The rise of constitutional self-government in early modern Europe, I argue, owes much to a nationalist liberation narrative pioneered by French Huguenot François Hotman in Francogallia (1573). In response to appeals by absolutist thinkers to Ro- man law, which put the power of the king beyond legal or constitutional restraint, Hotman wove together tales of the heroism of ancient Gauls and Franks wresting their native liberties back from the Romans with a theory of constitutionally limited government grounded in the common (...) law of France. This type of narrative was adapted by Dutch and English thinkers who sought to defend constitutionalism in their respective countries. Through this examination of early modern liberation narratives, I argue we can gain insight on the relationship between nationalism and resistance to autocratic governments and the formation of regimes consistent with the principles of constitutional self-government. (shrink)

When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for instance (...) the right to punish, entering the European civil code through Pufendorf, and remaining to this day. This is a topic of considerable importance at a time at which the UK is considering scrapping the European Union, with all the attendant the legal ramifications. But strangely, despite some acknowledgement of Hobbes’s contribution to European civil law, and specifically the German civil code, the larger legal context for his thought has not thus far been systematically addressed. -/- Key words: Hobbes, civil law, common law, jurisprudence, ‘artificial reason’, natural law, sovereignty,. (shrink)

In 20th century's European theory of education there was little interest in philosophy of democracy. John Dewey's Democracy and Education was translated in nearly everyEuropean language but did not become the center of discussion.Even ``radical education'' was much more child-centered thanopen to radical questions of political democracy. This articlediscusses the problem in two respects, first the tension betweenneo-liberalism's concept of individuality and public education,and second the future problems of a theory of ``democraticeducation'' after Dewey. The aim is to overcome traditionalEuropean (...) dualisms like that of ``citizen'' or ``man''i.e. to pave the way for a post-Rousseauian theory of education. (shrink)

Commentators have found Hobbes's translation of Thucydides? history puzzling. It was Hobbes's first publication and it preceded his earliest political treatise by more than a decade. Although towards the end of his life Hobbes himself claimed that he published it in order to warn his compatriots of the dangers of democracy and demagoguery, some commentators have dismissed his explanation as an attempt to tie it to his own political theory, in hindsight. Through an examination of Hobbes's preface and essay on (...) the life and history of Thucydides, published alongside his translation, this paper shows that Hobbes's view of Thucydides and his usefulness remained consistent throughout. Siding with Plutarch, Hobbes valued Thucydides for his ability to turn the auditor into a spectator, thereby protecting him, as far as possible, from the dangers of demagoguery. (shrink)

The author argues that Thomas Hobbes anticipates a set of questions about meaning and semantic order that come to fuller expression in the 20th century, in the writings of W.V.O. Quine, Ludwig Wittgenstein, Donald Davidson, Jacques Derrida, and Richard Rorty. Despite their different points of departure, these 20th-century writers pose a number of profound questions about the conditions for the stability of meaning, and about the conditions that govern the use of the term “language” itself. Though the more recent debate (...) benefits from a set of philosophical tools unavailable in the seventeenth century, the author further argues that Hobbes performs a number of maneuvers in his texts from which his 20th-century successors would profit. (shrink)

This paper argues that many philosophical arguments within the education discourse are too little embedded in their own historical contexts. Starting out from the obvious fact that philosophers of education use sources from the past, the paper asks how we can deal with the arguments that these sources contain. The general attitude within philosophy of education, which views arguments as timeless, is being challenged by the insight that arguments always depend upon their own contexts. For this reason, citing past authors, (...) heroes, or enemies without respecting the context says more about our interest at the present time than it does about the times of the authors examined. Conversely, the contextual approach helps us to avoid believing that ‘timeless truths’ are to be found in different texts of different ages. However, the present contribution in no way advocates a total relativization of statements. Quite the contrary; it claims that the contextual approach helps us to understand the traditions and contexts within which we ourselves, as researchers, are positioned. And this self‐awareness is believed to be the proper starting position for theoretical statements about education. (shrink)

Foucault and Skinner have each offered influential accounts of the emergence of the state as a defining element of modern political thought. Yet the two accounts have never been brought into dialogue; this non-encounter is made more interesting by the fact that Foucault's and Skinner's accounts are at odds with one another. There is therefore much to be gained by examining this divergence. In this article I attempt this task by first setting out the two accounts of the state, and (...) then some of the methodological strictures each thinker has suggested. I argue that the divergence between Foucault's and Skinner's accounts of the state is indeed driven by differences in method, as we might expect; but I also argue that these differences in method can themselves be well explained by the differing political motivations each thinker has at times articulated. Thus it is possible to make politics, and not method, the privileged point of this reconciliation. (shrink)

RÉSUMÉ : Afin de circonscrire lescepticisme qui lui paraît miner l'entreprise métaphysique des Lumières, il est apparu nécessaire au Kant de la période critique de répondre à trois formes de scepticisme : au scepticisme baylien, qui s'interroge sur la capacité de la raison à parvenir à définir une vérité en rapport avec les idées de cette même raison; au scepticisme humien, ce qui le conduit à distinguer la question soulevée par Hume de son scepticisme pour parvenir à dégager la possibilité (...) de jugements synthétiques a priori; et au scepticisme cartésien, qui met en jeu le lien entre concepts empiriques et choses du monde extérieur. L,'analyse du traitement qu'il en propose montre que le scepticisme joue un rôle fondamental au sein de l'entreprise critique si bien qu'il peut être considéré comme un allié possible afin de rabattre les prétentions du dogmatisme idéaliste.ABSTRACT: In his critical period, Kant thought that scepticism was a threat to the metaphysical enterprise of Enlightenment. He consequently tried to tackle three of its species: Baylean scepticism, which doubts that reason could establish any truth concerning its ideas; Humean scepticism, which must be distinguished from Hume's formulation of the problem if we want to show that synthetic a priori judgements are possible; and Cartesian scepticism, which puts in doubt the reference of empirical concepts to things in the external world. Kant's treatment reveals the fundamental role played by scepticism in his critical enterprise not only as a tripIe challenge to the critical project, but also as an ally against idealist dogmatism. (shrink)

Hugo Grotius (1583-1645) [Hugo, Huigh or Hugeianus de Groot] was a towering figure in philosophy, law, political theory and associated fields during the seventeenth century and for hundreds of years afterwards. His work ranged over a wide array of topics, though he is best known to philosophers today for his contributions to the natural law theories of normativity which emerged in the later medieval and early modern periods. This article will attempt to explain his views on the law of nature (...) and related issues while simultaneously providing some broader assessment of his place in the history of ideas. (shrink)

This article develops a line of theorising the relationship between peace, war and commerce and does so via conceptualising global juridical relations as a site of contestation over questions of economic and social justice. By sketching aspects of a historical interaction between capitalist accumulation, natural rights and state hegemony, the article offers a critical account of the limits of liberal international law, and attempts to recover some ground for thinking about the emancipatory potential of international law more generally.

The pantheon of seventeenth-century European philosophy includes some remarkably heterodox deities, perhaps most famously Spinoza’s deus-sive-natura. As in ethics and natural philosophy, early modern philosophical theology drew inspiration from classical sources outside the mainstream of Christianized Aristotelianism, such as the highly immanentist, naturalistic theology of Greek and Roman Stoicism. While the Stoic background to Spinoza’s pantheist God has been more thoroughly explored, I maintain that Hobbes’s corporeal God is the true modern heir to the Stoic theology. The Stoic and Hobbesian (...) gods are necessitarian, entirely corporeal, and thoroughly intermixed with ordinary bodies, while also supremely intelligent, providential, and good. And both gods serve as the ultimate source of diversity and change in a material world divested of Aristotelian forms and causes. Unfortunately, scholars on both sides of the long debate about the sincerity of Hobbes’s theism have not taken very seriously his late articulation of a corporeal theology. One probable reason for this dismissive attitude is a lack of thorough investigation of the historical precedents for such an unusual godhead available to Hobbes. The first part of this article attempts to establish a close congruence between the Stoic and Hobbesian gods. The second part traces the likely sources for Hobbes’s Stoic theology in his intellectual context. (shrink)

La posición de Grocio respecto a la guerra es considerada en este artículo como un intento de mediación entre el realismo político y el moralismo pacifista. Aunque la guerra es una consecuencia inevitable del conflicto permanente en las relaciones humanas, puede ser ajustada a los principios y reglas del derecho natural común a los hombres y del derecho de gentes resultante del consenso entre los pueblos. En consecuencia, Grocio expone las condiciones de justificación de la guerra y propone reglas de (...) conducta en la guerra. Sin embargo, persiste una tensión insuperable entre las pretensiones normativas de la moral y el derecho, por un lado, y la lógica de la fuerza propia de la guerra, por otro. (shrink)