scholarly journals Koncepcje suwerenności i prawa do oporu w De iure regni apud Scotos („O władzy królewskiej wśród Szkotów”) George’a Buchanana

2018 ◽  
Vol 70 (1) ◽  
pp. 187-224
Author(s):  
Maciej Wilmanowicz

The aim of the article is to analyze the concept of sovereignty and the right of revolution laid down by the Scottish humanist George Buchanan in his dialogue “De jure regni apud Scotos” (“A dialogue, concerning the due privilege of government in the kingdom of Scotland”) in 1567. These concepts were grounded in the context of both philosophical and anthropological views of Buchanan himself. The paper presents Buchanan’s views pertaining to human nature and natural law. Moreover, it shows how deeply these notions influenced the shape of his concepts of authority, community, law as well as of their mutualinterdependence. The article also highlights the ambiguous character of the institutional dimension of the Scotsman’s theory and, at the same time, it emphasizes the coherence of his political and legal philosophy.

2002 ◽  
Vol 9 ◽  
pp. 275
Author(s):  
Carlos LÓPEZ BRAVO

In the history of Legal Philosophy, natural law concept, reflected in both two first chapters of the Letter of San Pablo to the Romans, means the birth of a new Iusnaturalism. This concept takes roots in the greco-roman classic thought and is based on the new anthropological dimension that provides Christianity. From the Apostle critical view regarding the mosaic law, we can analyse the idea of a nonwritten law that flows from human nature. This law is born in men's heart and works for grace and true justice, represented by Gospel. In addition this natural law constitutes an unequivocal test of the existence of a natural ethics and a theology based on reason.


Author(s):  
Arthur Ripstein

This chapter articulates the Kantian approach to private law. It begins by explaining the aims and ambitions of Kantian legal philosophy more generally and, in particular, introducing the Kantian idea that a particular form of thought is appropriate to a particular domain of inquiry or conduct. The chapter situates the Kantian view within a broad natural law tradition. For the part of that tradition that Immanuel Kant develops, the moral structure of natural law is animated by a conception of personal interaction that is so familiar as to be almost invisible. Despite its centrality to both morality and law, in the absence of legal institutions, this natural law is inadequate to its own principles. It requires legal institutions to render it fully determinate in its application consistent with everyone’s independence. It also requires public institutions of adjudication. The chapter further looks at Kant’s “division” of private rights, distinguishing first between the innate right that everyone has simply in virtue of being human and acquired rights that require an affirmative act to establish them. It then goes through the Kantian division of the titles of private right, situating them in relation to the distinction between persons and things. Finally, the chapter articulates the Kantian account of what might be called the naïve theory of remedies—that is, that the remedy is an imperfect continuation of the right that was violated.


2021 ◽  
pp. 1-17
Author(s):  
Alejo José G. Sison ◽  
Dulce M. Redín

In 1538–39 Francisco de Vitoria delivered two relections: De Indis and De iure belli. This article distills from these writings the topic of free trade as a “human right” in accordance with ius gentium or the “law of peoples.” The right to free trade is rooted in a more fundamental right to communication and association. The rights to travel, to dwell, and to migrate precede the right to trade, which is also closely connected to the rights to preach, to protect converts, and to constitute Christian princes. This has significant repercussions on the field of business ethics: the right to free trade is ultimately founded directly on natural law and indirectly on divine law; trade is not independent of ethics; and trade is presented as an opportunity to develop the virtues of justice and friendship, among other repercussions. Vitoria is portrayed as a defender of private initiative and free markets.


2015 ◽  
Vol 22 (1-2) ◽  
pp. 45-81 ◽  
Author(s):  
Andrew F. March

This essay discusses an important feature of much modern Islamic writing on law, politics and morality. The feature in question is the claim that Islamic law and human nature (fiṭra) are in perfect harmony, that Islam is the “natural religion” (dīn al-fiṭra), and thus that the demands of Islamic law are easy and painless for ordinary human moral capacities. My discussion proceeds through a close reading of the Moroccan independence leader and religious scholar ʿAllāl al-Fāsī (d. 1974). I discuss the ambiguities within Fāsī’s theory and suggest that the natural religion doctrine might be better understood less as a reduction of Islamic law to “natural law” and more as an apologetic effort to defend the realism and feasibility of Islamic law. In the hands of reformers like Fāsī, this project is beset with unresolved ambiguities around the constraining quality of revealed law in practice and the moral validity of non-Islamic political and ethical systems.



2008 ◽  
Vol 4 (2) ◽  
pp. 274-301 ◽  
Author(s):  
K.M. Schönfeld

Doubts about the traditional, positivistic interpretation of Montesquieu's ‘bouche de la loi’-text – Reading Montesquieu in his historical context – England and France: judge made law and parlementaire ideology – Natural law context – Lex animata, lex loquens: King versus judge – The Ciceronian and English background of the ‘bouche de la loi’ – The Fronde and les Mazarinades – George Buchanan, Sir Edward Coke and Calvin's Case


2016 ◽  
Vol 28 (4) ◽  
pp. 523-534
Author(s):  
Jean Rhéaume

At least two important consequences follow from the fact that human rights are based on human nature. First, they exist according to natural law even in cases where positive law does not recognize them. Secondly, they cannot evolve because the nature and purpose of the human being does not change: only their formulation and level of protection in positive law can vary according to the socio-historical context.


2014 ◽  
Vol 67 (4) ◽  
pp. 414-435 ◽  
Author(s):  
Jennifer A. Herdt

AbstractRecent scholarship has done much to uncover a continuous tradition of distinctively Reformed natural law reflection, according to which knowledge of the natural moral law, though not saving knowledge, is universally available to humanity in its fallen state and makes a stable secular order possible. A close look at Calvin's understanding of natural law, and in particular of conscience and natural human instincts, shows that Calvin himself did not expect the natural law to serve as a source of substantive action-guiding moral norms. First, Calvin held that conscience delivers information concerning the moral quality even of individual actions. But he also thought that we often blind ourselves to the deliverances of conscience. Second, he argued that our natural instincts predispose us to civic order and fair dealing insofar as these are necessary for the natural well-being or advantage of creatures such as ourselves. But he also carefully distinguished the good of advantage from the good of justice or virtue. The modern natural lawyers eroded Calvin's careful distinction between conscience as revealing our duty as duty, and instinct as guiding us towards natural advantage. They also turned away from Calvin's insistence on the moral incapacity of unredeemed humanity. The modern natural lawyers saw their task as one of developing an empirical science of human nature to guide legislation and shape international law, bracketing questions of whether this nature was fallen and in need of redemption. When Scottish Presbyterian Reformed thinkers, such as Gershom Carmichael and John Witherspoon, tried in diverse ways to restore eroded Reformed commitments to the science of human nature, about which they were otherwise so enthusiastic, they were not particularly successful. A science which could derive moral norms from an examination of human instincts, and a conscience which could deliver universal moral knowledge, proved too attractive to decline simply because of the transcendence of God or the fallenness of humankind. Those who wished to preserve an account of natural law which remained faithful to a fully robust set of Reformed theological commitments could do so only by refusing to regard the natural law as a positive source of moral knowledge.


2016 ◽  
Vol 23 (2) ◽  
pp. 465-480 ◽  
Author(s):  
Domitilla Vanni

Purpose This paper aims to analyse the evolution of European anti-money laundering discipline passing from the First Money Laundering Directive 91/308/EEC, that was only referred to banks and financial intermediaries, that has been furthermore extended to some activities and professions outside the financial sector. The research examines the different steps done buy Italian Legislation in the field of economic crime: at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), they transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, that has implemented Directive 2001/97/EC. Now it is urgent to implement Directive 2005/60/EC that has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Design/methodology/approach This paper deals with the Legislations of some European States (in particular UK and Italy) interpreting them by a comparative method. Findings This paper has put in clear some differences and some analogies between national legislations of different countries. Research limitations/implications In Italy, at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), has transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, has implemented Directive 2001/97/EC. In 2005, Directive 2005/60/EC has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Practical implications In the context of economic crime, capital investigations represent one of the most effective tools to fight the activities of organized crime in the phase of managing wealth illicitly produced and its immission in the circuit of the legal economy. Social implications The need of fighting economic crime must always be harmonized with the protection of right to privacy that has been acknowledged by Article 8 of the European Convention of Human Rights of 1950 as a fundamental right. Originality/value This paper develops the need to balance the right to privacy of every European citizen (Article 8 CEDU) with investigative power exercised by Public or Private Authorities, considering the possibility to comprise the first – if necessary – to allow the regular exercise of the second.


2017 ◽  
Vol 7 (2) ◽  
pp. 1-17 ◽  
Author(s):  
Fabienne Peter

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights that do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm.


2021 ◽  
Author(s):  
Polina Ratnichkina

This research seeks to find effective ways to communicate returnable packaging campaigns to consumers through product labelling. This is an important line of inquiry as more and more countries are rolling out regulations that penalize companies for their wasteful practices. Knowing how to encourage people to engage with returnable packaging campaigns will be of great interest to future marketers and sustainability practitioners. This research uses experimental approach with the use of online questionnaires showcasing different label messages. Results show that the conventional method of tapping into the altruistic side of human nature with guilt-inducing messages is ineffective for the population at large. Embracing the self-enhancing, gain-seeking, pain-eliminating side of human nature results in a bigger pro-environmental behaviour change. Making the process of “doing the right thing” easier resulted in the higher willingness to return an empty milk bottle among participants when compared to financial rewards, social modelling, and justification.


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