two books of the elements of universal jurisprudence natural law paper

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Two Books Of The Elements Of Universal Jurisprudence

Author : Samuel Freiherr von Pufendorf
ISBN : 0865976201
Genre : Law
File Size : 86. 84 MB
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This was Pufendorf's first work, published in 1660. Its appearance effectively inaugurated the modern natural-law movement in the German-speaking world. The work also established Pufendorf as a key figure and laid the foundations for his major works, which were to sweep across Europe and North America. Pufendorf rejected the concept of natural rights as liberties and the suggestion that political government is justified by its protection of such rights, arguing instead for a principled limit to the state's role in human life.

International Relations Section Ix Normative Theory And International Relations Section X Normative Theory And The Future Of World Order

Author : Andrew Linklater
ISBN : 0415232953
Genre : International relations
File Size : 28. 2 MB
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Natural Law Today

Author : Christopher Wolfe
ISBN : 9781498576437
Genre : Philosophy
File Size : 56. 85 MB
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Natural Law Today gives a strong voice to classical natural law theory as the best answers to the fundamental questions of ethics and as the best framework for political and social life. It explains various aspects of that theory and defends it against common misperceptions and criticisms.

The Law Of Nations

Author : Emer de Vattel
ISBN : PRNC:32101077787958
Genre : International law
File Size : 49. 41 MB
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Pure Theory Of Law

Author : Hans Kelsen
ISBN : 9781584775782
Genre : Law
File Size : 86. 63 MB
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Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.

The Science Of Right In Leibniz S Moral And Political Philosophy

Author : Christopher Johns
ISBN : 9781780936734
Genre : Philosophy
File Size : 72. 68 MB
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A new understanding of the foundations of Gottfried Leibniz's moral and political philosophy based on formal deontic principles rather than consequentialism.

Impassioned Jurisprudence

Author : Nancy E. Johnson
ISBN : 9781611486766
Genre : Literary Criticism
File Size : 82. 19 MB
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This collection of essays by scholars of the law and literature movement explores the place of the passions in English law of the eighteenth and nineteenth centuries. While some of the essays elucidate the forces of emotion in legal texts, others consider the representation of impassioned jurisprudence in literary texts. Together these essays provide insight into the foundations of modern juridical thought.

A Methodical System Of Universal Law

Author : Johann Gottlieb Heineccius
ISBN : UOM:35112103965085
Genre : International law
File Size : 63. 11 MB
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Natural Law And Natural Rights

Author : John Finnis
ISBN : 9780191021541
Genre : Law
File Size : 45. 73 MB
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First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.

Institutes Of Divine Jurisprudence

Author : Christian Thomasius
ISBN : 0865975183
Genre : Philosophy
File Size : 72. 20 MB
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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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