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Jusnaturalism
Jusnaturalism or iusnaturalism is a theory of law, which holds that legal norms follow a human universal knowledge on justice and harmony of relations. Thus, it views enacted laws that contradict such universal knowledge as unjust and illegitimate. Modern theorists considered as iusnaturalists include Hugo Grotius, Immanuel Kant, Gottfried Wilhelm Leibniz, and Franz von Zeiller, among others. This school of thought became popular during the Middle Ages and the Renaissance amid the attempt to identify "the relation, if any, of the ''ius gentium'' to natural law in the Aristotelian-Thomistic sense." This issue had covered the role of God and the adequacy of reason without divine grace, among others particularly in the field of legal theory as it established the notion that natural law could exist without religion. Concept Iusnaturalism is associated with the notion of natural law proposed by Thomas Hobbes, John Locke, Baruch Spinoza, and Samuel von Pufendorf. It emerged from the ...
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Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ...
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Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ...
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Michiel Jansz Van Mierevelt - Hugo Grotius
Michiel is a Dutch masculine given name equivalent to Michael and a Venetian surname. Given name *Michiel Andrieszoon (died 1684), Dutch pirate *Michiel Bartman (born 1967), Dutch rower *Michiel Borstlap (born 1966), Dutch pianist and composer *Michiel van den Bos (born 1975), Dutch video game composer * Michiel Josias Botha (born 1947), South African diamond cutter *Michiel Bothma (born 1973), South African golfer *Michiel Braam (born 1964), Dutch jazz pianist and composer *Michiel Carree (1657–1727), Dutch painter *Michiel Coignet (1549–1623), Flemish polymath * Michiel II Coignet (1618–1663), Flemish painter, son of the above *Michiel Coxie (1499–1592), Flemish painter *Michiel Driessen (born 1959), Dutch fencer *Michiel Dudok van Heel (1924–2003), Dutch Olympic sailor *Michiel Elijzen (born 1982), Dutch road bicycle racer * Michiel G. Eman (born 1961), Aruban Prime Minister *Michiel van der Gucht (1660–1725), Flemish engraver *Michiel Hazewinkel (born 1943), Dutch ...
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Baruch Spinoza
Baruch (de) Spinoza (born Bento de Espinosa; later as an author and a correspondent ''Benedictus de Spinoza'', anglicized to ''Benedict de Spinoza''; 24 November 1632 – 21 February 1677) was a Dutch philosopher of Portuguese-Jewish origin, born in Amsterdam. One of the foremost exponents of 17th-century Rationalism and one of the early and seminal thinkers of the Enlightenment and modern biblical criticism including modern conceptions of the self and the universe, he came to be considered "one of the most important philosophers—and certainly the most radical—of the early modern period." Inspired by Stoicism, Jewish Rationalism, Machiavelli, Hobbes, Descartes, and a variety of heterodox religious thinkers of his day, Spinoza became a leading philosophical figure during the Dutch Golden Age. Spinoza's given name, which means "Blessed", varies among different languages. In Hebrew, his full name is written . In most of the documents and records contemporary with Spinoza's ...
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Philosophy Of Law
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analyti ...
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Monism
Monism attributes oneness or singleness (Greek: μόνος) to a concept e.g., existence. Various kinds of monism can be distinguished: * Priority monism states that all existing things go back to a source that is distinct from them; e.g., in Neoplatonism everything is derived from The One. In this view only the One is ontologically basic or prior to everything else. * Existence monism posits that, strictly speaking, there exists only a single thing, the universe, which can only be artificially and arbitrarily divided into many things. * Substance monism asserts that a variety of existing things can be explained in terms of a single reality or substance. Substance monism posits that only one kind of substance exists, although many things may be made up of this substance, e.g., matter or mind. * Dual-aspect monism is the view that the mental and the physical are two aspects of, or perspectives on, the same substance. * Neutral monism believes the fundamental nature of reality ...
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Francisco Suárez
Francisco Suárez, (5 January 1548 – 25 September 1617) was a Spanish Jesuit priest, philosopher and theologian, one of the leading figures of the School of Salamanca movement, and generally regarded among the greatest scholastics after Thomas Aquinas. His work is considered a turning point in the history of second scholasticism, marking the transition from its Renaissance to its Baroque phases. According to Christopher Shields and Daniel Schwartz, "figures as distinct from one another in place, time, and philosophical orientation as Leibniz, Grotius, Pufendorf, Schopenhauer and Heidegger, all found reason to cite him as a source of inspiration and influence." Life and career Francisco Suárez, who had Jewish ( converso) ancestry, was born in Granada, Andalusia (southern Spain), on 5 January 1548. After 3 years of preliminary studies from age 10 onwards, in 1561 Suárez matriculated at the University of Salamanca, and studied law. In 1564, at age sixteen, Suárez entered the ...
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Christianity
Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. It is the world's largest and most widespread religion with roughly 2.38 billion followers representing one-third of the global population. Its adherents, known as Christians, are estimated to make up a majority of the population in 157 countries and territories, and believe that Jesus is the Son of God, whose coming as the messiah was prophesied in the Hebrew Bible (called the Old Testament in Christianity) and chronicled in the New Testament. Christianity began as a Second Temple Judaic sect in the 1st century Hellenistic Judaism in the Roman province of Judea. Jesus' apostles and their followers spread around the Levant, Europe, Anatolia, Mesopotamia, the South Caucasus, Ancient Carthage, Egypt, and Ethiopia, despite significant initial persecution. It soon attracted gentile God-fearers, which led to a departure from Jewish customs, and, a ...
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Treatise On Law
''Treatise on Law'' is Thomas Aquinas' major work of legal philosophy. It forms questions 90–108 of the ''Prima Secundæ'' ("First artof the Second art) of the ''Summa Theologiæ'', Aquinas' masterwork of Scholastic philosophical theology. Along with Aristotelianism, it forms the basis for the legal theory of Catholic canon law. Aquinas' notion of law Aquinas defines a law as "an ordinance of reason for the common good, made by him who has care of the community, and promulgated." Law is an ordinance of reason because it must be reasonableLaw of Christ I, pg. 236 or based in reason and not merely in the will of the legislator. It is for the common good because the end or ''telos'' of law is the good of the community it binds, and not merely the good of the lawmaker or a special interest group. It is made by the proper authority who has "care of the community", and not arbitrarily imposed by outsiders. It is promulgated so that the law can be known. He says: Strictly spe ...
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Thomas Aquinas
Thomas Aquinas, OP (; it, Tommaso d'Aquino, lit=Thomas of Aquino; 1225 – 7 March 1274) was an Italian Dominican friar and priest who was an influential philosopher, theologian and jurist in the tradition of scholasticism; he is known within the tradition as the , the , and the . The name ''Aquinas'' identifies his ancestral origins in the county of Aquino in present-day Lazio, Italy. Among other things, he was a prominent proponent of natural theology and the father of a school of thought (encompassing both theology and philosophy) known as Thomism. He argued that God is the source of both the light of natural reason and the light of faith. He has been described as "the most influential thinker of the medieval period" and "the greatest of the medieval philosopher-theologians". His influence on Western thought is considerable, and much of modern philosophy is derived from his ideas, particularly in the areas of ethics, natural law, metaphysics, and political theory. ...
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Samuel Von Pufendorf
Samuel Freiherr von Pufendorf (8 January 1632 – 26 October 1694) was a German jurist, political philosopher, economist and historian. He was born Samuel Pufendorf and ennobled in 1694; he was made a baron by Charles XI of Sweden a few months before his death at age 62. Among his achievements are his commentaries and revisions of the natural law theories of Thomas Hobbes and Hugo Grotius. His political concepts are part of the cultural background of the American Revolution. Pufendorf is seen as an important precursor of Enlightenment in Germany. He was involved in constant quarrels with clerical circles and frequently had to defend himself against accusations of heresy, despite holding largely traditional Christian views on matters of dogma and doctrine. Biography Early life He was born at Dorfchemnitz in the Electorate of Saxony. His father Esaias Elias Pufendorf from Glauchau was a Lutheran pastor, and Samuel Pufendorf himself was destined for the ministry. Educated at the ...
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Thomas Hobbes
Thomas Hobbes ( ; 5/15 April 1588 – 4/14 December 1679) was an English philosopher, considered to be one of the founders of modern political philosophy. Hobbes is best known for his 1651 book ''Leviathan'', in which he expounds an influential formulation of social contract theory. In addition to political philosophy, Hobbes contributed to a diverse array of other fields, including history, jurisprudence, geometry, theology, and ethics, as well as philosophy in general. Biography Early life Thomas Hobbes was born on 5 April 1588 (Old Style), in Westport, now part of Malmesbury in Wiltshire, England. Having been born prematurely when his mother heard of the coming invasion of the Spanish Armada, Hobbes later reported that "my mother gave birth to twins: myself and fear." Hobbes had a brother, Edmund, about two years older, as well as a sister named Anne. Although Thomas Hobbes's childhood is unknown to a large extent, as is his mother's name, it is known that Hobbes's fat ...
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