scholarly journals O legislador entre “felicidade pública” e “máxima felicidade”: contribuição à história da filosofia jurídica às vésperas da era dos direitos

2019 ◽  
Vol 1 (41) ◽  
Author(s):  
Alexander Rodrigues de Castro
Keyword(s):  
Eighteenth Century ◽  
Intellectual History ◽  
Fundamental Rights ◽  
The Public ◽  
Legal Thought ◽  
The Enlightenment ◽  
Public Happiness ◽  
History Of ◽  
History Of Law ◽  
Cesare Beccaria

RESUMOO presente trabalho é um estudo de história intelectual do direito e tem como objetivo descrever a evolução de alguns tópicos do pensamento jurídico-político setecentista. Na teoria política pró-absolutista do século XVIII, um dos tópicos mais importantes foi a figura do legislador, que aparece já no começo do século no âmbito do discurso da felicidade pública. Posteriormente, o tema volta a ser elaborado pela incipiente filosofia utilitarista que se desenvolvia ainda dentro do iluminismo com Claude-Adrien Helvétius e Cesare Beccaria. De tal forma, o tema do legislador contribuiu de forma decisiva para a transição à segunda modernidade no âmbito do pensamento jurídico, fundamentando a hegemonia da lei sobre as outras fontes de direito e facilitando a emergência dos direitos – direitos humanos, direitos fundamentais, direitos da personalidade – como centro da ordem jurídica. Procuramos seguir este itinerário, demonstrando como a questão do legislador e os temas a ele conectados vão sendo reelaborados ao longo do desenvolvimento do pensamento político setecentista. Demonstramos, assim, que no âmbito de uma fundamentação teórica do absolutismo monárquico, que se inicia com a metamorfose na compreensão do papel da coroa com relação à sociedade, o tema do legislador converte-se em pedra angular de algumas importantes tendências do pensamento jurídico moderno. Utilizamos os métodos propostos pela história conceitual.PALAVRAS-CHAVEHistória do pensamento jurídico. Legislador. Utilitarismo. Máxima felicidade. ABSTRACTThe present work is a study on the intellectual history of law and aims to describe the evolution of some topics of eighteenth-century legal-political thinking. In the eighteenth-century pro-absolutist political theory, one of the most important subjects of debate was the legislator, which appears already at the beginning of the century in the “public happiness” discourse. Subsequently, it continued to be discussed by the incipient utilitarian philosophy that started being developed within the Enlightenment with Claude-Adrien Helvétius and Cesare Beccaria. The debate on the legislator contributed decisively to the transition to the second modernity in the field of legal thought, laying the foundations for the hegemony of statutory law over other sources of law and facilitating the emergence of rights – human rights, fundamental rights, personality rights – as the center of the legal order. We seek to follow this itinerary, demonstrating how the legislator question evolved throughout the eighteenth-century political thought. We thus intend to demonstrate that within the framework of a theoretical justification for monarchical absolutism, the legislator subject became the cornerstone of some important trends in modern legal thought. We use the methods proposed by conceptual history.KEYWORDSHistory of legal thought. Legislator. Utilitarianism. Greatest happiness.

Projecting the Enlightenment

2012 ◽  
Author(s):  
Robert Wokler ◽  
Christopher Brooke
Keyword(s):  
Eighteenth Century ◽  
Intellectual History ◽  
Intellectual Tradition ◽  
The Enlightenment ◽  
Enlightenment Project ◽  
History Of

This chapter retraces Alasdair MacIntyre's own construal of the Enlightenment Project's trajectory in order to show how his interpretation of an intellectual tradition depends above all on his assessment of its impact. It argues that MacIntyre's Enlightenment Project is largely unreconstructed, unredeemed, and undiminished in its failure, even after substantial embellishment. His three principal works comprise an extraordinary indictment of the theoretical and practical legacy of eighteenth-century philosophy. His account projects the Enlightenment's implications and influence as they stem from its aims. He holds it to blame for some of the most sinister aspects of a morally vacuous civilization, cursed by the malediction of unlicenced Reason. His intellectual history of the period forms one of the mainsprings of his own philosophy.

Intellectual Change before the Enlightenment: Scotland, the Netherlands and the Reception of Cartesian Thought, 1650–1700

2015 ◽  
Vol 94 (1) ◽  
pp. 24-47 ◽  
Author(s):  
Alasdair Raffe
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
The Netherlands ◽  
Intellectual History ◽  
Dutch Republic ◽  
Intellectual Life ◽  
Scottish Enlightenment ◽  
The Enlightenment ◽  
History Of ◽  
United Provinces

This article argues that intellectual historians' fascination with a narrative of the emerging Scottish enlightenment has led to a neglect of ideas that did not shape enlightenment culture. As a contribution to a less teleological intellectual history of Scotland, the article examines the reception of the philosophy of René Descartes (1596–1650). Cartesian thought enjoyed a brief period of popularity from the 1670s to the 1690s but appeared outdated by the mid-eighteenth century. Debates about Cartesianism illustrate the ways in which late seventeenth-century Scottish intellectual life was conditioned by the rivalry between presbyterians and episcopalians, and by fears that new philosophy would undermine christianity. Moreover, the reception of Cartesian thought exemplifies intellectual connections between Scotland and the Netherlands. Not only did Descartes' philosophy win its first supporters in the United Provinces, but the Dutch Republic also provided the arguments employed by the main Scottish critics of Cartesianism. In this period the Netherlands was both a source of philosophical innovation and of conservative reaction to intellectual change.

WHAT WAS THE HISTORY OF THE BOOK? A RESPONSE

2007 ◽  
Vol 4 (3) ◽  
pp. 537-544 ◽  
Author(s):  
DAVID D. HALL
Keyword(s):  
Intellectual History ◽  
Literary History ◽  
Book History ◽  
History Of The Book ◽  
The Public ◽  
The Enlightenment ◽  
History Of ◽  
The Public Sphere ◽  
The Many ◽  
History Of Journalism

The history of the book is everywhere, so widely diffused that it merits comparison with the famously elusive Scarlet Pimpernel, whose pursuers sought him without success. Like that figure, book history passes among us in disguise, reluctant to reveal its presence even as it gains ever-greater recognition. In some quarters, it lurks within the domain of bibliography, a field of scholarship dedicated to describing the histories of printed texts and, in the service of this enterprise, concerned with the details of book-making. Elsewhere, book history installs itself within descriptions of libraries and education, sharing, with the first of these, a concern for how old books were accumulated and classified and, with the second, for the many ramifications of literacy and the fashioning of schoolbooks. Together with the history of journalism it studies how news was disseminated and ponders the significance of periodicals, be these newspapers or magazines. Political history has been another convenient site of disguise in the wake of efforts to connect the public sphere and concepts of nation with the emergence of print culture. And, of course, book history has enjoyed a long and fruitful kinship with literary history, a relationship freshly energized in recent decades as literary historians turned to describing the rise and remaking of a canon and to emphasizing the mediations that all texts undergo—the “sociology of texts,” to borrow a phrase made famous by D. F. McKenzie. To this list we can add the version of intellectual history that reconstructs the reading of a person or group and employs this data to generalize about the coming of the Enlightenment and similar formations.

Conclusion

2018 ◽  
Author(s):  
David Randall
Keyword(s):  
Public Opinion ◽  
Early Modern ◽  
Intellectual History ◽  
Fine Arts ◽  
James Madison ◽  
Modern Conception ◽  
Political World ◽  
The Enlightenment ◽  
History Of ◽  
Constitutional Thought

The changed conception of conversation that emerged by c.1700 was about to expand its scope enormously – to the broad culture of Enlightenment Europe, to the fine arts, to philosophy and into the broad political world, both via the conception of public opinion and via the constitutional thought of James Madison (1751–1836). In the Enlightenment, the early modern conception of conversation would expand into a whole wing of Enlightenment thought. The intellectual history of the heirs of Cicero and Petrarch would become the practice of millions and the constitutional architecture of a great republic....

‹ Rococo › : du jargon à la catégorie de style

2017 ◽  
Vol 80 (4) ◽  
pp. 474-487
Author(s):  
Marie-Pauline Martin
Keyword(s):  
Eighteenth Century ◽  
The Enlightenment ◽  
History Of ◽  
Louis Xvi ◽  
Definition Of ◽  
Louis Xv ◽  
Objective Existence

Abstract Today there is a consensus on the definition of the term ‘rococo’: it designates a style both particular and homogeneous, artistically related to the reigns of Louis XV and Louis XVI. But we must not forget that in its primitive formulations, the rococo has no objective existence. As a witty, sneering, and impertinent word, it can adapt itself to the most varied discourses and needs, far beyond references to the eighteenth century. Its malleability guarantees its sparkling success in different languages, but also its highly contradictory uses. By tracing the genealogy of the word ‘rococo’, this article will show that the association of the term with the century of Louis XV is a form of historical discrimination that still prevails widely in the history of the art of the Enlightenment.

A ‘milky mass’ and ‘uniform material’: white marble in eighteenth-century French discourses on sculpture and geology

2021 ◽  
Vol 30 (2) ◽  
pp. 215-225
Author(s):  
Marthe Kretzschmar
Keyword(s):  
Eighteenth Century ◽  
Grain Size ◽  
Denis Diderot ◽  
Art Theory ◽  
White Marble ◽  
The Enlightenment ◽  
The Earth ◽  
History Of ◽  
Interdisciplinary Network

Knowledge of the materiality of stone during the Enlightenment expanded following the exploration of mineralogical structure, to alter ideas about taxonomy and challenge the role of rocks in the history of the earth. Close studies of the material of marble sculpture generated expertise on grain size, surface varieties and stone deposits. This mode of reception became intertwined with contemporary controversies about the age of the earth. This article focuses on both French sculpture and geological discourses of the eighteenth century to reveal an international and interdisciplinary network centring on protagonists such as Denis Diderot, Paul-Henri Thiry d’Holbach and Étienne-Maurice Falconet; through these figures, debates can be connected concerning both geology and art theory. Within these contexts, the article discusses the translation processes between these artistic and geological interests.

Theodor Adorno, Paul Lazarsfeld, and the Public Interest Mandate of Early Communications Research, 1935–1941

2021 ◽  
Author(s):  
Josh Shepperd
Keyword(s):  
Intellectual History ◽  
Public Interest ◽  
Communication Theory ◽  
Rockefeller Foundation ◽  
The Public ◽  
Educational Broadcasting ◽  
Theodor Adorno ◽  
History Of ◽  
The Media ◽  
Noncommercial Media

Abstract Through detailed archival analysis of personal letters, this article examines how the “public interest” mandate of the Communications Act of 1934 inspired the formation of the Princeton Radio Research Project (PRRP), and influenced Paul Lazarsfeld’s development of two-step flows and media effects research. Buried in federal records, a post-Act Federal Communications Commission (FCC) Pursuant that mandated analysis of educational broadcasting additionally turns out to be the causative reason that Theodor Adorno was brought to America by the Rockefeller Foundation. Crucial to the intellectual history of media and communication theory, Lazarsfeld invited Adorno not only to develop techniques to inform educational music study, but to strategically formulate advocacy language for the media reform movement to help noncommercial media obtain frequency licenses. The limits and pressures exerted by the FCC Pursuant influenced the trajectory of the PRRP research, and consequently, the methodological investments of Communication Studies.

Transnational legal sites and democracy-building

2013 ◽  
Vol 39 (4-5) ◽  
pp. 471-486
Author(s):  
Seyla Benhabib
Keyword(s):  
Human Rights ◽  
Intellectual History ◽  
Fundamental Rights ◽  
International Human Rights ◽  
Uniform System ◽  
The Past ◽  
European Court ◽  
Human Rights Regime ◽  
History Of ◽  
Democracy Building

Until recently the term ‘cosmopolitanism’ was a forgotten concept in the intellectual history of the 18th and 19th centuries. The last two decades have seen a remarkable revival of interest in cosmopolitanism across a wide variety of fields. This article contends that legal developments since the 1948 Declaration of Human Rights and the rise of an ‘international human rights regime’ are at the forefront of a new cosmopolitanism. Yet there is a great deal of skepticism toward such claims on the part of those who maintain that democracy and human rights are best furthered by the nation-state framework. Still others confuse legal cosmopolitanism with the spread of a uniform system of rights across different national jurisdictions. In several writings in the past, I developed the concept of ‘democratic iterations’ to argue against such skepticism as well as misunderstandings of legal cosmopolitanism. In this article, I show how democratic iterations unfold across transnational legal sites, which encompass various national jurisdictions and through which contentious dialogues on the application and interpretation of such fundamental rights as ‘freedom of religion’ in different jurisdictions can emerge. To document such processes I focus on the Leyla Sahin v. Turkey case which was adjudicated by the European Court of Human Rights in 2005.

Haydn's Creation and Enlightenment Theology

2008 ◽  
Vol 39 ◽  
pp. 25-44
Author(s):  
Mark Berry
Keyword(s):  
Eighteenth Century ◽  
Intellectual History ◽  
High Culture ◽  
The Enlightenment ◽  
Age Of Enlightenment ◽  
The Creation ◽  
Austrian Tradition

Haydn's two great oratorios, The Creation and The Seasons (Die Schöpfung and Die Jahreszeiten) stand as monuments—on either side of the year 1800—to the Enlightenment and to the Austrian Enlightenment in particular. This is not to claim that they have no connection with what would often be considered more “progressive”—broadly speaking, romantic—tendencies. However, like Haydn himself, they are works that, if a choice must be made, one would place firmly in the eighteenth century, “long” or otherwise. The age of musical classicism was far from dead by 1800, likewise the “Age of Enlightenment.” It is quite true that one witnesses in both the emergence of distinct national, even “nationalist,” tendencies. Yet these intimately connected “ages” remain essentially cosmopolitan, especially in the sphere of intellectual history and “high” culture. Haydn's oratorios not only draw on Austrian tradition; equally important, they are also shaped by broader influence, especially the earlier English Enlightenment, in which the texts of both works have their origins. The following essay considers the theology of The Creation with reference to this background and, to a certain extent, also attempts the reverse, namely, to consider the Austrian Enlightenment in the light of a work more central to its concerns than might have been expected.

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