The Idea of Natural Rights

Studies on Natural Rights, Natural Law, and Church Law, 1150-1625

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Author: Brian Tierney

Publisher: Wm. B. Eerdmans Publishing

ISBN: 9780802848543

Category: Law

Page: 380

View: 9152

This series, originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.

The Ethics of Human Rights

Contested Doctrinal and Moral Issues

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Author: Esther D. Reed

Publisher: Baylor University Press

ISBN: 193279297X

Category: Religion

Page: 221

View: 939

In The Ethics of Human Rights, Esther Reed constructs a Christian theology of "right," "rights" and "natural rights" and does so in constant awareness of and conversation with the public and political implications of such a theology. Reed's use of Genesis 9:1-17, God's covenant with Noah, enables her critical Christian engagement with issue of right and her application of this Christian theology of rights to the contemporary moral dilemmas of animal rights, the environment, and democracy.

Reassessing Legal Humanism and its Claims

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Author: Paul J du Plessis

Publisher: Edinburgh University Press

ISBN: 1474408869

Category: Law

Page: 408

View: 8098

This book is a fundamental reassessment of the nature and impact of legal humanism on the development of law in Europe. It brings together the foremost international experts in related fields such as legal and intellectual history to debate central issues surrounding this movement.

The Origins of War

A Catholic Perspective

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Author: Matthew A. Shadle

Publisher: Georgetown University Press

ISBN: 158901751X

Category: Religion

Page: 256

View: 6702

Debate rages within the Catholic Church about the ethics of war and peace, but the simple question of why wars begin is too often neglected. Catholics’ assumptions about the causes of conflict are almost always drawn uncritically from international relations theory—a field dominated by liberalism, realism, and Marxism—which is not always consistent with Catholic theology. In The Origins of War, Matthew A. Shadle examines several sources to better understand why war happens. His retrieval of biblical literature and the teachings of figures from church tradition sets the course for the book. Shadle then explores the growing awareness of historical consciousness within the Catholic tradition—the way beliefs and actions are shaped by time, place, and culture. He examines the work of contemporary Catholic thinkers like Pope John Paul II, Jacques Maritain, John Courtney Murray, Dorothy Day, Brian Hehir, and George Weigel. In the constructive part of the book, Shadle analyzes the movement within international relations theory known as constructivism—which proposes that war is largely governed by a set of socially constructed and cultural influences. Constructivism, Shadle claims, presents a way of interpreting international politics that is highly amenable to a Catholic worldview and can provide a new direction for the Christian vocation of peacemaking.

Rousseau and Hobbes

Nature, Free Will, and the Passions

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Author: Robin Douglass

Publisher: OUP Oxford

ISBN: 0191038032

Category: Philosophy

Page: 240

View: 4384

Robin Douglass presents the first comprehensive study of Jean-Jacques Rousseau's engagement with Thomas Hobbes. He reconstructs the intellectual context of this engagement to reveal the deeply polemical character of Rousseau's critique of Hobbes and to show how Rousseau sought to expose that much modern natural law and doux commerce theory was, despite its protestations to the contrary, indebted to a Hobbesian account of human nature and the origins of society. Throughout the book Douglass explores the reasons why Rousseau both followed and departed from Hobbes in different places, while resisting the temptation to present him as either a straightforwardly Hobbesian or anti-Hobbesian thinker. On the one hand, Douglass reveals the extent to which Rousseau was occupied with problems of a fundamentally Hobbesian nature and the importance, to both thinkers, of appealing to the citizens' passions in order to secure political unity. On the other hand, Douglass argues that certain ideas at the heart of Rousseau's philosophy—free will and the natural goodness of man—were set out to distance him from positions associated with Hobbes. Douglass advances an original interpretation of Rousseau's political philosophy, emerging from this encounter with Hobbesian ideas, which focuses on the interrelated themes of nature, free will, and the passions. Douglass distances his interpretation from those who have read Rousseau as a proto-Kantian and instead argues that his vision of a well-ordered republic was based on cultivating man's naturally good passions to render the life of the virtuous citizen in accordance with nature.

Politics Reformed

The Anglo-American Legacy of Covenant Theology

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Author: Glenn A. Moots

Publisher: University of Missouri Press

ISBN: 0826272231

Category: Religion

Page: 240

View: 4626

Many studies have considered the Bible’s relationship to politics, but almost all have ignored the heart of its narrative and theology: the covenant. In this book, Glenn Moots explores the political meaning of covenants past and present by focusing on the theory and application of covenantal politics from the sixteenth through the eighteenth centuries. Moots demands that we revisit political theology because it served as the most important school of politics in early modern Europe and America. He describes the strengths of the covenant tradition while also presenting its limitations and dangers. Contemporary political scientists such as Eric Voegelin, Daniel Elazar, and David Novak are called on to provide insight into both the covenant’s history and its relevance today. Moots’s work chronicles and critiques the covenant tradition while warning against both political ideology and religious enthusiasm. It provides an inclusive and objective outline of covenantal politics by considering the variations of Reformed theology and their respective consequences for political practice. This includes a careful account of how covenant theology took root on the European continent in the sixteenth century and then inspired ecclesiastical and civil politics in England, Scotland, and America. Moots goes beyond the usual categories of Calvinism or Puritanism to consider the larger movement of which both were a part. By integrating philosophy, theology, and history, Moots also invites investigation of broader political traditions such as natural law and natural right. Politics Reformed demonstrates how the application of political theology over three centuries has important lessons for our own dilemmas about church and state. It makes a provocative contribution to understanding foundational questions in an era of rising fundamentalism and emboldened secularism, inspiring readers to rethink the importance of religion in political theory and practice, and the role of the covenant tradition in particular.

Research Handbook on the Theory and History of International Law

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Author: Alexander Orakhelashvili

Publisher: Edward Elgar Publishing

ISBN: 0857933086

Category: Law

Page: 560

View: 711

This pioneering Research Handbook with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Given the multiplication of theoretical approaches over the last three decades, and attendant fragmentation of scholarly efforts, this edited collection presents a useful doctrinal platform that will help academics and students to see the theory and history of international law in its entirety, and to understand how interdependent various aspects of the theory and history of international law really are. Being the first comprehensive analysis of theory and history of international law, this unique book will be of great benefit to academics and students of international politics, ethics and philosophy.

Reforming the Church before Modernity

Patterns, Problems and Approaches

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Author: Louis I Hamilton,Dr Christopher M Bellitto

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409479501

Category: History

Page: 248

View: 8654

Reforming the Church before Modernity considers the question of ecclesial reform from late antiquity to the 17th century, and tackles this complex question from primarily cultural perspectives, rather than the more usual institutional approaches. The common themes are social change, centres and peripheries of change, monasticism, and intellectuals and their relationship to reform. This innovative approach opens up the question of how religious reform took place and challenges existing ecclesiological models that remains too focussed on structures in a manner artificial for pre-modern Europe. Several chapters specifically take issue with the problem of what constitutes reform, reformations, and historians' notions of the periodization of reform, while in others the relationship between personal transformation and its broader social, political or ecclesial context emerges as a significant dynamic. Presenting essays from a distinguished international cast of scholars, the book makes an important contribution to the debates over ecclesiology and religious reform stimulated by the anniversary of Vatican II.

Biblical Blaspheming

Trials of the Sacred for a Secular Age

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Author: Yvonne Sherwood

Publisher: Cambridge University Press

ISBN: 1139560514

Category: Religion

Page: N.A

View: 6312

This book explores the strange persistence of 'blasphemy' in modern secular democracies by examining how accepted and prohibited ways of talking and thinking about the Bible and religion have changed over time. In a series of wide-ranging studies engaging disciplines such as politics, literature and visual theory, Yvonne Sherwood brings the Bible into dialogue with a host of interlocutors including John Locke, John Donne and the 9/11 hijackers, as well as artists such as Sarah Lucas and René Magritte. Questions addressed include: • What is the origin of the common belief that the Bible, as opposed to the Qur'an, underpins liberal democratic values? • What kind of artworks does the biblical God specialise in? • If pre-modern Jewish, Christian and Islamic responses to scripture can be more 'critical' than contemporary speech about religion, how does this affect our understanding of secularity, modernity and critique?

Natural Law, Laws of Nature, Natural Rights

Continuity and Discontinuity in the History of Ideas

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Author: Francis Oakley

Publisher: A&C Black

ISBN: 0826417655

Category: Philosophy

Page: 143

View: 4251

Choice Outstanding Academic Title 2006 The existence and grounding of human or natural rights is a heavily contested issue today, not only in the West but in the debates raging between "fundamentalists" and "liberals" or "modernists in the Islamic world. So, too, are the revised versions of natural law espoused by thinkers such as John Finnis and Robert George. This book focuses on three bodies of theory that developed between the thirteenth and seventeenth centuries: (1) the foundational belief in the existence of a moral/juridical natural law, embodying universal norms of right and wrong and accessible to natural human reason; (2) the understanding of (scientific) uniformities of nature as divinely imposed laws, which rose to prominence in the seventeenth century; and (3), finally, the notion that individuals are bearers of inalienable natural or human rights. While seen today as distinct bodies of theory often locked in mutual conflict, they grew up inextricably intertwines. The book argues that they cannot be properly understood if taken each in isolation from the others.

Natural Rights Theories

Their Origin and Development

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Author: Richard Tuck

Publisher: Cambridge University Press

ISBN: 9780521285094

Category: History

Page: 185

View: 6884

The origins of natural rights theories in medieval Europe and their development in the seventeenth century.

Liberty and Law

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Author: Brian Tierney

Publisher: CUA Press

ISBN: 0813225817

Category: Law

Page: 380

View: 5979

Liberty and Law examines a previously underappreciated theme in legal history - the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government.

The Politics of Human Rights

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Author: Andrew Vincent

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Political Science

Page: 262

View: 4059

The Politics of Human Rights provides a systematic introductory overview of the nature and development of human rights. At the same time it offers an engaging argument about human rights and their relationship with politics. The author argues that human rights have only a slight relation to natural rights and they are historically novel: In large part they are a post-1945 reaction to genocide which is, in turn, linked directly to the lethal potentialities of the nation-state. He suggests that an understanding of human rights should nonetheless focus primarily on politics and that there are no universally agreed moral or religious standards to uphold them, they exist rather in the context of social recognition within a political association. A consequence of this is that the 1948 Universal Declaration is a political, not a legal or moral, document. Vincent goes on to show that human rights are essentially reliant upon the self-limitation capacity of the civil state. With the development of this state, certain standards of civil behavior have become, for a sector of humanity, slowly and painfully more customary. He shows that these standards of civility have extended to a broader society of states. At their best human rights are an ideal civil state vocabulary. The author explains that we comprehend both our own humanity and human rights through our recognition relations with other humans, principally via citizenship of a civil state. Vincent concludes that the paradox of human rights is that they are upheld, to a degree, by the civil state, but the point of such rights is to protect against another dimension of this same tradition (the nation-state). Human rights are essentially part of a struggle at the core of the state tradition.

First Things

A Monthly Journal of Religion and Public Life

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Author: N.A

Publisher: N.A

ISBN: N.A

Category: Religion and sociology

Page: N.A

View: 2433

Democracy and the Ethical Life

A Philosophy of Politics and Community (Second Edition, Expanded)

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Author: Claes G. Ryn

Publisher: CUA Press

ISBN: 0813207118

Category: Philosophy

Page: 245

View: 1499

This study goes to the heart of ethics and politics. Strongly argued and lucidly written, the book makes a crucial distinction between two forms of democracy