Liberty Fund

Natural Law Paper

Published by: Liberty Fund

Go

Browse Books in Series:

Natural Law Paper

1 2 3 NEXT next

Results 1-10 of 26

:
:
Access Restricted no This search result is for a Book

Commentary on the Law of Prize and Booty

Hugo Grotius

The history of Commentary on the Law of Prize and Booty is complex. When Grotius’s personal papers were auctioned in The Hague in 1864, scholars discovered that Mare Liberum was just one chapter in a manuscript of 163 folios, written in justification of the capture of the Portuguese merchantman Santa Catarina in the Strait of Singapore in February 1603. Robert Fruin persuaded the scholar H. G. Hamaker to transcribe and publish it in 1868.Knud Haakonssen, the General Editor of the Natural Law and Enlightenment Classics series, states, “Grotius’s work on the right of prize and booty is unusual. It has been argued in some of the most prominent recent scholarship that the work, while never published by Grotius himself, was the intellectual resource for much of his most important work. One chapter of the manuscript was used for his famous work on the free sea, Mare Liberum, and many of the most important features of his greatest work, De Jure Belli ac Pacis (The Rights of War and Peace), are either derived from, or revised versions of, the earlier writing.”The Liberty Fund edition is based on the one prepared by Gwladys L. Williams and Walter H. Zeydel for the Carnegie Endowment for International Peace. It combines the original text and new material.Martine Julia van Ittersum is a Lecturer in History at the University of Dundee.Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

Access Restricted no This search result is for a Book

The Constitution of England

Jean Louis De Lolme

The Constitution of England is one of the most distinguished eighteenth-century treatises on English political liberty. In the vein of Charles Louis Montesquieu’s Spirit of the Laws (1748) and William Blackstone’s Commentaries on the Laws of England (1765–1769), De Lolme’s account of the English system of government exercised an extensive influence on political debate in Britain, on constitutional design in the United States during the Founding era, and on the growth of liberal political thought throughout the nineteenth century.Originally published in French in Amsterdam in 1771, The Constitution of England was the first book-length analysis of the “separation of powers” proposed in Book XI of Montesquieu’s Spirit of the Laws, which sketched an institutional distinction between the legislative, executive, and judicial branches of government.De Lolme was concerned to show the manner in which the English political system provided an alternative to the republican form of government, one which supplied both a more stable and a more extensive system of political freedom than that enjoyed in republican states. In addition, and as part of this critique, De Lolme examined the political teaching of his fellow Genevan Jean-Jacques Rousseau and repudiated Rousseau’s republican attack on England’s form of representative government.This edition takes advantage of the work of nineteenth-century editors of De Lolme’s text but provides new annotations to elucidate his numerous references to classical, medieval, and early-modern political practices, along with translations of De Lolme’s citations from sources in Latin and French.Jean Louis De Lolme (1741–1806) was born in Geneva and became an advocate there. Criticism of the political authorities led him to seek refuge in England, where he lived as an author and journalist. David Lieberman is Jefferson E. Peyser Professor of Law at the University of California, Berkeley.Knud Haakonssen Normal 0 false false false MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } <!-- /* Font Definitions */ @font-face {font-family:Garamond-BookCondensed; panose-1:0 0 0 0 0 0 0 0 0 0; mso-font-charset:0; mso-generic-font-family:swiss; mso-font-format:other; mso-font-pitch:auto; mso-font-signature:3 0 0 0 1 0;} /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-parent:""; margin:

Access Restricted no This search result is for a Book

An Elegant and Learned Discourse

Nathaniel Culverwell

An Elegant and Learned Discourse of the Light of Nature is a concerted effort at intellectual mediation in the deep religious dispute ofthe English civil war in the seventeenth century. On one side was the antinomian assertion of extreme Calvinists that the elect were redeemed by God’s free grace and thereby free from ordinary moral obligations. Opposite to that was the Arminian rejection of predestination and assertion that Christ died for all, not just for the elect. Faced with the violence of these disputes, Nathaniel Culverwell attempted a moderate defense of reason and natural law, arguing, in the words of Robert Greene, that “reason and faith are distinct lights, yet they are not opposed; they are complementary and harmonious. Reason is the image of God in man, and to deny right reason is to deny our relation to God.” Culverwell presented this understanding of the role of reason by expounding upon Proverbs 20:27, “The understanding of a man is the Candle of the Lord.”This was a favorite text among the Cambridge Platonists (Whichcote, Cudworth, Smith, and More), to whom Culverwell was close. He had obviously absorbed much also from Bacon, Grotius, and Selden. However, the most profound influence on him was that of the Spanish Jesuit Francisco Suárez’s De Legibus, ac Deo Legislatore (1612), which is also part of this series.An Elegant and Learned Discourse was delivered as a series of sermon-like lectures at Emmanuel College, Cambridge, in 1645/46 andpublished posthumously in 1652.

Nathaniel Culverwell (1619–1651) was a fellow of Emmanuel College, Cambridge.Robert A. Greene is Professor of English at the University of Massachusetts at Boston.Hugh MacCallum was Professor Emeritus of English at the University of Toronto.Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

Access Restricted no This search result is for a Book

Elements of Criticism

In Two Volumes

Henry Home

Elements of Criticism is Kames’s most influential work. When it first appeared, in 1762, it was the most comprehensive philosophical work on “criticism” in English, and it was published in five editions during Kames’s lifetime and another forty editions over the next century. In America, Elements of Criticism served as a standard text for college students of English.In Elements, Kames sets out his argument that the “science of criticism” is a “rational science”; it is “a subject of reasoning as well as of taste.” By examining human reactions to art and literature, Kames believed that we could enhance our understanding of the human mind, just as an understanding of the mind could enrich our responses to the arts. Volume one explores the nature and causes of the emotions and passions.Volume two delineates principles of rhetoric and literary appreciation, ending with a discussion of the formation of a standard of taste. Kames illustrated both volumes with a vast range of examples from classical literature and the arts of his own day.With this publication, Liberty Fund makes a modern version of this influential work available for a wide readership. The Liberty Fund edition is based on the text of the sixth edition of 1785, which was the last edition authorized by Kames himself..

Henry Home, Lord Kames (1696–1782), one of the leaders of the Scottish Enlightenment, was a judge in the supreme courts of Scotland and wrote extensively on morals, religion, education, aesthetics, history, political economy, and law, including natural law. His most distinctive contribution came through his works on the nature of law, where he sought to combine a philosophical approach with an empirical history of legal evolution.

Peter Jones is Professor Emeritus of Philosophy at the University of Edinburgh.

Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

Access Restricted no This search result is for a Book

The Elements of Moral Philosophy

David Fordyce

Though little known today, David Fordyce was an important figure in the Scottish Enlightenment and closely associated with liberal Dissenters in England. His Elements of Moral Philosophy was a notable contribution to the curriculum in moral philosophy and a widely circulated text in moral philosophy in the second half of the eighteenth century. It was first published as part of a comprehensive textbook system in 1748 and as a separate book in 1754. It is the latter that is now being reissued. The significance of The Elements is evidenced by the fact that it was included practically verbatim in the first edition of the Encyclopaedia Britannica (1771). A Brief Account, Fordyce’s opening lectures to his Marischal class of 1743/44, has never before been published.David Fordyce (1711–1751) taught at Marischal College, Aberdeen.Thomas D. Kennedy is Associate Professor of Philosophy at Valparaiso University.Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

Access Restricted no This search result is for a Book

An Essay on the Nature and Conduct of the Passions and Affections, with Illustrations on the Moral Sense

Francis Hutcheson

In An Essay on the Nature and Conduct of the Passions and Affections, with Illustrations on the Moral Sense, Francis Hutcheson answers the criticism that had been leveled against his first book Inquiry into the Original of Our Ideas of Beauty and Virtue (1725). Together the two works constitute the great innovation in philosophy for which Hutcheson is most well known. The first half of the Essay presents a rich moral psychology built on a theory of the passions and an account of motivation, deepening and augmenting the doctrine of moral sense developed in the Inquiry. The second half of the work, the Illustrations, is a brilliant attack on rationalist moral theories and is the font of many of the arguments taken up by Hume and used to this day. As editor Aaron Garrett notes, “In the Essay Hutcheson provides his crucial argument against Hobbes and Mandeville, that not just egoistic self-preservation, but also benevolence, is an essential feature of human nature.” Professor Garrett has constructed a critical variorum edition of this great work. Because there are no manuscripts of the work, this could be done only by comparing all extant lifetime editions. Three such editions exist: those of 1728, 1730 (chiefly a reprint of the 1728 edition), and 1742. The Liberty Fund edition collates the first edition with Hutcheson’s revision of 1742.Francis Hutcheson was a crucial link between the continental European natural law tradition and the emerging Scottish Enlightenment. Hence, he is a pivotal figure in the Natural Law and Enlightenment Classics series. A contemporary of Lord Kames and George Turnbull, an acquaintance of David Hume, and the teacher of Adam Smith, Hutcheson was arguably the leading figure in making Scotland distinctive within the general European Enlightenment.Aaron Garrett is Associate Professor of Philosophy at Boston University.Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

Access Restricted no This search result is for a Book

Essays on Church, State, and Politics

Christian Thomasius

The essays selected here for translation derive largely from Thomasius’s work on Staatskirchenrecht, or the political jurisprudence of church law. These works, originating as disputations, theses, and pamphlets, were direct interventions in the unresolved issue of the political role of religion in Brandenburg-Prussia, a state in which a Calvinist dynasty ruled over a largely Lutheran population and nobility as well as a significant Catholic minority. In mandating limited religious toleration within the German states, the provisions of the Peace of Westphalia (1648) also provided the rulers of Brandenburg-Prussia with a way of keeping the powerful Lutheran church in check by guaranteeing a degree of religious freedom to non-Lutherans and thereby detaching the state from the most powerful territorial church. Thomasius’s writings on church-state relations, many of them critical of the civil claims made by Lutheran theologians, are a direct response to this state of affairs. At the same time, owing to the depth of intellectual resources at his disposal, these works constitute a major contribution to the broader discussion of the relation between the religious and political spheres.

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.

Ian Hunter is Australian Professorial Fellow in the Centre for the History of European Discourses, University of Queensland.

Frank Grunert is a member of the Institute for Philosophy at the University of Giessen.

Thomas Ahnert is a Lecturer in History at the University of Edinburgh.

Knud Haakonssen is Professor of Intellectual History at the University of Sussex, England.

Access Restricted no This search result is for a Book

Essays on Principles of Morality and Natural Religion

Henry Home

The Essays is commonly considered Kames’s most important philosophical work. In the first part, he sets forth the principles and foundations of morality and justice, attacking Hume’s moral skepticism and addressing the controversial issue of the freedom of human will. In the second part, Kames focuses on questions of metaphysics and epistemology to offer a natural theology in which the authority of the external senses is an important basis for belief in the Deity.Like Shaftesbury, Hutcheson, and Butler, Kames rejected the idea that morality is founded on self-interest and argued that human beings naturally possess a “moral sense,” or conscience. At the same time, Kames believed our naturally benevolent inclinations could become law-like only through the principle of justice, which “guards the persons, the property, and the reputation of individuals, and gives authority to promises and covenants.”He also sought to counter the epistemological skepticism of Berkeley and Hume, insisting that our sense perceptions must be trustworthy because they have been designed for us by a benevolent Deity. “In its concern to vindicate the veracity of our common moral intuitions and sense perceptions that are rooted in our very nature,” Mary Catherine Moran writes, “the Essays on the Principles of Morality and Natural Religion helped found the Scottish Common Sense school,” a philosophy that was given its classic formulation by Kames’s friend Thomas Reid.The text of this volume is based on the third edition of 1779, while the appendix presents substantial variant readings in the first and second editions..

Henry Home, Lord Kames (1696–1782), one of the leaders of the Scottish Enlightenment, was a judge in the supreme courts of Scotland and wrote extensively on morals, religion, education, aesthetics, history, political economy, and law, including natural law. His most distinctive contribution came through his works on the nature of law, where he sought to combine a philosophical approach with an empirical history of legal evolution.

Mary Catherine Moran taught in the Department of History at Columbia University.

Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

Access Restricted no This search result is for a Book

The Free Sea

Hugo Grotius

The freedom of the oceans of the world and coastal waters has been a contentious issue in international law for the past four hundred years. The most influential argument in favor of freedom of navigation, trade, and fishing was that put forth by the Dutch theorist Hugo Grotius in his 1609 Mare Liberum (The Free Sea).The Free Sea was originally published in order to buttress Dutch claims of access to the lucrative markets of the East Indies. It had been composed as the twelfth chapter of a larger work, De Jure Praedae (Commentary on the Law of Prize and Booty), which Grotius had written to defend the Dutch East India Company’s capture in 1603 of a rich Portuguese merchant ship in the Strait of Singapore.Liberty Fund’s new edition of The Free Sea is the only translation of Grotius’s masterpiece undertaken in his own lifetime, left in manuscript by the English historian, Richard Hakluyt (1552–1616). It also contains William Welwod’s critique of Grotius (reprinted for the first time since the seventeenth century) and Grotius’s reply to Welwod. These documents provide an indispensable introduction to modern ideas of sovereignty and property as they emerged from the early-modern tradition of natural law.

Hugo Grotius is one of the most important thinkers in the early-modern period. A great humanistic polymath—lawyer and legal theorist, diplomat and political philosopher, ecumenical activist and theologian—his work was seminal for modern natural law and influenced the moral, political, legal, and theological thought of the Enlightenment, from Hobbes, Pufendorf, and Locke to Rousseau and Kant, as well as America’s Founding leaders.David Armitage is the Lloyd C. Blankfein Professor of History at Harvard University. He is the author of The Ideological Origins of the British Empire and The Declaration of Independence: A Global History; the editor of Theories of Empire, 1450–1800; and the co-editor of The British Atlantic World, 1500–1800,Shakespeare and Early Modern Political Thought, and The Age of Revolutions in Global Context, c. 1760–1840.

Richard Hakluyt (d. 1616) was a geographer, editor, and translator of travel literature. Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

Access Restricted no This search result is for a Book

An Historical View of English Government

John Millar

An Historical View of the English Government consists of three parts, concerned with the most substantive revolutions in English government and manners: from the Saxon settlement to the Norman Conquest, from the Norman Conquest to the accession of James I, and from James I to the Glorious Revolution. Through these three phases Millar traces the development of the “great outlines of the English constitution”—the history of institutions of English liberty from Saxon antiquity to the revolution settlement of 1689. Millar demonstrates serious concern for the maintenance of liberties achieved through revolution and maintains that the manners of a commercial nation, while particularly suited to personal and political liberty, are not such as to secure liberty forever.

The historical context that An Historical View provides makes it an excellent complement to Liberty Fund’s The Glasgow Edition of the Works of Adam Smith and The History of England by David Hume.

John Millar (1735–1801) explored, through his works, the nature of English governance through a prism of the natural law tradition and Scottish philosophical history. Millar was a student of Adam Smith’s at Glasgow University and his most important immediate intellectual heir. His works provide an essential linkage to Smith.

Mark Salber Phillips is Professor of History at Carleton University in Ottawa.

Dale R. Smith completed his doctorate in history at the University of British Columbia.

Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

1 2 3 NEXT next

Results 1-10 of 26

:
:

Return to Browse All Series on Project MUSE

Series

Natural Law Paper

Content Type

  • (26)

Access

  • You have access to this content
  • Free sample
  • Open Access
  • Restricted Access