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The Secularisation of the Confessional State
Christian Thomasius (1655-1728) was a tireless campaigner against the political enforcement of religion in the early modern confessional state. In a whole series of combative disputations - against heresy and witchcraft prosecutions, and in favour of religious toleration - Thomasius battled to lay the intellectual groundwork for the separation of church and state and the juridical basis for pluralistic societies. In this text, Ian Hunter departs from the usual view of Thomasius as a natural law moral philosopher. In addition to investigating his anti-scholastic cultural politics, Hunter discusses Thomasius' work in public and church law, particularly his disputations arguing for the toleration of heretics, providing a revealing comparison with Locke's arguments on the same topic. If Locke sought to base toleration in the subjective rights protecting Christian citizens against an intolerant state, Thomasius grounded it in the state's duty to impose toleration as an obligation on intolerant citizens.
A Treatise of Legal Philosophy and General Jurisprudence
TO VOLUMES 9 AND 10 OF THE TREATISE I am happy to present here the third batch of volumes for the Treatise project: This is the batch consisting of Volumes 9 and 10, namely, A History of the P- losophy of Law in the Civil Law World, 1600–1900, edited by Damiano Canale, Paolo Grossi, and Hasso Hofmann, and The Philosophers’ Philosophy of Law from the Seventeenth Century to Our Days, by Patrick Riley. Three v- umes will follow: Two are devoted to the philosophy of law in the 20th c- tury, and the third one will be the index for the entire Treatise, which will 1 therefore ultimately comprise thirteen volumes. This Volume 9 runs parallel to Volume 8, A History of the Philosophy of Law in the Common Law World, 1600–1900, by Michael Lobban, published in 2007. Volume 10, for its part, takes up where Volume 6 left off: which appeared under the title A History of the Philosophy of Law from the Ancient Greeks to the Scholastics (edited by Fred Miller Jr. in association with Carrie-Ann Biondi, likewise published in 2007), and which is mainly a history of the p- losophers’ philosophy of law (let us refer to this philosophy as A).
Natural Law and Moral Philosophy
Providing the most comprehensive guide to modern natural law theory available, this major contribution to the history of philosophy sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment.
Beyond the Gymnasium
Beyond the Gymnasium is the first systematic effort to examine the history of the body in modern Germany. By looking into medical dietetics, walking, dancing, gymnastics, cholera, and classrooms, Heikki Lempa reconstructs the ways the middle-class body became a source of political and social autonomy and a medium of social interaction. During the first two decades of the nineteenth century, German physicians defined the middle class body as qualitatively different from the lower class body. This belief was supported by a contemporary science known as dietetics. Lempa provides a comprehensive history and analysis of this science. Beyond the Gymnasium also analyzes the social implications of c...
Institutes of Divine Jurisprudence
Christian Thomasius's natural jurisprudence is essential to understanding the origins of the Enlightenment in Germany, where his importance was comparable to that of John Locke's in England. First published in 1688, Thomasius's Institutionum jurisprudentiae divinae (Institutes of Divine Jurisprudence) attempted to draw a clear distinction between natural and revealed law and to emphasize that human reason was able to know the precepts of natural law without the aid of Scripture. Thomasius also argued that his orthodox Lutheran opponents had failed to understand this distinction and thereby had confused reason and Scripture. In addition to the Institutes of Divine Jurisprudence, this volume c...
The Cambridge History of Eighteenth-century Philosophy
This two-volume set presents a comprehensive and up-to-date history of eighteenth-century philosophy. The subject is treated systematically by topic, not by individual thinker, school, or movement, thus enabling a much more historically nuanced picture of the period to be painted.
Institutes of Divine Jurisprudence
Christian Thomasius's natural jurisprudence is essential to understanding the origins of the Enlightenment in Germany, where his importance was comparable to that of John Locke's in England. First published in 1688, Thomasius's Institutionum jurisprudentiae divinae (Institutes of Divine Jurisprudence) attempted to draw a clear distinction between natural and revealed law and to emphasize that human reason was able to know the precepts of natural law without the aid of Scripture. Thomasius also argued that his orthodox Lutheran opponents had failed to understand this distinction and thereby had confused reason and Scripture. In addition to the Institutes of Divine Jurisprudence, this volume c...
From Sin to Insanity
In the broadest treatment yet of suicide in Europe during the period 1500–1800, 11 authors combine elements of social, cultural, legal, and intellectual history to trace important changes in the ways Europeans experienced and understood voluntary death. Well into the seventeenth century, Europeans viewed suicide as a terrible crime and an unforgivable sin resulting from demonic temptation. By the late eighteenth century, however, suicide was rarely subject to judicial penalties, and society tended to blame self-inflicted death on insanity rather than on the devil. From Sin to Insanity shows that early modern Europe witnessed nothing less than the birth of modern suicide: increasing in frequency, self-inflicted death became decriminalized, secularized, and medicalized, viewed as a regrettable but not shameful result of reversals in fortune or physical or mental infirmity. The ten chapters focus on suicide cases and attitudes toward self-murder from the fifteenth to the early nineteenth centuries in geographical settings as diverse as Scandinavia and Hungary, France and Germany, England and Switzerland, Spain and the Netherlands.
Modern Historiography in the Making
At the end of the 19th century, German historical scholarship had grown to great prominence. Academics around the world imitated their German colleagues. Intellectuals described historical scholarship as a foundation of the modern worldview. To many, the modern age was an 'age of history'. This book investigates how German historical scholarship acquired this status. Modern Historiography in the Making begins with the early Enlightenment, when scholars embraced the study of the past as a modernizing project, undermining dogmatic systems of belief and promoting progressive ideals, such a tolerance, open mindedness and reform-readiness. Kasper Risbjerg Eskildsen looks at how this modernizing p...
German Political Philosophy
This book combines philosophical, intellectual-historical and political-theoretical methodologies to provide a new synoptic reading of the history of German political philosophy. Incorporating chapters on the political ideas of Luther and Zwingli, on the politics of the early Enlightenment, on Idealism, on Historicism and Lukács, on early Twentieth-Century political theology, on the Frankfurt School, and on Habermas and Luhmann, the book sets out both a broad and a detailed discussion of German political reflection from the Reformation to the present. In doing so, it explains how the development of German political philosophy is marked by a continual concern with certain unresolved and recurrent problems. It claims that all the major positions address questions relating to the origin of law, that all seek to account for the relation between legal validity and metaphysical and theological superstructures, and that all are centred on the attempt to conceptualise and reconstruct the character of the legal subject.
