scholarly journals Prawo siły jako polityczna konsekwencja naturalizmu — na przykładzie myśli Jeana-Jacques’a Rousseau

2020 ◽  
Vol 10 (1) ◽  
pp. 83-94
Author(s):  
Katarzyna Haremska
Keyword(s):  
Natural Order ◽  
Political Consequence ◽  
The Enlightenment ◽  
The Law

The law of force as a political consequence of naturalism: on the example of Jean-Jacques Rousseau: Jean‐Jacques Rousseau rejected the Enlightenment ideas of reason, equality and progress. He experienced the charm of physical vigour and male causative power. He preached the apotheosis of primal instincts and the cult of strength. Rousseau’s historiosophy disavowed the optimistic vision of the Enlightenment and became its main competitor. The philosopher questioned the existing civilization; on its debris he wanted to restore the natural order based on biologically conditioned inequalities.

scholarly journals Исторический процесс в свете христианской антропологии Ф. М. Достоевского

2021 ◽  
Vol 12 (18) ◽  
Author(s):  
Boris Nikolaievitch Tarassov
Keyword(s):  
Human Nature ◽  
Social Systems ◽  
Field Of View ◽  
Christian Realism ◽  
The Enlightenment ◽  
Moral World ◽  
The Law ◽  
The One

Based on the fundamental concepts of the "mystery of man" and Christian realism, the "law of the Ego" and the "law of love" for Dostoevsky's creative consciousness, the article examines the one-sidedness of biologizing and socializing concepts of human nature since the Enlightenment and their connection with entropic processes in the spiritual and moral world of people and declining trends in the course of history. It is shown how the spiritual laws of life, which are leaving the field of view of rationalistic and pragmatic consciousness, transform social-progressive design and planning, and introduce nihilistic elements into them. It is emphasized that the methodology of Christian realism is universal, that it connects the "mystery of man" with the mystery of history, and becomes one of the main principles for assessing the hierarchy of values in various ideological and social systems.

RICARDO AND RICARDIANS ON THE ORDER OF CULTIVATION

2018 ◽  
Vol 40 (3) ◽  
pp. 389-399
Author(s):  
Christian Bidard
Keyword(s):  
Natural Order ◽  
Static Approach ◽  
The Law ◽  
The One ◽  
Law Of Succession ◽  
David Ricardo

The Ricardian dynamics are based on the study of the order of cultivation when demand increases. Piero Sraffa criticized David Ricardo for having assumed that the incoming method is defined by a natural order, and stressed that the law of succession of methods is based on a profitability criterion. Then, in the case of intensive cultivation, the question is whether the incoming method is indeed more productive than the one it replaces. Sraffa’s argument relies on the positivity of rent. However, there is a flaw in his reasoning, and a failure of the Ricardian dynamics is possible. Post-Sraffian scholars have misunderstood that construction and have substituted a static approach for it. The critiques they address to Sraffa are better understood by returning to Ricardo and Sraffa’s own methodology. Fifty years ago, mathematicians rediscovered Ricardo’s approach independently and worked out a powerful algorithm inspired by it.

scholarly journals The Law of Nature in Locke's Second Treatise: Is Locke a Hobbesian?

1987 ◽  
Vol 49 (1) ◽  
pp. 3-28 ◽  
Author(s):  
Patrick Coby
Keyword(s):  
Political Science ◽  
John Locke ◽  
Thomas Hobbes ◽  
Body Politic ◽  
The Body ◽  
Civil Justice ◽  
Natural Justice ◽  
Law Of Nature ◽  
The Enlightenment ◽  
The Law

The question addressed by this essay is whether Thomas Hobbes is the true intellectual forebear of John Locke. A brief comparison of the teachings of these two authors with respect to natural justice and civil justice would seem to suggest that Locke is a determined adversary of Hobbes whose views on justice are reducible to the maxim that “might makes right.” But a reexamination of Locke's Second Treatise shows that Locke adopts this principle with hardly less thoroughness than Hobbes. Even so, an important difference remains, for Locke takes steps to disguise the grim reality of power, whereas Hobbes makes the enlightenment of people the sine qua non of his political science. Locke's departure from Hobbes is seen as an attempt to instill in the body politic a degree of justice that would not otherwise exist.

D’Alembert, Jean Le Rond (1717–83)

2018 ◽  
Author(s):  
Paul F. Johnson
Keyword(s):  
Single Point ◽  
Denis Diderot ◽  
Mathematical Structure ◽  
Point Of View ◽  
Natural Order ◽  
The Enlightenment ◽  
French Enlightenment ◽  
European Science ◽  
Mathematical Techniques ◽  
Serial Publication

Mathematician, scientist and man of letters, Jean D’Alembert is a central figure of the French Enlightenment. As a young man he made significant contributions to the refinement of mathematical techniques, and later was actively engaged in the theoretical controversies which surrounded the gradual assimilation of Newtonian mechanics into the mainstream of European science. For twelve years (1746–58) he was co-editor, with Denis Diderot, of the Encyclopedia, the serial publication of which was one of the defining events of the Enlightenment period as a whole. D’Alembert frequented the various Paris salons where much of the intellectual fervour and high-spiritedness of the age was cultivated and given shape. As Secretary of the French Academy he worked assiduously to advance the cause of human knowledge. D’Alembert’s philosophy is characterized by an abiding commitment to the clarity and precision which attends mathematical abstraction. He believed that in its essence the natural order is internally structured by laws whose operation can be articulated under the principles of geometry. All natural phenomena are to be explained under the terms of those basic mathematical principles that govern the scientific domain in which they are located (chemistry or astronomy for example), and all scientific domains could be brought ultimately to perfect consistency and systematic order within a comprehensive theory. The events and processes which constitute the natural order reflect the reality of the mathematical structure which underlies them. As he says in the Preliminary Discourse (1751) to the Encyclopedia (1751–65), ‘The universe would only be one fact and one great truth for whoever knew how to embrace it from a single point of view’.

Enlightenment Ideals of Limited Warfare

2020 ◽  
pp. 97-126
Author(s):  
Pablo Kalmanovitz
Keyword(s):  
Public Administration ◽  
Use Of Force ◽  
Laws Of War ◽  
The Public ◽  
The Enlightenment ◽  
The Law ◽  
Sound Policy ◽  
Limited Warfare ◽  
Strategic Logic

Chapter 4 looks at the doctrines of ius in bello and ius post bellum in the Enlightenment theory of regular war. It argues that the laws of regular war and its conclusion embody maxims of sound policy in the public administration of a war’s destruction. The laws of war are underwritten by the assumption that states share an interest in setting reciprocal limitations on their use of force. But while the rules of regular war can be upheld in self-enforcing equilibria, these are always fragile and unstable. The chapter proceeds by looking at several specific areas in the practice of regular warfare and identifying the strategic logic behind the law and its possible breakdowns. The task of the Enlightenment jurists, as they understood it, was to help rulers and military men better see that it was in their best long-term interests to sustain and comply with the laws of war.

حقوق العجائز في ضوء القران والسنة - دراسة تأصيلية

ĪQĀN ◽  
2021 ◽  
Vol 3 (01) ◽  
pp. 1-12
Author(s):  
Nazakat Ali ◽  
Muhammad Ajmal Khan
Keyword(s):  
End Of Life ◽  
Natural Process ◽  
Natural Order ◽  
Human Being ◽  
Human Beings ◽  
The Law ◽  
Special Priority ◽  
Over Time

Human being, when gets closer to annihilation, he becomes vulnerable as he progresses towards weakness and eventually he becomes mortal. It is the natural process of a human being that he becomes weak over time, but at the same time, where he is near death, then Allah makes him his beloved. He increases the importance of his weakness and develops sympathy for the elders in his immediate surroundings. If Allah has kept his command in a natural order, he has not left it on the requirements of this natural process, but has revealed the guidance of revelation for it, so that if human beings are to be lacking in these matters. If found, then the instructions of revelation should enlighten him on the completion of this process, and he will succeed in the test that is being run in the background of whole system. Thus, the Shari’ah has produced the precise incentive of each and every order in this order, even though there are those who institute the natural requirements. One of these countless issues is the rights of the elders & elderly. The following two main sources of Islamic Shariah are discussed with the Qur’an and Sunnah. The rules of the law are the same for all, but the Shari’ah separates elders from the end of life and gives special priority to them. This research explains their significant rights, describes their rights in the Qur’an.

scholarly journals EQUITÀ NEL DIRITTO ODIERNO

2017 ◽  
Author(s):  
Gustavo Zagrebelsky
Keyword(s):  
Surprising Result ◽  
Legal Practice ◽  
General Will ◽  
The Enlightenment ◽  
Constitutional State ◽  
Theories Of Justice ◽  
History Of ◽  
The Law

The need for case-specific justice, going beyond the law as a general and abstract norm, deeply penetrates the legal practice, from its origins to the present day. Examples taken from Plato and Aristotle are illustrated in this regard. These could spark an interest in tracing the tension between abstract generalities and concrete details in the theories of justice and in the history of judicial institutions throughout the ages. These include the tensions that emerged during the Enlightenment, as well as those from the period dominated by the doctrine of law as an expression of general will that was therefore just. The work highlights the renewal of this issue, crucial for our vision of the law and our expectations of it in current constitutional state, which in many respects has gone beyond the concept of the law from the Enlightenment à la Montesquieu, Bentham and Beccaria, given the constitutional requirement to focus on the needs of specific cases. Within this revival, a particularly important role is played by the numerous cases in which the laws are declared unconstitutional because of their excessive generality or abstractness, or on the basis of the judiciary’s inability to pass a fair judgement on the case before them. This is a surprising result that has emerged from the principles of equality and adequacy of law, a result that also calls into question the concept of jurisdiction and problematises the suitability of a judicial organisation modelled on an official judge “subject only to the law” in relation to the important, delicate and even dangerous function referred to by Plato as the “arte regia”.

Newton's Principia and the philosophers of the enlightenment

1988 ◽  
Vol 42 (1) ◽  
pp. 35-52 ◽  
Keyword(s):  
17Th Century ◽  
Philosophy And Literature ◽  
The Enlightenment ◽  
The Law ◽  
The Mind ◽  
Creative Role ◽  
Scientific Imagination

There have been many discussions of the creative role of metaphors and similes in the scientific imagination, particularly of the 17th century. Metaphors become sense-loaded when they cross the uncertain boundaries between the sciences and religion, philosophy and literature: such was the metaphor of light, so fashionably used in Newton’s lifetime to eulogize his discoveries. I do not refer only to the literary exploitation of the experiments on colours. Ever since the first edition the text of the Principia was preceded by Halley’s verses, containing some typical metaphors. The secrets of the heavens were finally laid open: ‘ Intima panduntur victa penetralia caeli ... Matters that vexed the mind of ancient seers.../Now are seen in reason’s light; the clouds of ignorance/ Dispelled at last by science’ (1)*. The Halley ode, stuffed with fragments borrowed from Lucretius, is one of the sources of a copious and repetitive stream of variations on the theme. As Moses revealed the Tables of the Law or, reading between the lines, as Epicurus exorcized the fear of celestial phenomena, so Newton introduced mankind to the banquet of the gods by revealing the main mystery of nature. Roger Cotes, in his authorized preface of 1713, echoed the same note: ‘ Dici vix potest quanta lux accedat ... The gates are now set open, and by the passage he has revealed we may freely enter into the knowledge of the hidden secrets and wonders of natural things ’ (2).

Privatising Property

2020 ◽  
pp. 177-216
Author(s):  
Charlotte Epstein
Keyword(s):  
John Locke ◽  
Private Property ◽  
Modern Science ◽  
The Body ◽  
Natural Order ◽  
Property Relations ◽  
The Law ◽  
Theory Of Value ◽  
Secondary Feature ◽  
The Right

This chapter describes how the body served to privatise property and to establish the human subject, instead of the natural order, at the centre of the law. Whereas modern science expelled humanity from the world’s centre, a second revolution in the law achieved the opposite. It begat legal modernity and the right to private property that supports capitalism. The site for this revolution was early modern theories of natural rights. The chapter traces the genealogy of the concept of private property, from Hugo Grotius via Samuel von Pufendorf to John Locke, through this tradition and under the lens of the body, underscoring the extent to which they broke from premodern Thomist theories of natural law, whose default mode of property relations were communal. It then shows how Locke deployed the most effective legitimation of capitalism by locating the original mechanism by which property is privatised in ‘the hand that grabs’ – by corporealising it. The chapter then turns to the particular, labouring bodies that were explicitly excluded from Locke’s embodied labour theory of value: slaves. Slavery was not simply a practice Locke was deeply invested in personally, or an embarrassing but secondary feature of his political writings. It was, rather, part and parcel of the constitutive logic by which he articulated a racialised right to private property.

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