scholarly journals The Role of Natural Law in Gandhi's Social Utopia

2014 ◽  
Author(s):  
Monika Kirloskar-Steinbach
Keyword(s):  
Natural Law ◽  
Social Utopia

scholarly journals God, New Natural Law Theory, and Human Rights

Religions ◽  
2021 ◽  
Vol 12 (8) ◽  
pp. 613
Author(s):  
Christopher Tollefsen
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Two Dimensions ◽  
Natural Rights ◽  
Creative Activity ◽  
Adequate Account ◽  
Full Theory ◽  
Natural Law Theory ◽  
Epistemological Dimension

Critics of the “New” Natural Law (NNL) theory have raised questions about the role of the divine in that theory. This paper considers that role in regard to its account of human rights: can the NNL account of human rights be sustained without a more or less explicit advertence to “the question of God’s existence or nature or will”? It might seem that Finnis’s “elaborate sketch” includes a full theory of human rights even prior to the introduction of his reflections on the divine in the concluding chapter of Natural Law and Natural Rights. But in this essay, I argue that an adequate account of human rights cannot, in fact, be sustained without some role for God’s creative activity in two dimensions, the ontological and the motivational. These dimensions must be distinguished from the epistemological dimension of human rights, that is, the question of whether epistemological access to truths about human rights is possible without reference to God’s existence, nature, or will. The NNL view is that such access is possible. However, I will argue, the epistemological cannot be entirely cabined off from the relevant ontological and motivational issues and the NNL framework can accommodate this fact without difficulty.

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.

Freedom in Religion, Freedom in the State

2020 ◽  
pp. 1-44
Author(s):  
Mirjam Künkler
Keyword(s):  
Natural Law ◽  
Catholic Church ◽  
Religious Freedom ◽  
The State ◽  
Intellectual Biography ◽  
Second Vatican Council ◽  
Vatican Council ◽  
Role Of Religion

This article provides an overview of Böckenförde’s writings on issues of religion, ethos, and the Catholic Church in relation to law, democracy, and the state. It presents Böckenförde as an inner-Catholic critic, who attempted to persuade Catholicism that one’s own freedom can be defended only as part of the general freedom. This was finally achieved, at least dogmatically according to Böckenförde, with the Declaration of Religious Freedom at the end of the Second Vatican Council. The article lays out how Böckenförde sees the role of religion and natural law in secular democracy, namely as one informing the citizens’ ethos. Democracy cannot survive in the long term unless it is carried out by people who consider themselves part of the same demos and work towards a shared democratic culture. The article includes information on his intellectual biography, a periodization of his academic writings in seven phases from 1957 to 2012, a discussion of some of his core arguments as an inner-Catholic critic, a reflection on the cover images he chose for the two volumes, and closes with concluding remarks on Böckenförde’s view of religion in democracy compared to other theorists of democracy and secularism.

Laws, Liberties, and the Will of the People

2021 ◽  
pp. 155-177
Author(s):  
Sarah Mortimer
Keyword(s):  
The Netherlands ◽  
Natural Law ◽  
Popular Sovereignty ◽  
The Political ◽  
Dutch Revolt ◽  
Development Of Resistance ◽  
The People ◽  
The Will ◽  
Role Of Religion

From the 1560s, tensions between Protestant and Catholics escalated and this was accompanied by a wave of writing on political and religious ideas, especially in France and the Netherlands. There was a renewed interest in the nature and origins of authority within the political sphere, particularly the importance of the ‘people’ and the ways in which their will could be both represented and controlled. This chapter considers some of the key texts of resistance theory written in the 1560s and 1570s, including Francogallia and the Vindiciae, Contra Tyrannos in France, and George Buchanan’s De Jure Regni apud Scotos in Scotland. Discussions of liberty and privileges in the Netherlands during the Dutch Revolt are also considered; here historically based arguments began to be supplemented by appeals to wider principles of morality and natural law. The election of Henry of Valois to the Polish throne provides one example of elective monarchy in practice. This chapter discusses the role of religion and of legal arguments in the development of resistance theories. It also highlights some of the practical and conceptual difficulties in appealing to popular sovereignty, especially in a period of deep confessional divisions, and shows how the authority of magistrates could be understood in different ways.

2. Natural law and morality

2020 ◽  
pp. 20-73
Author(s):  
Raymond Wacks
Keyword(s):  
Political Philosophy ◽  
Natural Law ◽  
Moral Realism ◽  
Moral Dilemmas ◽  
Thomas Aquinas ◽  
The Subject ◽  
Natural Law Theory ◽  
Law And Morality ◽  
The Relationship

This chapter discusses the relationship between the ancient classical theory of natural law and its application to contemporary moral questions. It considers the role of natural law in political philosophy, the decline of the theory of natural law, and its revival in the twentieth century. The principal focus is on John Finnis’s natural law theory based largely on the works of St Thomas Aquinas. The chapter posits a distinction between ‘hard’ and ‘soft’ natural law, examines the notion of moral realism, and examines the tension between law and morality; and the subject of the moral dilemmas facing judges in unjust societies.

Ciceronian international society

2019 ◽  
pp. 175508821989578
Author(s):  
Stephen Patrick Sims
Keyword(s):  
International Relations ◽  
International Law ◽  
International Society ◽  
Natural Law ◽  
Political Thought ◽  
Valuable Resource ◽  
Future Thinking ◽  
International Theory ◽  
Political Thinker

This article explores what Cicero as a political thinker can offer to the study of international relations. Although previous readings of Cicero have emphasized his Stoic influences and his natural law teaching as the basis of a cosmopolitan world society, I emphasize the way in which Cicero can deepen the concept of international society. International society relies on certain norms and institutions to function properly, such as international law, sovereignty, and the use of war to restrain violence and redress injustice. We find all these concepts articulated clearly in Cicero’s moral and political thought. Cicero also shows the limits of these institutions and norms, explaining why none of them is absolute. Finally, Cicero adds to our theorizing about international society by drawing attention to the role of honor, ruling, and inequality in international society. As such, classical political thought, and Cicero’s in particular, provide a valuable resource for future thinking about international theory.

“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.”

Part II Approaches, Ch.14 Natural Law in International Legal Theory: Linear and Dialectical Presentations

2016 ◽  
Author(s):  
Gordon Geoff
Keyword(s):  
Early Modern ◽  
International Law ◽  
Natural Law ◽  
Legal Theory ◽  
Early Modern Period ◽  
Time Frame ◽  
Political Organization ◽  
Modern Period

This chapter presents an overview of three active periods of natural law scholarship bearing on international legal theory, via two stories that illustrate these to effect. The first story relates in brief the renewed attention to natural law doctrine as part of historiographical and epistemological inquiries in international law and legal theory. The second presents still another means of understanding natural law and its ongoing role in international law, namely as a dialectic by which new conceptions and vocabularies of political organization have arisen under varying historical circumstances. The chapter then traces the role of natural law doctrine as part of a linear consolidation of liberal hegemony internationally from the early modern period forward, and offers the dialectical presentation covering the same time frame. The chapter concludes by returning to how natural law continues to contribute both to the possibility of new normative programs internationally, as well as the hegemonic.

The National-Socialist Campaign Against Natural Law

2017 ◽  
Author(s):  
Ernst Fraenkel
Keyword(s):  
Natural Law ◽  
National Socialism ◽  
National Socialist ◽  
Historical Significance ◽  
Christian Religion ◽  
National Socialists ◽  
Religious Elements

This chapter looks in detail at the rejection by the National-Socialists of Natural Law. The flat rejection of the rationalist traditions of Natural Law resulted in a conflict between National-Socialism and the advocates of Natural Law traditions. The chapter looks at the two opposing groups to try to fathom the historical significance of the National-Socialist attitudes toward Natural Law. In order to do this, it is stated, an examination of the role of religious elements in Natural Law is essential. However, it is argued, the religious elements are not the only consideration. While it is true that the Christian religion is both historically and doctrinally bound to Natural Law, rationalistic Natural Law is not necessarily dependent on the Christian notions with which it has often been associated. Both sides are discussed in detail.

Religie en zingeving in een democratische samenleving. Van dominantie naar dialoog

2010 ◽  
Vol 64 (2) ◽  
pp. 161-171
Author(s):  
Gijs Dingemans
Keyword(s):  
Natural Law ◽  
Special Issue ◽  
World Views ◽  
The World ◽  
Contractual Agreement

In this response to the contributions in this special issue dedicated to his latest book In vredesnaam, Gijs Dingemans first indicates several major recent changes in the world views of western societies. Next, he indicates how the role of churches and religions has changed over the last 25 years, from ‘dominance’ to ‘dialogue’. Finally, he analyzes how a theological position that puts the concept of the covenant central stage can embark on a fruitful dialogue with our present-day society whose intellectual under-pinnings must be seen in theories of a contractual agreement of free individuals rather than in outdated theories of a natural law.

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