larmore 1996: 19–23), is experiencing an impressive revival and is becoming a strong rival to utilitarianism and deontology in the English-speaking world in the last a few decades. Despite this, it has been perceived as having an obvious weakness in comparison with its two major rivals. While both utilitarianism and deontology can at the same time serve as an ethical theory, providing guidance for individual persons and a political philosophy, offering ways to structure social institutions, virtue ethics, as it is concerned with character traits of individual persons, seems to be ill-equipped to be politically useful. In recent years, some attempts have been made to develop the so-called virtue politics, but most of them, including my own (see Huang 2014: Chapter 5), are limited to arguing for the perfectionist view that the state has the obligation to do things to help its members develop their virtues, and so the focus is still on the character traits of individual persons. However important those attempts are, such a notion of virtue politics is clearly too narrow, unless one thinks that the only job the state is supposed to do is to cultivate its people’s virtues. Yet obviously the government has many other jobs to do such as making laws and social policies, many if not most of which are not for the purpose of making people virtuous. The question is then in what sense such laws and social policies are moral in general and just in particular. Utilitarianism and deontology have their ready answers in the light of utility or moral principles respectively. Can virtue ethics provide its own answer? This paper attempts to argue for an affirmative answer to this question from the Confucian point of view, as represented by Mencius. It does so with a focus on the virtue of justice, as it is a central concept in both virtue ethics and political philosophy.


Author(s):  
Alessandra Silveira ◽  
José Gomes André ◽  

This paper includes the exam of a Ph.D thesis about James Madison’s political philosophy, as well as the answers presented by the candidate to several criticai observations. Various themes are considered, though always surrounding Madison’s work: the peculiar characteristics of his federalism, the relationship between the idea of human nature and the elaboration of political models, the political and constitutional controversies that Madison entangled with several figures from its time (namely Alexander Hamilton), the problem of “judicial review” and the place of “constitutionality control” taken from a reflexive and institutional point of view, and other similar themes.


Kant Yearbook ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 49-71
Author(s):  
Mike L. Gregory

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.


2020 ◽  
Vol 27 (2) ◽  
pp. 355-368
Author(s):  
Waled Younes E. Alazzabi ◽  
Hasri Mustafa ◽  
Ahmed Razman Abdul Latiff

Purpose The purpose of this paper is to explore and provide insights into corruption and the control procedures from an Islamic perspective. Design/methodology/approach This paper adopts qualitative research approach using the holy Quran as a primary source and hadith of the Prophet Mohammed supported by the anecdotes of his companions as a secondary source and prior literature. Findings This paper offers an Islamic taxonomy of corruption that contains economic, managerial, financial, political, environmental, social and ethical corruption which is explicitly prohibited because of their consequence on societies. Islam establishes proactive, preventive, detecting and reactive procedures to control corruption and prescribes how to avoid its harmful consequences. The paper also reveals significant concepts in relation to individuals’ qualities that if taken care of, better chances to reduce corruption and better living conditions can be accomplished. Research limitations/implications The paper recommends means to the business community through providing managerial and practical procedures which can be used for limiting corruption effectively. However, this piece of work provides further explanations on corruption to improve our understanding on such a phenomenon and contributes to the literature from the perspective of Islam point of view. Originality/value The paper contributes to the debate on corruption, human, religion and control from an Islamic point of view, which is lacking. This paper finds evidence that loss of belief is a situational factor that leads to corrupt acts. Also, moral teaching in early ages is necessary for inner and self-control. Moral renovation is an influential factor that keeps individuals motivated and refrain from indulging into corrupt acts.


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