Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

This volume not only provides the first critical edition with an English translation of the famous correspondence of Nicholas of Autrecourt , but also an assessment of his views and the views of those to whom the letters were addressed.

Challenges the picture according to which Islamic culture during the European middle ages served as a passive conduit of ancient Greek sources to the Latin West, along with the conjoined conception that the Islamic achievement in science was a mere reflection, and perhaps a dim one, of earlier Greek achievements. Against this view, this article argues for the "naturalization" of science in the classical Islamic context in a way that allowed for distinctive achievements in their own right.

In this article we study the development of the mathematical theorem, now known as the T Couple, and discuss the difference between its plane and spherical applications.

1. Hobbes-Gay.--2. Hume-Bentham and Index.

The late Shlomo Pines (1908-1990) was this century's outstanding historian of Islamic philosophy and science. This volume offers, for the first time in English. Pines' doctoral dissertation on Islamic atomism; the German version appeared in 1936. Pines presents the atomic theories of matter, time and space, as they are found in the literature of kalam, as well their exposition in the writings of Abŭ Bakr al - Râzî; and then investigates in detail possible sources in the Greek, Indian, and other (...) traditions. The present publication incorporates a few revisions which Pines himself had made in a draft translation. A number of the texts, which Pines consulted in the manuscript, have since been published, and some important studies on the kalam have appeared. Nonetheless, it can be stated in confidence that, sixty years after its first publication, Pines' monograph is till today the most significant work on the subject. (shrink)

In this book, Buckle provides a historical perspective on the political philosophies of Locke and Hume, arguing that there are continuities in the development of seventeenth and eighteenth-century political theory which have often gone unrecognized. He begins with a detailed exposition of Grotius's and Pufendorf's modern natural law theory, focussing on their accounts of the nature of natural law, human sociability, the development of forms of property, and the question of slavery. He then shows that Locke's political theory takes up (...) and develops these basic themes of natural law. The author argues further that, rather than being a departure from this tradition, the moral sense theory of Hutcheson and Hume represents a not entirely successful attempt to underpin the natural law theory with an adequate moral psychology. (shrink)

The central debate of natural theology among medieval Muslims and Jews concerned whether or not the world was eternal. Opinions divided sharply on this issue because the outcome bore directly on God's relationship with the world: eternity implies a deity bereft of will, while a world with a beginning leads to the contrasting picture of a deity possessed of will. In this exhaustive study of medieval Islamic and Jewish arguments for eternity, creation, and the existence of God, Herbert Davidson provides (...) a systematic classification of the proofs, analyzes and explains them, and traces their sources in Greek philosophy. Throughout the study, Davidson tries to take into account every argument of a philosophical character, disregarding only those arguments that rest entirely on religious faith or which fall below a minimal level of plausibility. (shrink)

This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...

Natural philosophy encompassed all natural phenomena of the physical world. It sought to discover the physical causes of all natural effects and was little concerned with mathematics. By contrast, the exact mathematical sciences were narrowly confined to various computations that did not involve physical causes, functioning totally independently of natural philosophy. Although this began slowly to change in the late Middle Ages, a much more thoroughgoing union of natural philosophy and mathematics occurred in the seventeenth century and thereby made the (...) Scientific Revolution possible. The title of Isaac Newton's great work, The Mathematical Principles of Natural Philosophy, perfectly reflects the new relationship. Natural philosophy became the 'Great Mother of the Sciences', which by the nineteenth century had nourished the manifold chemical, physical, and biological sciences to maturity, thus enabling them to leave the 'Great Mother' and emerge as the multiplicity of independent sciences we know today. (shrink)

Fred Miller offers a controversial reappraisal of the Politics, suggesting that nature, justice, and rights are central to Aristotle's political thought. He sheds new light on Aristotle's relation to modern natural rights theorists, and to the current liberalism-communitarianism debate.

The ArgumentYehuda Halevi'sKuzariwas written in response to the challenge posed to Judaism by a highly spiritual, nondenominational philosophy. Science, especially that embodied in the Hellenistic heritage, was a major component of philosophy; thus, if for no other reason than to make Judaism a serious competitor, Halevi had to show that the Jewish tradition as well possessed a body of scientific knowledge. The superiority of the Jewish teachings was demonstrated chiefly by appeal to the criteria of tradition, consensus, and authority, which, (...) in Halevi's judgement, were in practice the criteria most influential in deciding scientific opinion. Despite the rather unique setting for the book, and the wide range of stances Halevi develops, theKuzariwas rather quickly and smoothly absorbed into the mainstream of Jewish religious thought. (shrink)

This work approaches international law as more than merely information contained in international legal norms, & does not view international law as a body of ...

This comprehensive study of Aristotle's Politics argues that nature, justice, and rights are central to Aristotle's political thought. Miller challenges the widely held view that the concept of rights is alien to Aristotle's thought, and presents evidence for talk of rights in Aristotle's writings. He argues further that Aristotle's theory of justice supports claims of individual rights that are political and based in nature.

Presents a survey of what Arabic philosophers, as commentators of Aristotle's _Physics_, have contributed to philosophy and science in the Middle Ages. Their influences on each other and the extent of the influences of previous Greek commentators on them, are also examined.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.3 (2001) 381-399 [Access article in PDF] Permissive Natural Law and Property: Gratian to Kant Brian Tierney In his Doctrine of Right Kant set out to formulate a theory of property that would be based on purely rational argumentation, that would abstract "from all spatial and temporal conditions," and that would be applicable to any person, "merely because and insofar as he is (...) free and has practical reason." But from the time when the work first appeared Kant scholars have found many difficulties in the teaching that he presented. Many of them relate to the idea of permissive natural law that Kant introduced at a key point to his argument.In a previous, complementary article I discussed in detail various apparent aporias that arose in Kant's treatment of this concept and suggested that we might understand his problems better by setting them in a broader historical context than those considered in standard works like those of Reinhard Brandt and Wolfgang Kersting. 1 This is the theme that I want to explore further in the present paper.To sum up briefly some of the difficulties in the Doctrine of Right: A central problem for Kant was to explain how rightful possession of individual property could emerge from a hypothetical state of nature where everything was common to all, where everyone had a right to everything. His argument was grounded on a concept of freedom understood as "a pure rational concept." Kant maintained that every person had an innate right to freedom and from this he deduced a universal law of Right: "[S]o act externally that the free use of your choice can coexist with the freedom of everyone." 2 But the person who first seized for himself what had been common to all evidently did encroach on the freedom of others (their freedom to use the property that had been taken). [End Page 381]To address this problem Kant formulated a "postulate of practical reason" concerning property. Citing the Roman law doctrine of res nullius he argued that external things could in principle be acquired. 3 Then he restated the postulate as a permissive law that obliged others to respect the claim of a first occupant. "This postulate can be called a permissive law (lex permissiva) of practical reason which gives us an authorization... to put all others under an obligation, which they would not otherwise have...." 4 But to put others under an obligation is to encroach on their freedom, which would be a violation of the universal law of Right. For Kant, laws that could be discerned by reason alone without promulgation by a legislator, were understood to be natural laws. 5 The universal law of Right and the permissive law of practical reason were both laws of this kind. It seems therefore that natural law contradicted itself. It prohibited and permitted an action at the same time.Other difficulties arose as the argument proceeded. Kant repeatedly asserted that rightful possession must depend on consent expressed in "a collective general (common) and powerful will," "a will that is united originally and a priori"; 6 but he acknowledged that such a general will would not exist in a state of nature before the institution of civil society and that an act of original acquisition would necessarily proceed from a unilateral will. "But the will that a thing is to be mine... can be only unilateral." 7 And yet Kant also wrote, "By my unilateral choice I cannot bind another to refrain from using a thing, an obligation he would not otherwise have." 8 Kant never did explain how a permissive law, allowing a person to act unilaterally, could impose an obligation on others.In my earlier discussion of Kant's work I indicated that it might be fruitful to approach these difficulties by investigating some previous ways of using the language of permissive natural law, especially as it related to the origin of property rights. There is indeed a whole earlier tradition of thought to be considered. An investigation of this material... (shrink)

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

To say ‘mysticism versus philosophy’ in the context of Islamic civilization means something far different from what it has come to signify in the West, where many philosophers have looked upon mysticism as the abandonment of any attempt to reconcile religious data with intelligent thought. Certainly the Muslim mystics and philosophers sometimes display a certain mutual opposition and antagonism, but never does their relationship even approach incompatibility.

Moses Maimonides, scholar, physician, and philosopher, was the most influential Jewish thinker of the Middle Ages. In this magisterial new biography, the work of many years, Herbert Davidson provides an exhaustive guide to Maimonides' life and works. After considering Maimonides' upbringing and education, Davidson expounds all of his voluminous writings in exhaustive detail, with separate chapters on rabbinic, philosophical, and medical texts. This long-awaited volume is destined to become the standard work on this towering figure of Western intellectual history.

In some passages Scotus seems to endorse a thoroughgoing voluntarism, holding not merely that the moral law is established entirely by God's will, but even that there is no reason why God wills in one way rather than another. In other passages, however, Scotus insists that reason plays an important role in morality—that right reason is an essential element in the moral goodness of an action, and that moral truth is accessible to natural reason. -/- Many commentators have supposed that (...) these two views are incompatible, and so they have seen only three options for interpreting Scotus: (i) one can simply concede that Scotus is inconsistent, (ii) one can deny that Scotus in fact allows reason a place in morality, or (iii) one can deny that Scotus is really a thoroughgoing voluntarist. We can find all three of these views in print. By laying out Scotus's view of the role of reason in morality and showing how it coheres with his voluntarism, I show that there is in fact no difficulty here. (shrink)

Die Entdeckung der Aristotelischen Politica muss als einschneidendes Ereignis in der Geschichte der politischen Theorien im Mittelalter verstanden werden. Gleich nach dem Erscheinen der ersten vollständigen Übersetzung wurde dieses Werk von der gelehrten Welt des Abendlandes mit grossem Interesse studiert und kommentiert. Die berühmtesten politischen Werke des späten Mittelalters, wie der Bestseller De regimine principum von Aegidius Romanus oder die äusserst kontroversen Bücher wie die Monarchia von Dante oder der Defensor pacis von Marsilius von Padua basieren weitgehend auf der mittelalterlichen (...) Rezeption der Aristotelischen Politica. Von zentraler Bedeutung für das Verständnis politischer Theorien im 13. und 14. Jahrhundert sind natürlich auch die Kommentare zu diesem Werk. Weit über hundert Kommentare sind von circa 1270 bis 1500 überliefert. Sie zeigen, wie die politische Philosophie des den mittelalterlichen Verhältnissen angepasst werden musste und auf welche Weise das erste Mal im Abendland an der Universität politische Wissenschaft gelehrt wurde. Der zweite Teilband enthält ein Verzeichnis der Kommentare zur Politica and Yconomica im genannten Zeitraum. Besondere Aufmerksamkeit wird dabei den Kommentaren in Quaestionenform gewidmet, von denen jeweils auch die Tabula quaestionum ediert wird. (shrink)

The English Franciscan, William of Ockham (c. 1285-1349), was one of the most important thinkers of the later middle agesThis book provides a coherent account of Ockham's aims and the principles operating in all his political works.