Rights language is a fundamental feature of the modern world. Virtually all significant social and political struggles are waged, and have been waged for over a century now, in terms of rights claims. In some ways, it is precisely the birth of modern rights language that ushers in modernity in terms of moral and political thought, and the struggle for a modern way of life seems for many synonymous with the fight for a universal recognition of equal, individual human rights. Where did modern rights language come from? What kinds of rights discourses is it rooted in? What is the specific nature of modern rights discourse; when and where were medieval and ancient notions of rights transformed into it? Can one in fact find any single such transformation of medieval into modern rights discourse? The present volume brings together some of the most central scholars in the history of medieval and early-modern rights discourse. Through the different angles taken by its authors, the volume brings to light the multifaceted nature of rights languages in the medieval and early modern world.
First published in Italian in 1990, Fiammetta Palladini’s ground-breaking study of Samuel Pufendorf (1632–1694) remains one of the most important discussions of the subject to date. Now available in English for the first time, Palladini's book cuts through the existing field of Pufendorf studies, laying bare its inherited templates and tacit assumptions. Palladini is thus able to peel back the ‘Grotian’ commentary in which the great thinker had been shrouded, revealing a Pufendorf well-known in the 1680s—a formidable and dangerous natural jurist and political theorist—but doubly obscured in the 1980s and still today, by a philosophical history that flies too high to see him, and by a commentary literature that too often does not like what it sees. David Saunders’ lucid translation carries Palladini’s argument into English with maximum fidelity. Translation of: Samuel Pufendorf discepolo di Hobbes. Per una reinterpretazione del giusnaturalismo moderno (Bologna: Il Mulino, 1990).
"The Present State of Germany, one of Samuel Pufendorf's earliest and most important works, was first published in 1667 under the pseudonym Severinus de Monzambano. Its blunt, colorful, and unapologetic challenge to mainstream German constitutional law made it enormously controversial as soon as it appeared, and its author was both vilified and exalted in the acrimonious debate that followed. It became one of the most reprinted books of the late seventeenth century.
"Often considered a secularizing force in the rise of the nation state, natural law was called upon in the defence of the early-modern confessional states. The fourteen chapters of this volume show how religious and legal thought around natural and biblical law interacted and combined in the new Christian states of Lutheranism, Calvinism and Catholicism. The volume addresses also questions of political legitimacy, civic and ecclesiastical authority, societal stability, conceptions of common good, liberalism's value pluralism (and its pretence), toleration and the lingering humanist project of determining "who are we", issues that were then important as they are now. Contributors are: Dominique Bauer, Thomas Behme, Hans Blom, Jiří Chotaš, Alberto Clerici, Stefanie Ertz, Arthur Eyffinger, Heikki Haara, Mads Langballe Jensen, Adriana Luna-Fabritius, Denis Ramelet, József Simon, and Markus M. Totzeck"--
Samuel Pufendorf's significance has long been understood by students of natural law, who remember him as the architect and systematizer of the modern natural law tradition begun by Grotius. His reputation has grown as scholars have begun to explore his influence on the Enlightenment, classical liberalism, and modern jurisprudence. Demonstrating how it is possible to live with political authority and why it is not possible to live well without it, Pufendorf's political philosophy remains most pertinent for anyone who wonders about the ethical legitimacy and practical necessity of the modern state. The Political Writings of Samuel Pufendorf presents the basic arguments and fundamental themes of the political and moral thought of Samuel Pufendorf with selections from the texts of his two major works, Elements of Universal Jurisprudence and The Law of Nature and of Nations. These two works have been brought together to make Pufendorf's moral and political thought more accessible with a new English translation, the first for both works in roughly sixty years. In this volume, Craig L. Carr, the editor, and Michael J. Seidler, the translator, have developed a volume that is comprehensive and representative of Pufendorf's thought without being repetitive, fragmented, or obscure. Contemporary students of politics and philosophy can find in Pufendorf an alternative to liberal individualism built upon a distinctive vision of human sociality.