With Selections from Foundations of the Law of Nature and Nations

Author: Christian Thomasius

Publisher: Liberty Fund

ISBN: 9780865975187

Category: Philosophy

Page: 659

View: 1991

Christian Thomasius’s natural jurisprudence is essential to understanding the origins of the Enlightenment in Germany, where his importance was comparable to that of John Locke’s in England. First published in 1688, Thomasius’s Institutionum jurisprudentiae divinae (Institutes of Divine Jurisprudence) attempted to draw a clear distinction between natural and revealed law and to emphasize that human reason was able to know the precepts of natural law without the aid of Scripture. Thomasius also argued that his orthodox Lutheran opponents had failed to understand this distinction and thereby had confused reason and Scripture. In addition to the Institutes of Divine Jurisprudence, this volume contains significant selections from his Fundamenta juris naturae et gentium (Foundations of the Law of Nature and Nations), published in 1705. In Foundations Thomasius significantly revised the theory he had put forward in the Institutes, and much of the Foundations therefore is a paragraph-by-paragraph commentary on his earlier ideas. These works are a companion to Thomasius’s Essays on Church, State, and Politics, and together they provide the first-ever English presentation of this preeminent German thinker. Christian Thomasius (1655-1728) was a German philosopher and legal theorist. He was a cofounder of the University of Halle, where he was also a professor. Thomas Ahnert is a Senior Lecturer in History at the University of Edinburgh. Knud Haakonssen is Professor of Intellectual History at the University of Sussex, England.
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The Political Thought of Christian Thomasius

Author: Ian Hunter

Publisher: Cambridge University Press

ISBN: 1139468693

Category: Political Science

Page: N.A

View: 2595

Christian Thomasius (1655–1728) was a tireless campaigner against the political enforcement of religion in the early modern confessional state. In a whole series of combative disputations - against heresy and witchcraft prosecutions, and in favour of religious toleration - Thomasius battled to lay the intellectual groundwork for the separation of church and state and the juridical basis for pluralistic societies. In this text, Ian Hunter departs from the usual view of Thomasius as a natural law moral philosopher. In addition to investigating his anti-scholastic cultural politics, Hunter discusses Thomasius' work in public and church law, particularly his disputations arguing for the toleration of heretics, providing a revealing comparison with Locke's arguments on the same topic. If Locke sought to base toleration in the subjective rights protecting Christian citizens against an intolerant state, Thomasius grounded it in the state's duty to impose toleration as an obligation on intolerant citizens.
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Religion and Morality in Enlightenment Germany and Scotland

Author: Simon Grote

Publisher: Cambridge University Press

ISBN: 1107110920

Category: History

Page: 306

View: 705

This new study of eighteenth-century aesthetic theory situates it in theological contexts that are crucial to explaining why it arose.
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A Continental Commentary

Author: Hans-Joachim Kraus

Publisher: Fortress Press

ISBN: 9781451409369

Category: Religion

Page: 559

View: 4932

[V.1] Psalms 1-59 -- [v.2] Psalms 60-150.
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Author: John Witte, Jr

Publisher: Cambridge University Press

ISBN: 1316300900

Category: Law

Page: N.A

View: 5263

For more than 2,500 years, the Western tradition has embraced monogamous marriage as an essential institution for the flourishing of men and women, parents and children, society and the state. At the same time, polygamy has been considered a serious crime that harms wives and children, correlates with sundry other crimes and abuses, and threatens good citizenship and political stability. The West has thus long punished all manner of plural marriages and denounced the polygamous teachings of selected Jews, Muslims, Anabaptists, Mormons, and others. John Witte, Jr carefully documents the Western case for monogamy over polygamy from antiquity until today. He analyzes the historical claims that polygamy is biblical, natural, and useful alongside modern claims that anti-polygamy laws violate personal and religious freedom. While giving the pro and con arguments a full hearing, Witte concludes that the Western historical case against polygamy remains compelling and urges Western nations to hold the line on monogamy.
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A Treatise of the Principles of Jurisprudence, as Determined by Nature

Author: James Lorimer

Publisher: N.A

ISBN: N.A

Category: Jurisprudence

Page: 468

View: 1332

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A Contemplative Treatise Concerning the Inter-relations Between Deity and His Creation, as Discoverable by and to the Human Understanding

Author: William Nixon Haggard

Publisher: N.A

ISBN: N.A

Category: Creation

Page: 150

View: 1530

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With English Introduction, Translation and Notes

Author: Thomas Collett Sandars

Publisher: N.A

ISBN: N.A

Category: Roman law

Page: 608

View: 3336

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Author: Christian Thomasius,Ian Hunter,Thomas Ahnert,Frank Grunert

Publisher: Liberty Fund Inc.

ISBN: N.A

Category: Philosophy

Page: 306

View: 4542

The essays selected here for translation derive largely from Thomasius's work on Staatskirchenrecht, or the political jurisprudence of church law. These works, originating as disputations, theses, and pamphlets, were direct interventions in the unresolved issue of the political role of religion in Brandenburg-Prussia, a state in which a Calvinist dynasty ruled over a largely Lutheran population and nobility as well as a significant Catholic minority. In mandating limited religious toleration within the German states, the provisions of the Peace of Westphalia (1648) also provided the rulers of Brandenburg-Prussia with a way of keeping the powerful Lutheran church in check by guaranteeing a degree of religious freedom to non-Lutherans and thereby detaching the state from the most powerful territorial church. Thomasius's writings on church-state relations, many of them critical of the civil claims made by Lutheran theologians, are a direct response to this state of affairs. At the same time, owing to the depth of intellectual resources at his disposal, these works constitute a major contribution to the broader discussion of the relation between the religious and political spheres.
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History, Thought, & Culture 1600-1815

Author: Walter W. Davis

Publisher: University Press of Amer

ISBN: 9780819188243

Category: History

Page: 810

View: 4537

This book provides a broad, integrated, and reasonably comprehensive surveyoboth geographically and topicallyoof political, intellectual and cultural currents of the 17th and 18th centuries. Contents: Preface; Political and Economic Background; Emergence of a New World View: Forces in Contention; Baroque Cultural Currents, Politics, Economics, and Society; The 18th Century: Political, Economic, and Artistic Currents; 18th Century Music and Literature; Science and Humanism: The Rise of a New Deity; Historians and Colonies; The American Colonial Experience; Tension, Conflict and Freedom; A New Covenant Nation Under God; Cultural, Religious, and Intellectual Patterns in the New American Nation; Oriental Civilization and Western Expansion; The Rediscovery of China by the West; The Emergence of Russia; The Rise of Brandenburg-Prussia; Enlightenment Despotism in Flower; The "Radical Enlightenment"; Philosophies, Anti-Philosophes, Jansenists, Encyclopedists and Freemasons; The Crucible of Revolution; Napoleon and Europe; The Cultural Milieu of the Napoleonic Age; Pictures; Maps; Bibliography; Index.
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A Study of the Development, Substance, and Arrangement of the System of Property in Modern Anglo-American Law

Author: Charles Reinold Noyes

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584777370

Category: Business & Economics

Page: 645

View: 8940

Reprint of the sole edition. "This is an important, erudite, and difficult book. The author, who is of the school of institutional economists, has undertaken to analyze 'the structure only of that particular social organization and institution which is called property', not merely in its legal aspects but also with respect to the underlying economic facts of the institution today. (...) Those who will make the effort requisite to an understanding of this book will be well repaid.": Sidney Post Simpson, Harvard Law Review 49 (1935-36) 1211-16.
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Author: Christian Wolff

Publisher: N.A

ISBN: 9780865977655

Category: International law

Page: 840

View: 2418

Christian Wolff's natural law theory was founded on his rationalist philosophy and metaphysics, which were strongly influenced by the philosophy of Gottfried Wilhelm Leibniz. Like Leibniz, Wolff was convinced that justice and morality were based on universally valid principles of reason and that these principles were accessible to human understanding without the aid of religious revelation. Wolff did not therefore follow the voluntarist tradition of natural law, which was characteristic of Germany's two other famous natural jurists of the early Enlightenment--Samuel Pufendorf and Christian Thomasius. The laws of nature, Wolff argued, were not just because God had willed them; rather, God had willed them because they were just. According to Wolff, this natural law was the foundation of the law of nations. Wolff's work considered central issues such as the duties of nations toward themselves and other nations, the laws of war and peace, and the laws governing the treatment of diplomatic representatives. With the Liberty Fund edition, Wolff's work, heretofore relatively unknown to the English-speaking world, will again become available to scholars and students alike.
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And, The Uses of the Study of Jurisprudence

Author: John Austin

Publisher: Hackett Publishing

ISBN: 9780872204324

Category: Political Science

Page: 396

View: 7038

This edition comprises the full text of The Province of Jurisprudence Determined, a classic work of moral, political, and legal philosophy, including the chapter on Utilitarianism and the detailed discussion of social contract theory, which have been excluded from previous editions. Also included is the essay on The Uses of the Study of Jurisprudence, which gives an important assessment of Austin's conception of analytical jurisprudence.
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