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.
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.
This unique collection presents texts in international relations from Ancient Greece to the First World War. Major writers such as Thucydides, Augustine, Aquinas, Machiavelli, Grotius, Kant and John Stuart Mill are represented by extracts of their key works; less well-known international theorists including John of Paris, Cornelius van Bynkershoek and Friedrich List are also included. Fifty writers are anthologised in what is the largest such collection currently available. The texts, most of which are substantial extracts, are organised into broadly chronological sections, each of which is headed by an introduction that places the work in its historical and philosophical context. Ideal for both students and scholars, the volume also includes biographies and guides to further reading.
The 2001 issue of the Yearbook deals with the problem of international justice. What is the meaning of "justice" in the age of globalisation? In which sense can the "right" provide for criteria that make it possible to afford conflicts in international relations? Which new interpretative standards do turn out to be introduced within domestic law by international dimension? This issue of Ars interpretandi tries to answer these questions as well as other ones, according to an interdisciplinary view, which examine their implications in law, ethics, politics, economics and religion.
The Law of Nations and Natural Law 1625-1800 offers innovative studies on the development of the law of nations after the Peace of Westphalia. This period was decisive for the origin and constitution of the discipline which eventually emancipated itself from natural law and became modern international law. A specialist on the law of nations in the Swiss context and on its major figure, Emer de Vattel, Simone Zurbuchen prompted scholars to explore the law of nations in various European contexts. The volume studies little known literature related to the law of nations as an academic discipline, offers novel interpretations of classics in the field, and deconstructs ‘myths’ associated with the law of nations in the Enlightenment.
The open access publication of this book was financially supported by the Swiss National Science Foundation. This volume sheds new light on modern theories of natural law through the lens of the fragmented political contexts of Italy in the eighteenth and nineteenth centuries, and the dramatic changes of the times. From the age of reforms, through revolution and the ‘Risorgimento’, the unification movement which ended with the creation of the unified Kingdom of Italy in 1861, we see a move from natural law and the law of nations to international law, whose teaching was introduced in Italian universities of the newly created Kingdom. The essays collected here show that natural law was not only the subject of a highly codified academic teaching, but also provided a broader conceptual and philosophical frame underlying the ‘science of man’. Natural law is also a language wherein reform programmes of education and of politics have taken form, affecting a variety of discourses and literary genres. Contributors are: Alberto Clerici, Vittor Ivo Comparato, Giuseppina De Giudici, Frédéric Ieva, Girolamo Imbruglia, Francesca Iurlaro, Serena Luzzi, Elisabetta Fiocchi Malaspina, Emanuele Salerno, Gabriella Silvestrini, Antonio Trampus.
The World We Want compares the future world that Enlightenment intellectuals had hoped for with our own world at present. In what respects do the two worlds differ, and why are they so different? To what extent is and isn't our world the world they wanted, and to what extent do we today still want their world? Unlike previous philosophical critiques and defenses of the Enlightenment, the present study focuses extensively on the relevant historical and empirical record first, by examining carefully what kind of future Enlightenment intellectuals actually hoped for; second, by tracking the different legacies of their central ideals over the past two centuries. But in addition to documenting the significant gap that still exists between Enlightenment ideals and current realities, the author also attempts to show why the ideals of the Enlightenment still elude us. What does our own experience tell us about the appropriateness of these ideals? Which Enlightenment ideals do not fit with human nature? Why is meaningful support for these ideals, particularly within the US, so weak at present? Which of the means that Enlightenment intellectuals advocated for realizing their ideals are inefficacious? Which of their ideals have devolved into distorted versions of themselves when attempts have been made to realize them? How and why, after more than two centuries, have we still failed to realize the most significant Enlightenment ideals? In short, what is dead and what is living in these ideals?
In this provocative and readable volume, eleven leading constitutional authorities challenge "business as usual" in American foreign policymaking. For far too long, they contend, Americans have acquiesced to presidential claims to sweeping executive powers in foreign affairs—thanks to imperial-minded presidents, a weak-willed Congress, and neglectful scholars. These authors forcefully argue that the president is not the supreme crafter of foreign policy and that Congress must provide more than a rubber stamp for the president's agenda. Unilateral presidential control of foreign relations, they warn, can pose a grave threat to our nation's welfare and is simply without constitutional warrant. Combining constitutional theory with keen historical insights, these authors illuminate the roots of presidential abuse of executive power and remind us of the past and potential costs of such disregard for our unique system of checks-and-balances. An essential guide for all concerned citizens and members of Congress, this volume should help revive a proper understanding of this crucial dimension of American democracy.
NAMED ONE OF THE BEST BOOKS OF THE YEAR BY KIRKUS REVIEWS One of our most renowned and brilliant historians takes a fresh look at the revolutionary intellectual movement that laid the foundation for the modern world. Liberty and equality. Human rights. Freedom of thought and expression. Belief in reason and progress. The value of scientific inquiry. These are just some of the ideas that were conceived and developed during the Enlightenment, and which changed forever the intellectual landscape of the Western world. Spanning hundreds of years of history, Anthony Pagden traces the origins of this seminal movement, showing how Enlightenment concepts directly influenced modern culture, making possible a secular, tolerant, and, above all, cosmopolitan world. Everyone can agree on its impact. But in the end, just what was Enlightenment? A cohesive philosophical project? A discrete time period in the life of the mind when the superstitions of the past were overthrown and reason and equality came to the fore? Or an open-ended intellectual process, a way of looking at the world and the human condition, that continued long after the eighteenth century ended? To address these questions, Pagden introduces us to some of the unforgettable characters who defined the Enlightenment, including David Hume, the Scottish skeptic who advanced the idea of a universal “science of man”; François-Marie Arouet, better known to the world as Voltaire, the acerbic novelist and social critic who challenged the authority of the Catholic Church; and Immanuel Kant, the reclusive German philosopher for whom the triumph of a cosmopolitan world represented the final stage in mankind’s evolution. Comprehensive in his analysis of this heterogeneous group of scholars and their lasting impact on the world, Pagden argues that Enlightenment ideas go beyond the “empire of reason” to involve the full recognition of the emotional ties that bind all human beings together. The “human science” developed by these eminent thinkers led to a universalizing vision of humanity, a bid to dissolve the barriers past generations had attempted to erect between the different cultures of the world. A clear and compelling explanation of the philosophical underpinnings of the modern world, The Enlightenment is a scintillating portrait of a period, a critical moment in history, and a revolution in thought that continues to this day. Praise for The Enlightenment “Sweeping . . . Like being guided through a vast ballroom of rotating strangers by a confiding insider.”—The Washington Post “Fascinating.”—The Telegraph (London) “A political tract for our time.”—The Wall Street Journal “For those who recognize the names Hegel, Hume, Rousseau, Kant, Voltaire, and Diderot but are unfamiliar with their thought, [Anthony] Padgen provides a fantastic introduction, explaining the driving philosophies of the period and placing their proponents in context. . . . Padgen’s belief that the Enlightenment ‘made it possible for us to think . . . beyond the narrow worlds into which we are born’ is clearly and cogently presented.”—Publishers Weekly (starred review) “The Enlightenment really does still matter, and with a combination of gripping storytelling about colorful characters and lucid explanation of profound ideas, Anthony Pagden shows why.”—Steven Pinker, author of The Better Angels of Our Nature and The Blank Slate
