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Natural Law and Civil Sovereignty: Moral Right and State Authority in Early Modern Political Thought


ISBN13: 9780333964590
ISBN: 0333964594
Published: July 2003
Publisher: Palgrave Macmillan
Country of Publication: UK
Format: Hardback
Price: £44.99



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In this text, research by leading international scholars is brought to bear on the role of early modern natural law doctrines in reconstructing the relations between moral right and civil authority in the face of profound religious and political conflict. In addition to providing fresh insights into the hard-fought struggle to legitimate a desacralised civil order, the book also shows the degree to which the legitimacy of the modern secular state remains dependent on this decisive set of developments.

Subjects:
Jurisprudence
Contents:
Preface - Notes on the Contributors - Introduction; I.Hunter & D.Saunders - PART I: NATURAL LAW AND CIVIL AUTHORITY - The Rule of the State and Natural Law; B.Kriegel - The Moral Conservatism and Natural Rights; K.Haakonssen - Pufendorf's Doctrine of Sovereignty and its Natural Law Foundations; T.Behme - PART II: THE STRUGGLE OVER CHURCH AND STATE - Natura naturans: Natural Law and the Sovereign in the Writings of Thomas Hobbes; C.Condren - Probability, Punishments and Property: Richard Cumberland's Sceptical Science of Sovereignty; J.Parkin - The Prince and the Church in the Thought of Christian Thomasius; T.Ahnert - PART III: NATURAL LAW AND THE LIMITS OF SOVEREIGHNTY - Civil Sovereignty and the King of Kings: Barbeyrac on the Creator's Right to Rule; P.Korkman - Sovereignty and Resistance; F.Grunert - From the Virtue of Justice to the Concept of Legal Order; D.H?ning - PART IV: NATURAL LAW AND SOVEREIGNTY IN CONTEXT - Natural Law and the Construction of Political Sovereignty in Scotland 1660-1690; C.Jackson - Self-Defence in Statutory and Natural Law; R.von Friedeburg - PART V: EARLY MODERN THOUGHT AND MODERN POLITICS - Hobbes and Pufendorf on Natural Equality and Civil Sovereignty; K.Saastamoinen - Natural Law, Sovereignty, and International Law; P.Schr?der - Property, Territory and Sovereignty; D.Ivison - Pufendorf and the Politics of Recognition; M.J.Seidler