The Experts below are selected from a list of 141393 Experts worldwide ranked by ideXlab platform
James Farr - One of the best experts on this subject based on the ideXlab platform.
-
locke Natural Law and new world slavery
Studies on Voltaire and the Eighteenth Century Norwich, 2009Co-Authors: James FarrAbstract:This article offers a systematic reformulation of an earlier argument about Locke's practical role in and theorisation about slavery in the New World, adding attention to Indians, Natural Law and Locke's reception. It argues that Locke followed the tradition of modern Natural Law associated with Grotius in constructing a just-war theory of slavery in.
-
locke Natural Law and new world slavery
Political Theory, 2008Co-Authors: James FarrAbstract:This essay systematically reformulates an earlier argument about Locke and new world slavery, adding attention to Indians, Natural Law, and Locke's reception. Locke followed Grotian Natural Law in ...
John Finnis - One of the best experts on this subject based on the ideXlab platform.
-
Natural Law practical reason and creative information
Social Science Research Network, 2019Co-Authors: John FinnisAbstract:This paper was written for and delivered at a conference on Natural Law, Human Rights and Chinese Traditional Culture, held in Beijing by the Law School and the Institute for Human Rights of the China University of Political Science and Law, on 26-27 October 2019. Leaving unstated its probably many connections with Chinese traditional cultures, it seeks to articulate some main theses of the tradition that, owing as much (if not more) to Hebrew prophets as to Greek philosophers, is foundational for a critical appropriation and defence of authentic human rights. Leaving many important human rights unstated, it tries to identify the rational foundations for them all, in nine theses.
-
grounding human rights in Natural Law
The American Journal of Jurisprudence, 2015Co-Authors: John FinnisAbstract:Of the published reviews of Natural Law and Natural Rights, one of the most, and most enduringly, influential was Ernest Fortin's review-article "The New Rights Theory and the Natural Law" (1982). The present essay takes the occasion of that review's latest republication to respond to its main criticisms of the theory of Natural Law and Natural or human rights that is articulated in Natural Law and Natural Rights. The response deals with a number of fundamental or strategically important issues: the freedom of thought and/or the intellectual autonomy and integrity of work within an intellectual tradition that overlaps with a "faith tradition"; the hierarchies among the basic human goods; the place of virtue in the book, and the relation between rights and freedom, and rights and virtue; the unsoundness of the Straussian bifurcation between Natural right and Natural rights; whether Natural Law is only analogically Law, and the relation between moral Law and sanctions; and the possibility of true exceptionless negative moral precepts.
Hanschristoph Schmidt Am Busch - One of the best experts on this subject based on the ideXlab platform.
-
cameralism as political metaphysics human nature the state and Natural Law in the thought of johann heinrich gottlob von justi
European Journal of The History of Economic Thought, 2009Co-Authors: Hanschristoph Schmidt Am BuschAbstract:Abstract Cameralism, one of the most important currents of economic thought in German-speaking countries in the seventeenth and eighteenth centuries, assumes a systematic and comprehensive form in the works of Johann Heinrich Gottlob von Justi (1717–1771). Justi tried to ground cameralism philosophically by way of what he termed ‘political metaphysics’. This theory essentially deals with the following topics: human nature, the state, and Natural Law. The aim of the present paper is to analyse the key concepts of Justi's political metaphysics as well as the line of reasoning adopted by him. It thereby sheds new light on cameralism as political metaphysics.
Benjamin G Damstedt - One of the best experts on this subject based on the ideXlab platform.
-
limiting locke a Natural Law justification for the fair use doctrine
Yale Law Journal, 2003Co-Authors: Benjamin G DamstedtAbstract:Focusing a discussion of intellectual property on a 300-year-old text may seem unusual, but John Locke’s Two Treatises of Government has an uncommon place in American intellectual property theory. Historically, Lockean Natural rights informed the Framers’ understanding of intellectual property Law. Courts also have a long history of using Natural Law justifications in intellectual property cases. The Lockean perspective has been particularly appealing to theorists because of its ability to justify
David Boucher - One of the best experts on this subject based on the ideXlab platform.
-
the limits of ethics in international relations Natural Law Natural rights and human rights in transition
2009Co-Authors: David BoucherAbstract:Introduction 1. Classical Natural Law and the Law of Nations: The Greeks and The Romans 2. Christian Natural Law 3. Natural Law, The Law of Nations and the Transition to Natural Rights 4. Natural Rights and Social Exclusion: Cultural Encounters 5. Natural Rights: Descriptive and Prescriptive 6. Natural Rights and Their Critics 7. Slavery and Racism in Natural Law and Natural Rights 8. Nonsense Upon Stilts? Tocqueville, Idealism and the Expansion of the Moral Community 9. The Human Rights Culture and its Discontents 10. Modern Constitutive Theories of Human Rights 11. Human Rights and the Juridical Revolutions 12. Women and Human Rights Conclusion References
-
the limits of ethics in international relations Natural Law Natural rights and human rights in transition
2009Co-Authors: David BoucherAbstract:Ethical constraints on relations among individuals within and between societies have always reflected or invoked a higher authority than the caprices of human will. For over two thousand years Natural Law and Natural Rights were the constellations of ideas and presuppositions that fulfilled this role in the west, and exhibited far greater similarities than most commentators want to admit. Such ideas were the lens through which Europeans evaluated the rest of the world. In his major new book David Boucher rejects the view that Natural Rights constituted a secularisation of Natural Law ideas by showing that most of the significant thinkers in the field, in their various ways, believed that reason leads you to the discovery of your obligations, while God provides the ground for discharging them. Furthermore, the book maintains that Natural Rights and Human Rights are far less closely related than is often asserted because Natural Rights never cast adrift the religious foundationalism, whereas Human Rights, for the most part, have jettisoned the Christian metaphysics upon which both Natural Law and Natural Rights depended. Human Rights theories, on the whole, present us with foundationless universal constraints on the actions of individuals, both domestically and internationally. Finally, one of the principal contentions of the book is that these purportedly universal rights and duties almost invariably turn out to be conditional, and upon close scrutiny end up being 'special' rights and privileges as the examples of multicultural encounters, slavery and racism, and women's rights demonstrate.
