Based on papers from sessions held at the International Congress on Medieval Studies in Kalamazoo, Mich. from 1979 to 1981.

THE opening paragraph of the Declaration of Independence invokes, as every American should know, "the Laws of Nature and of Nature’s God." The import of this invocation may be discerned by examining the appeals to natural law in the polemical literature of the American revolutionary period against the background of natural law/natural rights philosophy in the seventeenth and eighteenth centuries, on the one hand, and, on the other hand, within the particular historical context of events constituting the (...) American Revolution. The phrase "the Laws of Nature and of Nature’s God" in the Declaration is revealing. It simplifies what had, in earlier times, been referred to as "fundamental law," omitting and de-emphasizing, however, some rather essential elements. Historically, fundamental law had always been esteemed to be a law superior to statutory or positive law. Unless the latter conforms to the former, it is not valid, and invalid positive laws are null and void, so that there is no obligation to obey them. In the history of British jurisprudence, which includes colonial American jurisprudence, fundamental law embraced divine law, natural law, the British constitution beginning with Magna Carta, common law, and the colonial charters. Appeals to fundamental law were made when protesting statutory or positive laws and decrees. Thus the Declaration and Resolves of the First Continental Congress in October, 1774, invokes "the immutable laws of nature, the principles of the British constitution, and the several charters and compacts" as the moral, rational, and ultimate legal basis for protesting alleged British encroachments on American rights. Yet less than two years later, the Declaration of Independence, abandoning the British constitution and dissolving the political band—the charters and compacts—between Great Britain and America, rests simply on "the Laws of Nature and of Nature’s God.". (shrink)

In 'Yeogi (禮記)', the Chinese scriptures of Confucianism, they recoded the solar calendar of modern viewpoints. According to the ancient document, the 24 solar terms was one of seasonal divisions in a year. The regularly change of the four seasons play an important part in the national economic project. For a national economy depended on agriculture in East Asia of ancient times, the administration to pay no regard to the change of the season was directly connected to the fall of (...) the nation. And then the legislator must enact laws to reflect the change of the season. According to the 'Wolryeong (月令)' in 'Yeogi (禮記)', there is recoded national regulations to suit with the each twelve momth. The first month of spring is the prime of the year (February). The month shows sign of new livingthings. The ruler take order to protect the first breath of spring and ought to put a ban on the military training and labor mobilization. The reasons are to safeguard the new life and not to interrupt the preparation for farming. Confucian attach value to the nature within a human’s way of life. Therefore the norm of human do correlate closely with the principle of nature. The rule of Wuju (宇宙) was not a simple concept of the natural phenomenon and Cheon (天) was not the Almighty for himself. Cheon was just the existence of virtue and moral influence in the confidence of man. And Ji (地) was the Mother of all things. In this space man had to manage the world in sympathy with the process of cheonJi (天地); Cheonsi (天時), JIri (地利), Inhwa (人和). (shrink)

In this paper I critically examine the key normative claim of the so-called ‘new Natural Law ethics’, namely, the claim that being alive, in the biological sense of the word, has an intrinsically valuable standing. This claim is at the basis of the absolute condemnation of all acts aiming at destroying such a good. After explaining the meaning of this fundamental normative claim, I engage in a dialectical argument between the suicidal person and the new Natural Law ethicists (...) in order to show that, despite the reluctance of new Natural Law ethicists to argue in favour of the intrinsically valuable standing of life, such argument is absolutely necessary. Finally, I critically examine the arguments that have been adduced to support it and reject them. (shrink)

In an unpublished paper of 1693 John Locke weighed in on the ongoing debate in the English Parliament by declaring that there should be a “general naturalization” of all immigrants currently residing in England. His argument for this controversial policy was entirely economic and based on promoting England's interest in achieving greater wealth. He wrote nothing about the interests of the immigrants (most of whom were escaping religious persecution) nor did he appeal to the moral and political theory he had (...) so strongly proposed in Second Treatise of Government, published only a few years earlier in 1690. In this paper I look closely at the concepts of community and law in the state of nature and conclude that if Locke had employed the fundamental principles developed in Second Treatise he would have endorsed a far more radical policy that would have permitted the immigration and eventual naturalization of persons on humanitarian grounds. The application of these principles have important consequences for contemporary debates in the United States Congress and in other wealthy countries about the extent of the obligation to provide relief to foreigners who are escaping religious persecution, war, enslavement, hunger, and natural disaster. (shrink)

The question of the role of science in the development of our society, and the role of the social sciences in particular, loomed large in the decisions of the 23rd Congress of the CPSU. This was a consequence of the tasks posed by the present stage of the building of communism. The proceedings and decisions of the Congress emphasized the rapid advance of science, its increasing influence upon all aspects of the material and intellectual life of society, and the need (...) to assure high rates of scientific and technological progress on the basis of the growth of all branches of knowledge and the extensive introduction of the achievements of science into industry. In the Report of the Central Committee of the CPSU to the Congress, considerable attention was given to the social sciences, upon which the party is now placing even greater responsibility. "The elaboration of important problems in economics and politics, philosophy and sociology, history and law, and in other social sciences, in close association with the practical work of the building of communism," said L. I. Brezhnev, "is a most important task for Soviet scholars." Further, he emphasized: "The development of the social sciences and the introduction of their recommendations in practice play no less important a role than the employment of the achievements of the natural sciences in the sphere of material production and the development of the intellectual life of the people" . These statements call for thorough consideration. (shrink)

Once Zheng Xuan, a man of Han dynasty, made notations of “Yiwei”, he said: “The word ‘change’ contains three meanings: the first is simplifying, the second is transformation, and the third is unchanging ”, thus called to “three changes”. The wording “three changes” is able to be the different explanations of “Zhouyi”, and also can be understand to three meanings of the word “change” in “Zhouyi”. Everywhere in the nature, and in nature science, there are incalculable examples about “three changes”. (...) The process of “simplifying”, it is that nature science obtains the principles by means of summing up the multitudinous complex spontaneous phenomena. There is “the fundamental of thinking economy”, and “Aucum razor” in the west, then they emphasize to wipe off the miscellaneous and keep up the simple, and to eliminate the false and retain the true. Therefore, it can say where there is no “simplifying”, there is no nature science. “Transformation” means movement and change. This is the essentiality of the nature. From the biggest such as the universe to the smallest such as cells, all these are the outcomes of evolution, and are changing continueously. Physics researching from static objects to dynamic objects, and mathematics calculation from the constant to the variable, all of these studies are closing up to the essentiality of the natural “transformation” nearer and nearer. If there is no “transformation”, nature science world stop, and the nature world be deathly stillness. “Unchanging” means that the static state exists in the dynamic state, and the constant exists in the variation. The various theorems and laws, such as the theorem of constant of light velocity and the law of conservation of energy, are the summation and accumulation of the regularities of which the relative stabilization is kept in changeable movement. Various kinds of equation are all linked by equal-sign, and based on the condition recognizing which the two sides is equal constantly. Therefore the calculation of the relations between matter characteristics can be set up. Otherwise, not only the nature world be disorder and unsystematic, but also the science world have no laws to go by. (shrink)

Throughout his career David Hull has sought to bring the philosophy of science into closer contact with science and especially with biological science (Hull 1969, 1997b). This effort has taken many forms. Sometimes it has meant ‘either explaining basic biology to philosophers or explaining basic philosophy to biologists’ (Hull 1996, p. 77). The first of these tasks, simple as it sounds, has been responsible for revolutionary changes. It is well known that traditional philosophy of science, modeled as it was on (...) theoretical physics, proved inadequate when philosophers turned their attention to biological science. Biological examples have driven major revisions of accounts of reduction (Hull 1974; Schaffner 1993, Ch. 9), laws of nature (Beatty et al. 1997), theories (Lloyd 1988) and natural kinds (Wilson 1999, Part III). Nor is explaining basic philosophy to biologists a task to be looked down upon. It is useful, not because philosophy has all the answers, but because scientists must think about how to do science, that is doing philosophy of science and scientists frequently reinvent philosophical views with known flaws. Early in his career Hull found biological systematists in the grip of a crude operationalism about scientific concepts and said so in the pages of Systematic Zoology (Hull 1968). For the next thirty years, as biologists debated the nature of species and the correct principles of classification, Hull added a philosophical note at the same congresses and in the same journals (Hull 1970, 1976, 1980, 1997a, 1999). (shrink)

In this book, Westphal offers an original interpretation of Hegel's moral philosophy. Building on his previous study of the role of natural law in Hume's and Kant's accounts of justice, Westphal argues that Hegel developed and justified a robust form of civic republicanism. Westphal identifies, for the first time, the proper genre to which Hegel's Philosophical Outlines of Justice belongs and to which it so prodigiously contributes, which he calls Natural Law Constructivism, an approach developed by Hume, Rousseau, (...) Kant, and Hegel. He brings to bear Hegel's adoption and augmentation of Kant's Critique of rational judgment and justification in all non-formal domains to his moral philosophy in his Outlines. Westphal argues that Hegel's justification for the standards of political legitimacy successfully integrates Rousseau's Independence Requirement into the role of public reason within a constitutional republic. In these regards, Hegel's moral and political principles are progressive not only in principle, but also in practice. Hegel's Civic Republicanism will be of interest to scholars of moral philosophy, social and political philosophy, philosophy of law, Hegel, eighteenth- and nineteenth-century philosophy. (shrink)

This volume contains eleven essays dealing with the question of how to face the current challenges of globalization. The essays included in this volume were originally presented at the Renvall Institute for Area and Cultural Studies, University of Helsinki, Finland, on the occasion of the Sixth World Congress of the International Society for Universal Dialogue (ISUD) Presents Keynote addresses or prize-winning papers from the Congress Central theme explores the need to rethink our concepts of nature, culture, and freedom in an (...) age of increased globalization Topics examined range from global justice, international law, and human rights to ecoterrorism, cultural relativism, and the challenges of autonomy. (shrink)

This paper combines two ideas: (1) That the Lewisian best system analysis of lawhood (BSA) can cope with laws that have exceptions (cf. Braddon-Mitchell in Noûs 35(2):260–277, 2001; Schrenk in The metaphysics of ceteris paribus laws. Ontos, Frankfurt, 2007). (2) That a BSA can be executed not only on the mosaic of perfectly natural properties but also on any set of special science properties (cf., inter alia, Schrenk 2007, Selected papers contributed to the sections of GAP.6, 6th international congress (...) of the society for analytical philosophy. Mentis, Paderborn/Münster, 2008; Cohen and Callender in Philos Stud 145:1–34, 2009, Erkenntnis 73:427–447, 2010). Bringing together (1) and (2) results in an analysis of special science ceteris paribus laws. (shrink)

Law is a powerful force in human civilization. The growth and stability in society are generally linked with the gradual development of a system of legal rules, in addition to the instruments for their regular and effective enforcement. Law can be used to protect or harm the interest of man. This dimension raises the issue of the ‘validity of law’. The legal positivists posit that law is a ‘moral-neutral’ entity, and once it is enacted by the appropriate authority, it cannot (...) be adjudged immoral or unjust, by any standard outside the province of the law in question. The valid law for the legal positivists is law as enacted by the appropriate authority within agiven legal system. The Naturalists think otherwise. Cicero for instance believes that the validity of law is rooted on right reason in agreement with nature. In this paper I am more persuaded by the arguments of the Naturalists. I however present liberally the standpoints of the two opposing schools of thought – The naturalists and the positivists, with emphasis on the works of John Kelsen, Justice Homles, Cicero and Aquinas. (shrink)

In Finnis´s methodology it is very important to build the appropriate concepts to describe, analyse and define law. As a natural law theorist Finnis goes beyond Hart when considering that the internal point of view is useless for delimiting what law is if one does not define the internal point of view of the internal point of view, that is, the moral point of view. Only from a moral point of view it is possible, according to Finnis, to build (...) an authentic theory of law able not only to describe law but also to morally evaluate it. In Finnis methodology there is also the distinction between the focal and peripheral meanings of a term or concept, whichcorrespond, respectively, to the central and peripheral or secondary cases of and object referred by such term or concept. Because of this distinction Finnis is able to use a wide concept of law avoiding in this way many of the mistakes, which, according to legal positivism, are typical of natural law theories like, for example, confusing legal and moral validity. The importance given by Finnis to the internal point of view and the distinction between central and peripheral cases in order to analyse law is not original but Finnis introduces some particularities, which is what I try to present in this paper. (shrink)

In John Locke's Two Treatises of Government, the state of nature, and more particularly natural man, are created within the tradition of natural law. Several commentators, such as James Tully and Karl Olivecrona, have recognized this legacy in Locke's political thought.1 While providing an analysis of Locke's thought in relation to natural law, such studies, however, have not fully examined the global context within which both the Two Treatises and seventeenth-century natural law developed. Consequently the extent (...) to which natural law theorists, such as Hugo Grotius and Samuel Pufendorf, were influenced by the colonial interests of their particular countries of origin has been largely overlooked. The development of natural law theory, which can be traced back to the time of Cicero and beyond, is transformed during the sixteen hundreds by the need to answer new questions posed, both on sea and land, by the expanding colonial empires of Europe. Thus, in considering the natural law theorists who influenced Locke, it will be necessary to examine how colonialism influenced both the questions which were posed and the answers that were given. (shrink)

hugo grotius was lavishly praised by his successors in the protestant natural law tradition for having been the first to make “any great Progress in the Knowledge of the true fundamental Principles of the Law of Nature, and the right Method of explaining that Science.”1 Wildly influential in his own time, historians of philosophy have found it difficult to determine what, if anything, is innovative in Grotius’s moral theory.2 Scholarly assessments of Grotius’s place in the history of ethics have (...) been hampered by pervasive disagreement about what his views on natural law actually are.This article provides new ammunition to those who hold that Grotius was an innovative and systematic moral thinker in his... (shrink)

New Proposals for New Questions Nuevas propuestas para nuevas cuestiones In six sections, the volume deals with different questions of political philosophy. The first section focuses on democratic theories, the second on conceptual debates, discussing topics such as collective rights, the terrorist phenomenon, Libertarianism and conceptions of freedom. In a third section on contemporary debates, perspectives on sovereignity and legitimacy as well as discourse theory versus political liberalism are discussed. The volume also features essays on democracy and law, and in (...) a section entitled oJudicial construction of democracyo papers on constitutional reviews by judges in the Netherlands as well as the construction of democracy in the context of Latin-American democracies. Finally, in the last section the volume deals with the European Constitutional Treatise, analysing the arguments and examining the legitimacy crisis and the main objections displayed against this treatise. Contents I. On Democratic theory / Teoria de la democracia: Eerik Lagerspetz: The Problem of the Common Good in Democratic Theory Sergiy Maksymov: The Kantian Project of the Law Governed Society and New Democracies II. Conceptual debates / Debates conceptuales: Martin Blanchard: Recognition and the Case of Indigenous Reparations: A Habermasian Critique of Habermas Bronik Matwijkiw: The failed Model of Terrorism Susumu Morimura: The Libertarian View of Human Nature Jonathan E. Soeharno: Freedom as Second Nature. Exploring the value of Hegel's concept of Autonomous Personality for Global institutional theory Hashimoto Tsutomu: On the Concept of Positive and Negative Liberty III. Contemporary debates / Debates contemporaneos: Terhi Kiiskinen: Sovereignty Revisited: On Inalienable Constitutional Power Luiz B. Leite Araujo: A Decade of Debate: Discourse Theory versus Political Liberalism IV. Democracy and law / Democracia y derecho: Kenneth E. Himma: Does it really mather whether a Judicial Decision is morally Legitimate? The practical implications of Judicial Illegitimacy in a otherwise Legitimate State Carl Lebeck: Commitments, Rules and the limits of Constitutionalism Oliver W. Lembcke: Exception Rules? Freedom and the Order in a State of Exception Bart van Klink: Does Necessity knows no Laws? Application of Law in a State of Exception Costanza Margiotta: Ideas and Values of the oLegalo State Jiri Priban: Constitution-Making. Morality and Legal Symbolism: on Identity, Temporality and Differentiation of the legal, political and moral Systems V. Judicial construction of democracy / Construccion judicial de la democracia: Maurice Adams: Judging the Constitution: the Third Way. Some reflections on the introduction of Constitutional Review by Judges in The Netherlands Larry Alexander: What is the Problem of Judicial Review? Roberto Corona Copado: Las reglas del juego democratico. La Suprema Corte de Justicia de Mexico en la solucion de controversias entre organos del poder politico desde 1995 Jose de J. Ibarra Cardenas: La construccion judicial de la Democracia en Iberoamerica VI. Deliberation on European constitutional norm / Deliberacion sobre la nueva constitucion europea: Olaf Tans: Deliberating European Constitucional Norms. An Analysis of arguments Carla M. Zoethout: The Court and the Charter or Who Guards the Court of Justice of the EU under the new Constitution?. (shrink)

What makes ethical accounts natural law ethical is, I argue, commonly misrepresented in teaching within much of the philosophical academy. Yet those immersed in the field of natural law and ethics rarely give definitions/brief characterisations of what makes ethical accounts natural law ethical. I suggest theoretical reasons for the lack. I argue that bringing natural law into ethics is best understood as leading to theoretically unitary accounts, not simply collections of positions detachable from each other: an (...) overlooked and significant point when defending natural law ethical accounts. My arguments throughout rely on the metaethical/normative ethical distinction, which is relatively little used in the natural law literature. I argue that the distinction helps clarify what is distinctive of natural law ethical accounts in general, especially to the secular contemporary philosophical academy, where appreciation of natural law ethical accounts is commonly appreciably lower than in philosophical contexts with a religious ethos. (shrink)

Central parts of the natural law theories of Grotius and Pufendorf assume that persons by nature have individual realms of their own, violations of which constitute a wrong. This is the basis for their accounts of promises, ownership and reactions against wrongs. These accounts are significantly independent of any assumption that a superior being imposes obligations: rather, the individuals themselves create obligations by their own acts of will. The translator's introducton draws attention to the author's relation to Hägerström, and (...) remarks briefly on related points in Ames, Köhler and Georges Davy. (shrink)

This essay combines information on the recent ISUD Sixth World Congress Humanity at the Turning Point: Rethinking Nature, Culture, and Freedom and some reflections inspired by presentations and discussions at the congress. It is focused on the presentation of one of the keynote speakers, Karl-Otto Apel, entitled “Discourse Ethics, Democracy, and International Law: Toward a Globalization of Practical Reason”. Apel argued that the transcendental-pragmatic foundation of morality serves as the ultimate basis for the universal conception of law, e.g., of human (...) rights. It establishes the transcendental basis of the idea of democracy, and at the same time establishes a regulative principle for a possible critique of the democratic states. Apel discussed the question of a political order of law able to represent the idea of human rights. In his approach to it, he referred to Kant’s idea of “a federation of free states” (as opposite to a “world state”) in the solution of the problem of a cosmopolitan system He noticed the tension between two orientations of international law: one towards “human rights” and hence a cosmopolitan law of single citizens and the other towards the sovereignty of single states. He asserted that the universal conception of law cannot be reduced to the legislative autonomy of any state. Consequently, the universal conception of human rights cannot be adequately realized either by particular democratic states or by a world state as a despotic superpower. Apel concluded that an adequate institution for the current debate regarding the issues of global peace and security can only be a federation of nations like the UN, the meta-institution of global discourse and the political representation of international law. At the heart of the essay is Kant’s cosmopolitan ideal and its relevance for today’s discussions about peace and security. Attention is paid to the attempts to rethink Kant by Karl-Otto Apel, Jürgen Habermas, Jaques Derrida, Martha Nussbaum, and David Held, among others. Some of the authors indicate the tension between the sovereignty ofstates and the universality of human rights. Other authors criticize cosmopolitanism as overly unifying in contrast to the socio-cultural diversity of societies. The essay draws a contrast between two tendencies concerning international relations. One is the current neoconservative course toward American domination throughout the world. An alternative to this is the philosophers’ call for “the cosmopolitan model of democracy” and strengthening the network of transnational grass-roots movements and international institutions, including the UN. (shrink)

Roman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a foundational (...) role with regard to his conception of subjective natural rights. Grotius made use of Roman law and Roman ethics in order to submit a normative case for a rights-based just war in the East Indies. His conception of a law of nature was originally conceived to apply a theory of compensatory justice to the high seas of Southeast Asia, envisaged as a natural state lacking political authority. Eventually, however, this argument was to reveal its anti-absolutist implications, and contributed—by virtue of its applicability to individuals, private entities and commonwealths alike—to the emergence of a rights-based constitutionalism. This article discusses Grotius's early treatise De iure praedae commentarius and its offshoot Mare liberum, which already contained an inchoate version of subjective natural rights, as well as the elaborate natural rights doctrine which can be found in Grotius's early Theses LVI and in the Defensio capitis quinti maris liberi, a defense of the fifth chapter of Mare liberum, written around 1615 and directed against the Scottish jurist William Welwod's attack on Mare liberum. (shrink)

This book looks at the development of the idea of toleration into something like its modern shape in the early enlightenment period and its consequences on the ways in which states treat religion. Essays discuss a range of thinkers and challenge both their image and that of the early enlightenment as the seedbed of liberal modernity.

In line with its influence, Emer de Vattel’s Le droit des gens (1757) is most often conceptualised in terms of far-reaching political intentions and epochal intellectual developments. However, the core axioms of the work constitute a surprisingly exact application of Vattel’s philosophical premises, developed within the highly specific traditions of Swiss Calvinism and the école romande of natural law, integrating Leibnizian influences. The present article provides basic context for this claim by excavating two early debates that Vattel intervenes upon (...) as an apologist for Leibniz: first, Vattel demonstrates an adherence to non-fatalist Leibnizian metaphysics when countering Swiss anti-Leibnizians in 1737–1741 and, second, in 1747 Vattel develops Leibnizian-Wolffian moral philosophy in response to Barbeyrac’s vindication of Pufendorfian voluntarism. These interventions point toward an evolving but systematic philosophical substratum, which I claim can also be found, mutatis mutandis, in Vattel’s account of the law of nations. Thus, whether applying natural law to people or states, Vattel considers both to be (moral) persons who naturally prioritise duties to themselves, this principle of self-interested utility conceived of as coterminous with altruistic virtue, and, by consequence, belonging to a universal society of moral actors. (shrink)

This article makes a moral argument for universal access to health care and for the legitimate function of government to guarantee that access. Constructed as a reply to the libertarian argument against universal access, this article utilizes the moral and political theory of John Locke, favored by libertarianism, to develop a Lockean argument for a view contrary to the libertarian philosophy. In particular, the argument here shows how libertarianism’s neglect of a crucial element of the natural-law tradition, to which (...) Locke adhered, not only undercuts the libertarian objection to universal access to health care but also underwrites an alternative argument in favor of such. (shrink)