scholarly journals Locke’s ‘Liberal’ Natural Law

KÜLÖNBSÉG ◽  
2016 ◽  
Vol 17 (1) ◽  
Author(s):  
János Lehr

Since the middle of the twentieth century interpretations of Locke’s political philosophy have aimed at finding out whether there is a connection between his “An essay concerning human understanding” and his two “Treatise(s) of Civil Government.” When his tenets about natural law are analysed, the two different interpretations are usually expanded by a need to choose between intellectualism and voluntarism. Both approaches investigate how man learns and obeys natural law that governs human behaviour and social life. The first part of the paper introduces the connection between natural law and the negation of innate ideas, the second part surveys types of natural law and their specific actual variations. Finally, internal ambiguities of previous interpretive approaches are revealed.

Dialogue ◽  
1980 ◽  
Vol 19 (4) ◽  
pp. 531-545 ◽  
Author(s):  
S.B. Drury

In the seventeenth century, the concept of natural law was linked with that of “innate ideas”. Natural laws were said to be ideas imprinted by nature or by God on men's minds and were the very foundation of religion and morality. Locke's attack on innate ideas in the first book of his Essay Concerning Human Understanding is therefore considered to be an assault on natural law. Modern critics like Peter Laslett, W. von Leyden and Philip Abrams are of the opinion that Locke's critique of innate ideas in the Essay cannot be reconciled with the concept of natural law in the Two Treatises of Government.


2014 ◽  
Vol 18 (1-2) ◽  
pp. 69-100 ◽  
Author(s):  
Daniel Carey

Abstract John Locke’s philosophical engagement with the phenomenon of the ritual suicide of the sati—the Hindu wife who self-immolated following her husband’s death—has escaped attention from scholars despite substantial critical interest in early modern European reflection on this cultural and religious tradition by travelers and commentators. Locke cited the practice in early manuscripts in which he formulated his position on natural law and innateness. Against the view that general consent provided a foundation for natural law he drew attention to sati as evidence against self-preservation as a universally shared belief. He again referred to sati when he attacked the notion of innate moral principles in 1671. However, sati remained a problem for Locke, and this essay investigates why he dropped it from his repertoire of examples in his published work, especially An Essay concerning Human Understanding (1690). I trace this decision to Locke’s need to preserve hedonism as a principle of motivation; his divergent anthropologies in the Essay and in the Two Treatises of Government; and finally to the influence of his reading of François Bernier and Abraham Roger, which led him to draw sati into an alternative anthropology of religious enthusiasm.


2000 ◽  
Vol 2 (1) ◽  
pp. 107-123 ◽  
Author(s):  
Muzaffar Iqbal

This article attempts to present a comparative study of the role of two twentieth-century English translations of the Qur'an: cAbdullah Yūsuf cAlī's The Meaning of the Glorious Qur'ān and Muḥammad Asad's The Message of the Qur'ān. No two men could have been more different in their background, social and political milieu and life experiences than Yūsuf cAlī and Asad. Yūsuf 'Alī was born and raised in British India and had a brilliant but traditional middle-class academic career. Asad traversed a vast cultural and geographical terrain: from a highly-disciplined childhood in Europe to the deserts of Arabia. Both men lived ‘intensely’ and with deep spiritual yearning. At some time in each of their lives they decided to embark upon the translation of the Qur'an. Their efforts have provided us with two incredibly rich monumental works, which both reflect their own unique approaches and the effects of the times and circumstances in which they lived. A comparative study of these two translations can provide rich insights into the exegesis and the phenomenon of human understanding of the divine text.


Author(s):  
Oren Izenberg

This book offers a new way to understand the divisions that organize twentieth-century poetry. It argues that the most important conflict is not between styles or aesthetic politics, but between poets who seek to preserve or produce the incommensurable particularity of experience by making powerful objects, and poets whose radical commitment to abstract personhood seems altogether incompatible with experience—and with poems. Reading across the apparent gulf that separates traditional and avant-garde poets, the book reveals the common philosophical urgency that lies behind diverse forms of poetic difficulty—from William Butler Yeats's esoteric symbolism and George Oppen's minimalism and silence to Frank O'Hara's joyful slightness and the Language poets' rejection of traditional aesthetic satisfactions. For these poets, what begins as a practical question about the conduct of literary life—what distinguishes a poet or group of poets?—ends up as an ontological inquiry about social life: What is a person and how is a community possible? In the face of the violence and dislocation of the twentieth century, these poets resist their will to mastery, shy away from the sensual richness of their strongest work, and undermine the particularity of their imaginative and moral visions—all in an effort to allow personhood itself to emerge as an undeniable fact making an unrefusable claim.


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):  
Lisa Herzog

The Introduction sets out the problem this book addresses: organizations, in which individuals seem to be nothing but ‘cogs’, have become extremely powerful, while being apparently immune to moral criticism. Organizations—from public bureaucracies to universities, police departments, and private corporations—have specific features that they share qua organizations. They need to be opened up for normative theorizing, rather than treated as ‘black boxes’ or as elements of a ‘system’ in which moral questions have no place. The Introduction describes ‘social philosophy’ as an approach that addresses questions at the meso-level of social life, and situates it in relation to several strands of literature in moral and political philosophy. It concludes by providing a preview of the chapters of the book.


2021 ◽  
Vol 34 (1) ◽  
pp. 171-202
Author(s):  
Brian Z. Tamanaha

A century ago the pragmatists called for reconstruction in philosophy. Philosophy at the time was occupied with conceptual analysis, abstractions, a priori analysis, and the pursuit of necessary, universal truths. Pragmatists argued that philosophy instead should center on the pressing problems of the day, which requires theorists to pay attention to social complexity, variation, change, power, consequences, and other concrete aspects of social life. The parallels between philosophy then and jurisprudence today are striking, as I show, calling for a pragmatism-informed theory of law within contemporary jurisprudence. In the wake of H.L.A. Hart’s mid-century turn to conceptual analysis, “during the course of the twentieth century, the boundaries of jurisprudential inquiry were progressively narrowed.”1 Jurisprudence today is dominated by legal philosophers engaged in conceptual analysis built on intuitions, seeking to identify essential features and timeless truths about law. In the pursuit of these objectives, they detach law from its social and historical moorings, they ignore variation and change, they drastically reduce law to a singular phenomenon—like a coercive planning system for difficult moral problems2—and they deny that coercive force is a universal feature of law, among other ways in which they depart from the reality of law; a few prominent jurisprudents even proffer arguments that invoke aliens or societies of angels.


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.


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