The article explores the possibility of comprehending natural law, together with an alternative to the Schmittean political, through an inquiry into the layers of professional philosophy with a special focus on epistemology and analytic philosophy. The starting point of the research is the controversy surrounding the ideas of Carl Schmitt, in which it is unclear what lies at the origin of law and the political - sovereign decision or the situation (Part I)? The latter possibility directs the inquiry to the conceptual field related to natural law and epistemology. Proceeding via both diachronic and synchronic perspectives, the inquiry further analyses what has happened to natural law in modernity, and what its current status is, theorizing both streams of inquiry under the concept of political exile (Part II). The Schmittean political happens to be very much at home in this context, opening up the coherent ideological framework that may be called modern political ontology, which at first appears to camouflage Schmittean antagonistic political praxis (Part III). However, through inquiry into ideas mostly attributable to analytic philosophy (or philosophy of language), this ontology is also shown to function as an ‘anti-onto’-logy - that is, as a direct (i.e. open, not hidden) ideological basis for modern political praxis. The analysis here also discloses the rivalry inside professional philosophy in relation to ‘anti-onto’-logy, the latter finding its disciplinary origin(s) in language itself. It shows that at the level of professional philosophy there is a general trend that could be helpful in the attempt to revive natural law (Part IV).
Kooi C (2005) As in a Mirror. John Calvin and Karl Barth on Knowing God . Leiden: Brill. Van der Muelen G (1684) Dissertationes de origine juris naturalis et societatis civilis . Utrecht: Johannes vande Water. Vandervelde G (1975) Original Sin. Two Major Trends in Contemporary Roman Catholic Reinterpretation . Amsterdam: Rodopi. Van Drunen D (2010) NaturalLaw and the Two Kingdoms. A Study in the Development of Reformed Social Thought . Grand Rapids, MI: Eerdmans. Vitringa M (1762) Doctrina christianae religionis, per aphorismos summatim descripta , volume 2
Richard Hooker’s (1554-1600) adaptation of classical logos theology is exceptional and indeed quite original for its extended application of the principles of Neoplatonic apophatic theology to the concrete institutional issues of a particular time and place-the aftermath of the Elizabethan Religious Settlement of 1559. Indeed, his sustained effort to explore the underlying connections of urgent political and constitutional concerns with the highest discourse of hidden divine realities-the knitting together of Neoplatonic theology and Reformation politics-is perhaps the defining characteristic of Hooker’s distinction mode of thought. Hooker’s ontology adheres to a Proclean logic of procession and reversion (processio and redditus) mediated by Aquinas’s formulation of the so-called lex divinitatis whereby the originative principle of law remains simple and self-identical as an Eternal Law while it emanates manifold, derivative and dependent species of law, preeminently in the Natural Law accessible to human reason and Divine Law revealed through the Sacred Oracles of Scripture. For Hooker, therefore, ‘all thinges’-including even the Elizabethan constitution in Church and Commonwealth, are God’s offspring: ‘they are in him as effects in their highest cause, he likewise actuallie is in them, the assistance and influence of his deitie is theire life.’
Schmitt v. (?) Kelsen: The Total State of Exception Posited for the Total Regulation of Life
Firstly, the article focuses on the ideologies of Hans Kelsen and Carl Schmitt, which are, as a matter of stereotype, considered as being in opposition to each other. By revealing the logics of Kelsenian normativism and the conception of law presupposed therein, the paper aims at re-constructing the opposition into a generative affinity of two ideologies and showing that these two great ideological adversaries of the first half of the twentieth century could be considered co-authors of the same ideological construct. The construct could be called the total state of exception, with the inherent political holism and legal nihilism.
The second main aim of the article is to widen the scope of this insight by relating it to the applied ideas that frame our modern political world. The ideas are those of democracy and human rights, the former appearing as the form of the total state, the latter as the one possible de-former of the total state. However, the foundation - i.e. natural law - of the de-former appears to be inconceivable and, therefore, lost to the modern mind. In the end, the article attempts to show that Schmitt might have reflected on this much more fundamental aspect of legal nihilism. This reflection provides for the possibility of dissonances in his basically anthropocentric decisionism and the centralization of the problem of natural law.
-1650, Springer-Science + Business Media, Dordrecht 6. Creese, D. (2010). The Monochord in Ancient Greek Harmonic Science . Cambridge: Cambridge University Press 7. Crowe, M. B. (1977). The Changing Profile of the NaturalLaw . New York: Springer 8. Curzon, P. (1993). Jurisprudence Lecture Notes . London: Cavendish Publishing Limited 9. Damschroder, D., Williams D. R. (1990). Music theory from Zarlino to Schenker. A Bibliography and Guide . Stuyvesant: Pendragon Press 10. Donald, J. A. (2015). NaturalLaw and Natural Rights . Retreived from http
Introduction Although the concept that some rights are fundamental has become indispensable in modern American jurisprudence, relatively little research has been published on the use of the term “fundamental rights” in early American case law. Aside from a monograph and a handful of articles, the information regarding courts’ understanding of the term in the late 18th and early 19th century must be gleaned from tangential sources, such as discussion on the Privileges and Immunities Clause, the Ninth Amendment, or philosophical or historical works on naturallaw
the United States of America (Philadelphia: Hall and Sellers, 1787) Bräker, Ulrich, Lebensgeschichte und Natürliche Ebentheuer des Armen Mannes im Tockenburg, ed. H. H. Füßli (Zurich: Orell, Geßner, Füßli, 1789) Burlamaqui, Jean Jacques, Principes du droit naturel (Geneva: Barillot, 1746) Burlamaqui, Jean Jacques, Principles of NaturalLaw, translated by Mr. Nugent (London: Nourse, 1752) Burlamaqui, Jean Jacques, Principes ou élémens du droit politique (Lausanne: Grasset, 1784) Fritsch, Ahasverus, De iure lustrationis et seqvelae (Naumburg: Müller, 1670
without obedience, without the willingness to submit to
the authority of its superiors, who are responsible for the wellbeing
of the community.
Thomas grounds the moral duty of obedience in the naturallaw (ius
naturalis), which in turn is an expression of the divine order of
justice. Just as in nature the lower is moved by the higher, so too
must within the human community, the subordinate be moved by
the will of his superiors, because of their “divinely established
authority” (ex vi auctoritatis divinitus ordinatae).7 Through the
virtue of obedience, the
5, 1655/6). Plymouth’s court records report only one trial for witchcraft. In 1677 Mary Ingham was indicted for having “malliciously procured much hurt, mischeiffe, and paine unto the body of Mehittable Woodsworth … causing her … to fall into violent fitts” until she was “almost bereaued of her sences.”
Id. at 5:223. The jury found her not guilty.
See id. at 5:224. VIII Conclusion “Law” has been defined in many different ways by many different people throughout history. Aristotle, Cicero, Thomas Aquinas, and other proponents of naturallaw argued that law is
The author analyses in this paper S. Bărnuţiu’s contribution to the establishment of the legal education and to the development of the sciences of the Law in the Romanian area during the mid-19th century. Adept of the natural law philosophy, ardent promotor of human and people’s rights, Bărnuţiu remains a personality of reference in the Romanians’ history not only for being the political leader and ideologist of the Transylvanian 1848 Revolution, but also for establishing the legal education at the University of Iasi by inspiring himself from the curriculum of the profile schools of law from the Western Europe. Having a unitary conception on the law and on the history of law, considering the law from a systemic perspective, Bărnuţiu contributed into the edification of a modern, constitutional, and democratic State in the united Romanian Principalities.