law of nature
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Conatus ◽  
2021 ◽  
Vol 6 (2) ◽  
pp. 177
Author(s):  
Kostas Galanopoulos

In its simplest and primary sense, conatus is about self-preservation. It further involves the obligation, the duty, the imperative even, deriving from the Law of Nature for man to do whatever within his power to maintain his life. Even though this idea has been an old one, it was reintroduced in a more sophisticated form by modern philosophy as no longer a cruel necessity of life but ontologically tied to Reason and Natural law. It was with Hobbes that the idea of self-preservation was put at the core of his anthropological narration (with well known political connotations) and with Spinoza that conatus was delved into within his ontological universe. Regardless of their ontological starting points, both philosophers ended up eventually in a resolution with regard to that primary anthropological tension between individuals, whether this was a common legislator, the political society or the state. Somewhat radical at the beginning, Hobbes and Spinoza had to make some mitigations in order to arrive at a resolution. Yet, that was not Stirner’s case. On the contrary, Stirner’s opening ontological statement was rather too extreme and inconceivable even: it is also the newborn child that gets to war with the world and not only the other way around. It is the purpose of this paper to argue that this extreme trailhead leads the Stirnerian egoist to his fulfillment as the Unique One through ownership and that this agonistic tremendous striving constitutes the Stirnerian notion of conatus. That notion offers no resolution to the ontological animosity between individuals; on the contrary, that animosity is required as ontological precondition and prefiguration of conatus' conclusion as well.


2021 ◽  
pp. 1-24
Author(s):  
Chris Campbell

Abstract In several key passages in Thomas Hobbes's understudied translation of Thucydides's History of the Peloponnesian War, Hobbes's Pericles directs audiences to distrust rhetoric in favor of calculative self-interest, inward-focused affective states, and an epistemic reliance on sovereignty. Hobbes's own intervention via his translation of Thucydides involves similar rhetorical moves. By directing readers to learn from Thucydides, Hobbes conceals his own rhetorical appeals in favor of sovereignty while portraying rhetoric undermining sovereignty as manipulative, self-serving, and representative of the entire category of “rhetoric.” Hobbes's double redescription of rhetoric is an important starting point for an early modern project: appeals that justify a desired political order are characterized as “right reason,” “the law of nature,” or “enlightenment,” while rhetoric constituting solidarities or publics outside the desired order is condemned. Hobbes's contribution to this project theorizes rhetoric as a barrier to individual calculations of interest, placing a novel constraint on political life.


2021 ◽  
pp. 137-186
Author(s):  
Michael C. Hawley

This chapter considers how John Locke reunites the two strands of Ciceronian thought from the seventeenth century. Locke returns to Cicero’s original formulation of natural law republicanism and innovates on it. He derives from Cicero’s natural law a set of natural rights, corresponding to the duties Cicero claimed were imposed by natural law. Locke’s law of nature is a barely modified version of Ciceronian natural law, but his conception of natural rights allows him to solve a number of theoretical problems posed by Cicero’s construal of the issue. Locke also offers a solution to the puzzle of how a doctrine of natural law could meet the standard of skeptical epistemology.


Author(s):  
Anatolii P. Zaiets ◽  
Zoya O. Pohoryelova

The article analyzes the formation of the idea of natural law, which has an important theoretical and applied significance, as it makes it possible to better understand the essence of law, its connection with egalitarian and humanistic teachings. The research is based on modern philosophical worldview approaches, such general scientific research methods as axiological, anthropological, phenomenological, comparative-historical, comparative-legal, system-structural, hermeneutical, functional, institutional, as well as formal-legal method are used. The article examines the works of representatives of the Milesian school founded by Thales in the first half of the 6th century BC, whose analysis of human consciousness, human ability to create, transform the world, formulate ideas and implement them led to the idea of a universal Logos, a universal divine Mind, and the Law of Nature. The article reveals the contribution of sophists to the development of the idea of the natural law who justified the differences between natural and human law, defended the idea of equality of all people, called for not discriminating against citizens, depending on their origin, and denied slavery. The role of representatives of the stoicism school in substantiating the idea of natural law based on awareness of the fundamental difference between human nature and nature, justifying the existence of the unchangeable law of nature (lex naturale) in the form of common sense, equality of all people, recognition of slavery contrary to human nature, the need for recognition of human rights by law to preserve human dignity is highlighted. The article examines the influence of the ideas of the philosophers of Ancient Greece on the development of Roman law, the role of the Scipio group in this influence, and the essence of the then rational understanding of natural law as a true law, namely, common sense, which, in accordance with nature, concerns all people, is unchangeable and eternal


2021 ◽  
Vol 9 (4) ◽  
pp. 72-98
Author(s):  
Senko Pličanič

This scientific article discusses the reaosns for inefficiency (“impotence”) of modern environmental law as a normative reaction to the “destruction of Nature.” The scope of the destruction of Nature has been broadening. The environmental protection law has thus not influenced the resurrection of “destroyed Nature.” The essential reasons for the current excessiveness (intemperance) of man’s interaction with Nature (the reasons for the “destruction of Nature”) and/or reasons for the inefficiency of the modern environmental law should be sought for in the dominant anthropocentric cultural paradigm of the western cultures oriented towards an un-limited material progress. If anthropocentrism (exploitativeness) as the basis of human utilitarian interaction with nature has led to the “destruction of nature,” there is no doubt that the ecological reason remaining within the anthropocentric construction of Nature can not lead to its “resurrection.” Only the setting-up of the ecocentric construction of Nature may lead to the “resurrection” of Nature. This orientation must be followed by the nomos of the western cultures. A new law of nature on the basis of the new, ecocentric ontology and ethics is therefore necessary. This article thus alalyzes the foundations of new ecocentric legal philospohy. This approach is original at the global level and is important at both the theoretical and applied levels. The new ecocentric legal philosophy should become the foundation of modern environmental law. Keywords: inefficiency of modern environmental law.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Jianzhong Shi ◽  
Ming Xu

Abstract This study visualizes the international cyberspace sovereignty studies collected in Web of Science Core Collection to construct knowledge bases, development status, and dynamic trends drawing on scientometric method by instrument CiteSpace (5.7.R5). The findings show that the international studies on cyberspace sovereignty have phased and interdisciplinary characteristics. Its research theories, perspectives, and methods will be affected by practical and legal environment in the international contexts. Additionally, this study discusses its rationality to gain the concept through temporal evolution, spatial variation, and linguistic rank; explores its legitimacy through existing necessity, Common Law of Nature spirit and Positive Law foundation; and finally puts forward its implementation path. Furthermore, the logical basis and jurisprudential basis have established the status of cyberspace sovereignty in international law.


2021 ◽  
Vol 2 (4) ◽  
pp. 21-25
Author(s):  
Muthulakshmi T ◽  
Mallika S

No living organism can live on earth without water. Today, 70 percent of water is used for agriculture, 20 percent for industrial work and 10 percent for human consumption worldwide. Fish, crocodile, crab, shrimp etc. were found as aquatic organisms during the Sangam period. They describe the nature of the environment in the manner of food chain, spread, space protection, food collection and storage, and coexistence with the law of nature. In 500, news of aquatic organisms and their spreading into a food chain, compliance with the natural law, food conservation, human use methods and environmental contacts have been explored. This article shows that aquatic organisms lived without any pollution and without loss of life during the Sangam period.


2021 ◽  
Vol 9 (2) ◽  
pp. 104-129
Author(s):  
Bogdan Szlachta

The concept of human rights, supposedly of universal importance, is usually derived from the tradition referred to as ‘Western’. Although the ‘classic approaches’ – Greek, Roman and Christian, refer to the norms of natural law, making them the basis or limits of the rights of individuals, in modern approaches the relation is reserved, in the manner that rights become primary to norms. Although liberals of the 17th and 18th centuries consider the law of nature as a tool for their protection, starting from the 19th century, the rights (already called human rights) have been increasingly perceived as positive abilities to articulate own, subjective preferences of individuals. This evolution needs to be accounted for in the studies carried out by representatives of various cultures, since the comprehension of an individual (and even a ‘human person’ as in contemporary Catholic social teaching) as an essentially culturally unconditioned one, is its ineradicable element.


2021 ◽  
Author(s):  
◽  
Logan S Brown

<p>The harmonious balance of architecture and nature is undermined by their mutual struggle for control. Their corrosive relationship directly leads to the degradation and displacement of natural ecosystems through economic development, of which modern society is fundamentally reliant. To preserve Earth’s ecology and biodiversity for future generations, architecture needs to become symbiotic with nature. As Adolf Zeising speculated the ratio Phi (the Golden Section) to be the morphological law of nature, this thesis investigates whether its principles can help generate symbiotic architecture. This thesis investigates the historical perception of how Phi relates to nature, and applies its core principles to the development of Wellington Zoo’s ‘Welcome Plaza’. The investigation of Phi finds symbolism to be of central importance reflecting the ancient Pythagorean conception of Aether, later conceived as the medium of electromagnetic fields. The design basis of the Welcome Plaza utilises that which the ratio symbolises, being the Aether and its correlated electromagnetic qualities, rather than deriving its architectural form from the Phi ratio itself. The impact of the Welcome Plaza’s generated form, upon the ecological value of the site, determines the appropriateness of the principles of Phi as a design mechanism. This thesis determines whether the principles ascribed to Phi can be used as a design methodology to generate Wellington Zoo’s Welcome Plaza in a way that is harmonious with nature.</p>


2021 ◽  
Author(s):  
◽  
Logan S Brown

<p>The harmonious balance of architecture and nature is undermined by their mutual struggle for control. Their corrosive relationship directly leads to the degradation and displacement of natural ecosystems through economic development, of which modern society is fundamentally reliant. To preserve Earth’s ecology and biodiversity for future generations, architecture needs to become symbiotic with nature. As Adolf Zeising speculated the ratio Phi (the Golden Section) to be the morphological law of nature, this thesis investigates whether its principles can help generate symbiotic architecture. This thesis investigates the historical perception of how Phi relates to nature, and applies its core principles to the development of Wellington Zoo’s ‘Welcome Plaza’. The investigation of Phi finds symbolism to be of central importance reflecting the ancient Pythagorean conception of Aether, later conceived as the medium of electromagnetic fields. The design basis of the Welcome Plaza utilises that which the ratio symbolises, being the Aether and its correlated electromagnetic qualities, rather than deriving its architectural form from the Phi ratio itself. The impact of the Welcome Plaza’s generated form, upon the ecological value of the site, determines the appropriateness of the principles of Phi as a design mechanism. This thesis determines whether the principles ascribed to Phi can be used as a design methodology to generate Wellington Zoo’s Welcome Plaza in a way that is harmonious with nature.</p>


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