scholarly journals Prawo naturalne w ramach radykalnego oświecenia

2020 ◽  
pp. 91-102
Author(s):  
Michał Wendland
Keyword(s):  
Human Rights ◽  
Early Modern ◽  
French Revolution ◽  
Natural Law ◽  
Social Practice ◽  
Natural Rights ◽  
Political Consequences ◽  
Radical Enlightenment ◽  
Traditional Natural ◽  
19Th And 20Th Century

The main difference between classical (both ancient and medieval) and modern concepts of natural law lies in the assumption of its supernatural (divine) foundation. Early modern philosophical concepts tend to undermine and gradually to deny God or some other metaphysical entity as the source of natural law. Some contemporary scholars (e.g. Habermas, Bobbio) define this process as transition (modernization, rationalization, Positivisierung) of traditional natural law towards the idea of natural rights and human rights. We can distinguish at least three main schools of natural law during the 17th and 18th centuries, each one more radical than the others: de Groot dares to consider the natural law “as if there were no God”. The philosophers of early Enlightenment (e.g. Hobbes, Locke, Montesquieu, Voltaire) were perhaps more daring, nevertheless they were all deists and the “Supreme Being” still validates natural law in their writings. The article aims to examine the most radical view on natural law, i.e. partly forgotten and underestimated ideas of French materialists: La Mettrie, Diderot, Holbach, Mably, and Condorcet. For they were all thinkers of the radical Enlightenment (J. Israel), all of them were materialists and atheists, and they perceived the nature and natural law as completely separated from God or other supernatural being. Unlike their older colleagues, these radical philosophers demanded equality (for women and ethnical minorities as well), emancipation, and social justice for all classes. This papers describes the idea of natural law within the radical Enlightenment movement,and investigates some political consequences of this interpretation during the French Revolution. While strongly materialistic, progressive, and atheist, the ideas of Diderot, Holbach, Mably, and Condorcet were also perceived as politically dangerous. All revolutionary attempts to put these ideas into political and social practice have failed. Finally, these ideas were refuted, but they returned during the 19th- and 20th-century debates on human rights.

Fundamental Human Rights and the Military Regime in Nigeria: What did the Courts Say?

1971 ◽  
Vol 15 (2) ◽  
pp. 213-224 ◽  
Author(s):  
D. O. Aihe
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Natural Rights ◽  
Modern State ◽  
Law Of Nature ◽  
Positive Law ◽  
Moral Force ◽  
Traditional Natural ◽  
The Individual ◽  
The Military

The rights of the individual in the society have been conceived as natural rights—which in the modern state have no more than a moral force. In the context of a modern state which asserts absolute powers within its borders, it appears idle to suggest as in the traditional natural law theories that there is anything like a law of nature existing independently of and overriding positive law.

scholarly journals Mundo da vida e Direito Natural. Uma Fundamentação Fenomenológica dos Direitos Humanos?

Phainomenon ◽  
2011 ◽  
Vol 22-23 (1) ◽  
pp. 441-454
Author(s):  
Ana Paula Loureiro de Sousa
Keyword(s):  
Human Rights ◽  
Early Modern ◽  
Human Dignity ◽  
Natural Law ◽  
Natural Rights ◽  
Phenomenological Description ◽  
Controversial Issue ◽  
Human Relationships ◽  
Modern Age

Abstract The justification of Natural Law is a very controversial issue, not only after the Positivist’s rebuttals, but since its very anthropological foundations in the early modern age. In this paper, I try do give an account of Natural Law and natural rights in terms of a phenomenological description of the background of normative intentionality. Taking a genetic stance, I go from the positive norm and the intentionality that constitutes it to the underling pregiveness that supplies the condition of its possibility. I exhibit it as the experience of the live-world, and I analyze it as an intersubjective world, where persons are given as equals and worth-counting. This is the very root of the concept of human dignity. Starting from it, I develop an account of the sense and content of the concept of Human Rights as a set of eidetic laws creating the framework for authentic human relationships.

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.

Rights

2011 ◽  
Author(s):  
Kenneth Pennington
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Natural Rights ◽  
Legal Positivism ◽  
Individual Rights ◽  
Legal Systems ◽  
Human Beings ◽  
Group Rights ◽  
Constitutional Jurisprudence ◽  
Theological Thought

One of the most notable characteristics of Western societies has been the development of individual and group rights in legal, theological, and philosophical thought of the first two millennia. It has often been noted that thinkers in Non-Western societies have not had the same preoccupation with rights. The very concept of rights is laden with numerous problems. Universality is the most basic and difficult. If human rights are only a product of Western ideas of justice, they cannot have universality. In an age that is dominated by conceptions of law embracing some form of legal positivism, many scholars recognize only individual rights that have been established by the constitutional jurisprudence of individual countries or their legal systems. Historically, the emergence of rights in European jurisprudence is intimately connected with the terms ius naturale and lex naturalis in Western jurisprudence and theological thought. Human beings may never agree on universal rules of a natural law, but they might agree on universal precepts that shape the penumbra of rights surrounding natural rights.

US human rights panel will have widespread impact

2019 ◽  
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
Natural Law ◽  
Social Values ◽  
Us Foreign Policy ◽  
Natural Rights ◽  
Religious Liberty ◽  
The Body ◽  
Content Type ◽  
Lgbt Issues

Significance Pompeo launched the commission on July 8, charging it with providing “fresh thinking” on human rights where concepts of rights have “departed from our nation’s founding principles of natural law and natural rights”. However, the body’s precise activities are left vague. The commission is also widely interpreted as an effort to infuse the current framework for human rights in US foreign policy with more conservative social values. Impacts The commission could be a flashpoint in budget negotiations down to September/October and beyond. The body will likely reinterpret rights more conservatively, including on abortion and LGBT issues, and elevate religious liberty. The pro-Israel lobby will welcome the commission, partly as the UN has been criticised as being ‘anti-Israel’.

The ‘Iura Connata’ in the Natural Law of Christian Wolff

2019 ◽  
pp. 196-215
Author(s):  
Frank Grunert
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Recent Literature ◽  
Natural Rights ◽  
Substantial Contribution ◽  
Christian Wolff

Whether Christian Wolff’s concept of innate rights is a substantial contribution to the development of the concept of human rights or not has been a major concern of recent literature. This chapter explores the role of Christian Wolff’s conception of iura connata or innate rights as possible foundations for the modern doctrine of human rights, imbuing natural law with a degree of transhistoricality and engaging with Knud Haakonssen’s rather different treatment of Wolff’s natural rights as alienable.

scholarly journals Alexander Hamilton on Slavery

2004 ◽  
Vol 66 (2) ◽  
pp. 207-231 ◽  
Author(s):  
Michael D. Chan
Keyword(s):  
Foreign Policy ◽  
Natural Law ◽  
American Foreign Policy ◽  
The State ◽  
Natural Rights ◽  
Economic Policies ◽  
Alexander Hamilton ◽  
Traditional Natural ◽  
Political Principles

This article seeks to refute the prevailing scholarly view that Hamilton, like the Founders generally, lacked a deep concern about slavery. The first part examines Hamilton's political principles and shows that they were not Hobbesian but consistent with the views of more traditional natural law theorists. Accordingly, Hamilton understood that the natural rights of man imposed a corresponding duty to end slavery. The second part examines Hamilton's endorsement of a compensated emancipation, his opinions of the Constitution, his conduct of American foreign policy, his involvement in the state abolition societies, and his economic policies to demonstrate that ending slavery was in fact one of his abiding concerns.

METAPHYSICS AND MODERNITY: NATURAL LAW AND NATURAL RIGHTS IN GERSHOM CARMICHAEL AND FRANCIS HUTCHESON

2009 ◽  
Vol 7 (1) ◽  
pp. 87-102 ◽  
Author(s):  
SAMUEL GREGG
Keyword(s):  
Early Modern ◽  
Natural Law ◽  
Natural Rights ◽  
Scottish Enlightenment ◽  
Founding Fathers ◽  
Francis Hutcheson ◽  
Metaphysical Foundation

This paper argues that the founding fathers of the tradition of Scottish Enlightenment natural jurisprudence, Gersholm Carmichael (1672–1729) and Francis Hutcheson (1694–1746), articulated a view of rights that is pertinent to the contemporary dominance of the language of rights. Maintaining a metaphysical foundation for rights while drawing upon the early-modern Protestant natural law tradition, their conception of rights is more significantly indebted to the pre-modern scholastic natural law tradition than often realized. This is illustrated by exploring some of the background to their respective theories of rights, detailing the precise reasoning that Carmichael and Hutcheson brought to bear upon their conception of rights, and then exploring their application of their understanding of rights to the question of property.

Before Normal, There Was Natural: John Bulwer, Disability, and Natural Signing in Early Modern England and Beyond

PMLA ◽  
2017 ◽  
Vol 132 (1) ◽  
pp. 33-50 ◽  
Author(s):  
Elizabeth B. Bearden
Keyword(s):  
Early Modern ◽  
Sign Language ◽  
Disability Studies ◽  
Natural Law ◽  
Early Modern England ◽  
Natural Rights ◽  
Deaf People ◽  
Human Variation ◽  
Signed Languages ◽  
Universal Language

Disability studies scholars and Renaissance scholars have much to learn from early modern schemata of disability. Early modern people used nature and the natural to discriminate against and to include people with atypical bodies and minds. In his writings, the English physician John Bulwer (1606–56) considers Deafness a natural human variation with definite advantages, anticipating current concepts of biolinguistic diversity and Deaf-gain, while acknowledging his society's biases. He refutes the exclusion of sign language and other forms of what he calls “ocular audition” from natural law, which made capacity for speech the benchmark for natural rights. Instead of using Deaf people as exceptions that prove the rule of nature or as limit cases for humanity, Bulwer makes deafness part of a plastic understanding of the senses, and he promotes the sociability of signed languages as a conduit to a universal language that might be encouraged and taught in England.

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