Naturrecht und Gebot

2010 ◽  
Vol 54 (1) ◽  
pp. 9-23
Author(s):  
Christofer Frey

Abstract This interpretation of the conditions of the reception of the Decalogue in medieval Christianity and the Reformation period supports the hypothesis that the leading perspectives of ethics are formed by basic assumptions of the reality of human life. This hypothesis is contrary to G.E. Moore’s socalled ›naturalistic fallacy‹, because the ›natural law‹ as an important basic assumption implies a view of nature different from modern times. It is either founded in the eternal divine law (Thomas Aquinas) or in a flexible conception close to history and change (supported by Luther). The Melanchthonian conception, however, relies more or less on a nonhistoric view which implies the notion of human dignity combined with the construction of practical principles appealing to all human persons. In contrast to the Anglosaxon mainstream of ethical thought we find here first indicators of an ethics which combines a transcendental (›transzendental‹ in the Kantian sense) foundation and an examination of everyday’s norms. Thus the Decalogue inspires the search for the conceptions of reality in the background of norms.

2009 ◽  
Vol 58 (2) ◽  
Author(s):  
Adriano Pessina

La Dichiarazione universale dei Diritti dell’uomo del 1948 dell’ ONU ha posto in termini politici, e non soltanto filosofici o religiosi, al centro stesso della logica della cittadinanza l’affermazione della dignità umana e della libertà come qualità innate e non acquisite. Affermare che tutti gli uomini nascono liberi ed eguali in dignità significa affermare di fatto che la dignità è un attributo ontologico, una qualità intrinseca (e quindi inalienabile) dell’essere umano, al di là di differenze di sesso, di salute, di stato sociale. L’uso della nozione di persona come sinonimo delle qualità dell’adulto rischia di frantumare questo guadagno della politica. La biopolitica liberale rischia di essere fonte di discriminazioni tra gli uomini quando adotta un concetto di persona distinto da quello di essere umano. In essa rivive il dualismo antropologico proprio del platonismo. Le tesi di Hannah Arendt, di Eva Kittay e di Martha Nussabaum ci permettono di evidenziare i caratteri della persona umana sia come soggetto sia come essere corporeo diveniente nel tempo, secondo quell’intuizione che fu propria di Tommaso d’Aquino. Se si torna a pensare alla persona umana come essere umano diveniente nel tempo, è possibile salvaguardare i diritti di tutti e in particolare difendere quelle fasi della vita umana in cui la persona umana è esposta, per le fasi dello sviluppo o per la malattia, alla dipendenza. Solo così si può pensare ad una giustizia che includa tutti e tutte le fasi dell’esistenza, anche quelle segnate dalla disabilità. ---------- The United Nations Universal declaration of human rights (1948) has centred the assertion of human dignity and freedom as innate (not acquired) qualities in the logic of citizenship itself; this claim has been made not only in philosophical and religious terms, but also in political terms. Affirming that all men born free and equal for what concerns their dignity means to affirm actually that dignity is an ontological attribute, an intrinsic quality (and therefore inalienable) of the human being, beyond sex, health and social standing differences. The use of the notion of person as synonym of the qualities of adult risks to crush this gain of politics. The liberal biopolitics risks to be a source of discriminations among men when it adopts a concept of person different from that of human being. According to this view, the anthropological dualism peculiar to the Platonism lives again. Hannah Arendt, Evas Kittay and Martha Nussabaum’s thesis allow us to underline the human person characteristics as both subject and bodily being, according to the Thomas Aquinas’ intuition. If we think again human person as human being, it is possible to safeguard the everybody rights and particularly to defend those phases of human life in which human person is exposed, for the phases of the development or for the illness, to the dependence. Only in this way justice could be thought including all and all the phases of the existence, also those marked by disability.


Author(s):  
Ihsan Sanusi

This article in principle wants to examine the history of the emergence of the conflict of Islamic revival in Minangkabau starting from the Paderi Movement to the Youth in Minangkabau. Especially in the initial period, namely the Padri movement, there was a tragedy of violence (radicalism) that accompanied it. This study becomes important, because after all the reformation of Islam began to be realized by reforming human life in the world. Both in terms of thought with the effort to restore the correct understanding of religion as it should, from the side of the practice of religion, namely by reforming deviant practices and adapted to the instructions of the religious texts (al-Qur'an and sunnah), and also from the side of strengthening power religion. In this case the research will be directed to the efforts of renewal by the Padri to the Youth towards the Islamic community in Minangkabau. To discuss this problem used historical research methods. Through this method, it is tested and analyzed critically the records and relics of the past. In analyzing the data in this research basically used approach or interactive analysis model by Miles and Huberman. In this analysis model, the three components of the analysis are data reduction, data presentation, and conclusion drawing or verification, the activity is carried out in an interactive form with the process of collecting data as a process that continues, repeats, and continues to form acycle.


2016 ◽  
Vol 8 (3) ◽  
pp. 75-92
Author(s):  
Christian Schröer

An act-theoretical view on the profile of responsibility discourse shows in what sense not only all kinds of technical, pragmatic and moral reason, but also all kinds of religious motivation cannot justify a human action sufficiently without acknowledgment to three basic principles of human autonomy as supreme limiting conditions that are human dignity, sense, and justifiability. According to Thomas Aquinas human beings ultimately owe their moral autonomy to a divine creator. So this autonomy can be considered as an expression of secondary-cause autonomy and as the voice of God in the enlightened conscience.


Author(s):  
Hanoch Dagan ◽  
Ohad Somech

Modern contract law accords considerable significance to the basic assumptions on which a contract is made. It thus takes to heart a failure of a belief whose truthfulness is taken for granted by both parties. Where the failure results from the parties’ mistake at the time of formation, “the contract is voidable by the adversely affected party,” if that mistake “has a material effect on the agreed exchange of performances” and unless that party “bears the risk of the mistake.”1 Where, in turn, the failure of such a basic assumption results from the parties’ erroneous beliefs about future states of the world, a party’s duty to render performance may be discharged if they are not responsible for the supervening impracticability or frustration and “unless the language or the circumstances indicate the contrary.”2


Author(s):  
Christopher Boyd Brown

Aural culture, including music, was central to Protestant efforts to redefine authentic Christianity and Christian practice. Inheriting from medieval Christianity both a rich musical tradition and anxiety over the spiritual value of sound, Reformers sought to delimit and deploy music as means and mark of the spread of the Reformation and to employ it in their institutions: in churches and schools as well as in homes. Across confessional boundaries, but in ways distinct to each, the practice of music served to define confessional identity and to bridge or to separate public and private spaces, the sacred and the secular or profane. Despite significant differences in content and context, for the large majority of sixteenth-century Protestants (and in the eyes of their theological opponents), communal singing of hymns (chorales) or metrical psalms became a defining and enduring feature of Protestant identity.


2012 ◽  
Vol 14 ◽  
pp. 165-178 ◽  
Author(s):  
Rafał Wonicki
Keyword(s):  

The author dwells on the concept of hospitality which has been replaced in our era by that of tolerance. The author introduces us to contemporary attitudes to the latter and points to its problematic nature, the counterpoint to which is the former. A description of changes in the understanding of hospitality is provided, ranging from antiquity, via the Englightenment, to modern times, with references to Kant and Derrida. Besides this, he compares the differences and similarities between the concepts of tolerance and hospitality, suggesting that it is the latter which is useful when describing a globalised and cosmopolitical world, as well as positing that the concept of hospitality can be translated into the practices of human life.


2020 ◽  
Vol 72 (2) ◽  
pp. 386-391
Author(s):  
A. Ongarbaeva ◽  
◽  
G. Karimova ◽  

The article discusses the synergistic approach of the spiritual heritage based on the works of the great poet AbayKunanbayev. The young generation should know its origins, what principles our people adhered to in the upbringing of the younger generation. Even now in modern times we find philosophical meaning in the works and sayings of Abay The author focuses on the fact that Abay's work has enriched the history of the people and, at the same time, the universal culture with new values. These values were kept by the people because they embodied the highest achievements of the people's spiritual wealth, which contributed to the flourishing of its advanced culture. Abay's works have been translated into many languages, and his work is widely acclaimed by foreign writers, poets and literary critics. In modern Kazakhstan, in the context of the globalization of the world, the call of the great Abai to learn from all peoples is relevant, while preserving its own face, national and human dignity, multiplying the number of friends, strengthening friendship with the whole world.


Adam alemi ◽  
2021 ◽  
Vol 90 (4) ◽  
pp. 3-10
Author(s):  
Dina Kazantseva ◽  

The essence of personality potential is one of the important characteristics of understanding a person as an integral being, creating an individual space of personal aspirations and values. The origins of the problem under consideration in various forms are present in the philosophical reflections of many researchers and have a long history. Even Socrates, Plotinus, Cicero, Thomas Aquinas drew attention to the deep foundations and spiritual essence of man, to the presence of virtues in a state of potential stagnation, to the need for their development in order to achieve the ideal of perfection. N. Kuzansky, S. L. Frank, P. I. Tillich noted the presence of latent force unfolding in time in living beings, the rejection of the self and introduction into something higher, the correlation of the divine and the human, the interconnection of things and events, etc. The modern world actualizes the solution to the problem, creating conditions for a deeper understanding of the potential, consideration of its integrity and the essential foundations of maximum realization. The crisis in all spheres of human life, economic, political, social, requires a quantum leap in understanding the potential and building, on the basis of modern studies of the phenomenon, new projects for transforming reality. In this regard, understanding the historical aspect of studying the logic of the genesis of potential makes an invaluable contribution to solving this problem. Understanding the depth of philosophical thought in a historical retrospective about the origin, emergence and existence of potential will allow you to connect the past and the present, as well as qualitatively advance into the future.


Author(s):  
William Schweiker

This chapter explores the importance of moral responsibility in Reinhold Niebuhr’s thought, which in turn allows the reader to interpret his work within the wider compass of Christian humanism. While Niebuhr’s ethics never showcased the concept of responsibility in the way other thinkers did during his time, he nevertheless insisted that the moral capability of responsibility is basic to human dignity. Utilizing the distinction Max Weber made between two forms of ethics, the chapter suggests that moral responsibility constitutes the ‘form’, rather than the ‘norm’, of Niebuhr’s anthropological project. Niebuhr’s project can be seen as an attempt to retrieve the lost insights of the Reformation regarding sin and grace within the historical condition of modern life initiated by the Renaissance. This orientation in Niebuhr’s work bears some of the features of Christian humanism. The final section discusses how Niebuhr’s theological and ethical vision can contribute to Christian thinking in our time.


Author(s):  
Christopher Brooke

This chapter tracks the changing fortunes of a fundamental opposition between more Stoic and more Augustinian perspectives on human life, showing that as the seventeenth century gave way to the eighteenth, the patterns of Augustinian anti-Stoicism had often found expression in a more secular, Epicurean register. What Jean-Jacques Rousseau attempts, more strenuously than any other thinker of the period, is an extraordinary synthesis of Epicurean, Augustinian, and Stoic argumentative currents. In common with the modern Epicureans, Rousseau uses claims about self-love to illuminate all areas of human behaviour in modern times. But by presenting that self-love as inflamed amour-propre, Rousseau tilts sharply towards the more critical Augustinians than towards those Epicurean writers who were making their apology for commercial society.


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