Select Works of Edmund Burke Volume 1
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Unjust Law As a Justification for Civil Disobedience
Mgbakoigba: Journal of African Studies, Volume 4, 2015. UNJUST LAW AS A JUSTIFICATION FOR CIVIL DISOBEDIENCE Arinze Agbanusi Department of Philosophy Nnamdi Azikiwe University Awka. Introduction Laws are bodies of rules for human conduct. They are meant to guide human actions, indicating those that are permitted or accepted and those that are prohibited, which performance attracts one form of punishment or the other. Laws are supposed to guide the behavior of citizens of a nation. A nation without laws is like a vehicle without wheels. Without laws people cannot live peacefully together as there will be the problem of reconciling conflicting human rights. As Thomas Hobbes pointed out in his theory of the state, when man was alone, there was no need for laws. The need for laws was necessitated by the increase in human population, to help reconcile naturally conflicting rights of different individuals. It is therefore expected that citizens should obey laws, to avoid an anarchical state where jungle justice (the principle of survival of the fittest) operates. According to Hobbes, the commonwealth was formed because men had a foresight of their own preservation, and thus had to find a way of averting that miserable condition of war and strife which are natural consequences of ever conflicting human rights. For John Locke, the main aim of forming the commonwealth (government) is the preservation of the „Property‟ of Citizens. Since the commonwealth and laws were created for the noble sake of the preservation of life and property, through the avoidance of war and uncertainties; it behooves on all citizens to obey the laws of the state or nation. -
De Búrca Rare Books
De Búrca Rare Books A selection of fine, rare and important books and manuscripts Catalogue 141 Spring 2020 DE BÚRCA RARE BOOKS Cloonagashel, 27 Priory Drive, Blackrock, County Dublin. 01 288 2159 01 288 6960 CATALOGUE 141 Spring 2020 PLEASE NOTE 1. Please order by item number: Pennant is the code word for this catalogue which means: “Please forward from Catalogue 141: item/s ...”. 2. Payment strictly on receipt of books. 3. You may return any item found unsatisfactory, within seven days. 4. All items are in good condition, octavo, and cloth bound, unless otherwise stated. 5. Prices are net and in Euro. Other currencies are accepted. 6. Postage, insurance and packaging are extra. 7. All enquiries/orders will be answered. 8. We are open to visitors, preferably by appointment. 9. Our hours of business are: Mon. to Fri. 9 a.m.-5.30 p.m., Sat. 10 a.m.- 1 p.m. 10. As we are Specialists in Fine Books, Manuscripts and Maps relating to Ireland, we are always interested in acquiring same, and pay the best prices. 11. We accept: Visa and Mastercard. There is an administration charge of 2.5% on all credit cards. 12. All books etc. remain our property until paid for. 13. Text and images copyright © De Burca Rare Books. 14. All correspondence to 27 Priory Drive, Blackrock, County Dublin. Telephone (01) 288 2159. International + 353 1 288 2159 (01) 288 6960. International + 353 1 288 6960 Fax (01) 283 4080. International + 353 1 283 4080 e-mail [email protected] web site www.deburcararebooks.com COVER ILLUSTRATIONS: Our front and rear cover is illustrated from the magnificent item 331, Pennant's The British Zoology. -
Montesquieu, Methodological Pluralism and Comparative Constitutional Law 481
Montesquieu, Methodological Pluralism and Comparative Constitutional Law 481 Montesquieu, Methodological Pluralism and Comparative Constitutional Law Lorenzo Zucca* Montesquieu’s lessons for modern comparative constitutional law – The Spirit of the Laws – The textual bias of normative constitutionalism – The utility of other disci- plines to comparative constitutional law – Constitutions as more than mere texts Introduction Modern comparative constitutional law begins in Esfahan, the old capital of Iran, in a majestic seraglio, where some of the most beautiful women are held captive. Uzbek, an Iranian prince, set out for a trip to Europe. He travels to Qom, the holy city, then to Tabriz. He stops for a while in Turkey and embarks in Smyrna on the way to Livorno. Then he quickly arrives in Paris, the centre of modern Europe. From there, Uzbek and Rica, a close friend, report back on European laws, habits and culture from the perspective of two Persian observers. There are two impor- tant, albeit conflicting, insights in Montesquieu’s Persian Letters. First, we can im- prove the understanding of our society by adopting an external viewpoint. In this case, Montesquieu wears the clothes of two Persian visitors, Uzbek and Rica. Through this fiction, he can critically report on a number of interesting aspects of contemporary France. Montesquieu stresses a second point: self-understanding through comparison is limited, as we always tend to excuse our own habits more than we criticise them. Uzbek, for example, sees many weaknesses in the French political and cultural system, but tends to justify his position of slave owner and incarcerator of women back home. -
Voltaire's Wit and Wisdom: Freethought, Enlightenment, Satire
While the public loved his plays, often summarized these values the French elites6 could not with the common saying, “I François-Marie Arouet1 was born tolerate a laugh at their expense. disapprove of what you say, but I in 1694’s Paris at the dawn of the Without trials7 or legal defense, will defend to the death your Age of Enlightenment. His father Voltaire was imprisoned multiple right to say it.”16 sent him off to become a lawyer, times and later exiled to Britain. yet he quickly found fame as a socialite, philanderer2, and poet Once outside his home country, 8 who strived to surround himself he soon realized how corrupt “Doubt is not a pleasant with the great minds of his time. and tyrannical the absolute 9 condition, but certainty is He studied John Locke and monarchy in France really was. absurd.” Edmund Burke, admired Isaac Civil liberties were ignored, 3 religious minorities were brutally Newton, criticized Leibniz, and Voltaire could see how evidence- tortured, and execution came to became close friends with based17 reasoning18, scientific anyone who failed to flatter Jonathan Swift, Alexander Pope, literacy, and general education19 those in power.10 and Benjamin Franklin. could improve a society; so he worked to popularize and Fueled by coffee, inspired by his Despite the risks, Voltaire 11 explain Newton’s controversial muse (the mathematician and continued to riddicule state 12 discoveries to the public. He physicist, Madame du Châtelet), churches, organized religion, even helped to create the and driven to speak out against monarchies, injustice, hypocrisy, 13 world’s first encyclopedia! the political and religious prejudice , and corruption for atrocities around him, he wrote the rest of his life. -
Edmund Burke on Establishment and Tolerance
This article from Netherlands Journal of Legal Philosophy is published by Eleven international publishing and made available to anonieme bezoeker R&R 2008 / 3 Bijdragen ‘The True Spirit of Toleration’* Edmund Burke on Establishment and Tolerance Matthijs de Blois** It is commonly taken for granted that the protection of freedom of thought, conscience and religion requires that the State be neutral. That means that there is no state religion, and that all religions and beliefs are viewed as equal from the perspective of the State. This approach is epitomized in the separation of state and church, or more broadly, in the separation of politics and religion. Sometimes, the expression ‘secular State’ is used to refer to this regime, for example in Article 1 of the Constitution of the French Republic. The idea of the neutrality of the State is generally seen as the outcome of the developments that transformed the political philosophy of the Enlight- enment into constitutional law. Its philosophical roots can be traced back to Locke’s famous ‘A Letter concerning Toleration’, where he stated that ‘it is above all things necessary to distinguish exactly the business of civil government from that of religion, and to settle the just bound that lie between the one and the other.’1 The liberal defence of the separation of state and church stresses the separation between the private and the pub- lic spheres. The more radical varieties of liberal thinking even imply that religion belongs entirely to the private sphere, and should not in any way play a role in public life. -
The Roots of Modern Conservative Thought from Burke to Kirk Edwin J
No. 19 The Roots of Modern Conservative Thought from Burke to Kirk Edwin J. Feulner, Ph.D. merica is the most successful and enduring exper- who nurtured the roots with their law and social Aiment in democracy in human history. It has sur- awareness. vived foreign invasion and terrorist attacks, world The roots intertwined with “the Christian under- wars and a civil war, a great depression and not so standing of human duties and human hopes, of man small recessions, presidential assassinations and scan- redeemed,” and were then joined by medieval custom, dals, an adversary culture and even the mass media. It learning, and valor.2 is the most powerful, prosperous, and envied nation The roots were enriched, finally, by two great exper- in the world. iments in law and liberty that occurred in London, What is the source of America’s remarkable suc- home of the British Parliament, and in Philadelphia, cess? Its abundant natural resources? Its hardworking, birthplace of the Declaration of Independence and the entrepreneurial, can-do people? Its fortuitous loca- U.S. Constitution. Kirk’s analysis thus might be called tion midway between Europe and Asia? Its resilient a tale of five cities—Jerusalem, Athens, Rome, London, national will? and Philadelphia. Why do we Americans enjoy freedom, opportunity, Much more could be said about the philosophi- and prosperity as no other people in history have? cal contributions of the Jews, the Greeks, and the In The Roots of American Order, the historian Rus- Romans to the American experience, but I will limit sell Kirk provides a persuasive answer: America is not myself to discuss the roots of modern conservative only the land of the free and the home of the brave, but thought that undergird our nation and which for a place of ordered liberty. -
The Political Life of Edmund Burke
INTRODUCTION 1 Empire and Revolution Th is is a book about the vicissitudes of empire and revolution as confronted by one of the leading political intellects of the eighteenth century. Th e confrontation was complicated in a number of distinct ways. In the fi rst place the term “revolution” had a range of meanings. At its simplest it could denominate a change in the system of government. Yet it could also cover resistance to an established political order lead- ing to the creation of a new regime. Finally it could refer to the subversion of govern- ment along with the various liberties it was supposed to protect. Over the course of his life, Edmund Burke defended revolution in the fi rst two senses although he ardently set himself against the third. But while he supported the rights of legitimate rebellion, he also consistently upheld the authority of empire. However, the picture here was again a complex one. Burke cherished the rights of British imperial sover- eignty, yet he vehemently opposed the standing policies of the Empire. Underlying this apparent ambivalence was a commitment to the rights of conquest accompanied by a repudiation of the “spirit of conquest.” Th is referred to the attitude of usur- pation that Burke believed had characterised European governments in the gothic past. Although governments of the kind had their origins in expropriation, they had gradually accommodated the “spirit of liberty.” Nonetheless, modern liberty for Burke was a precarious achievement. It was capable of relapsing into the spirit of domination, not least in its interactions with the extra- European world. -
The Misunderstood Philosophy of Thomas Paine
THE MISUNDERSTOOD PHILOSOPHY OF THOMAS PAINE A Thesis Presented to The Graduate Faculty of The University of Akron In Partial Fulfillment of the Requirements for the Degree Master of History Jason Kinsel December, 2015 THE MISUNDERSTOOD PHILOSOPHY OF THOMAS PAINE Jason Kinsel Thesis Approved: Accepted: ______________________________ _____________________________ Advisor Dean of the College Dr. Walter Hixson Dr. Chand Midha ______________________________ ______________________________ Faculty Reader Dean of the Graduate School Dr. Martino-Trutor Dr. Chand Midha ______________________________ ______________________________ Department Chair Date Dr. Martin Wainwright ii ABSTRACT The name Thomas Paine is often associated with his political pamphlet Common Sense. The importance of “Common Sense” in regards to the American Revolution has been researched and debated by historians, political scientists, and literary scholars. While they acknowledge that Paine’s ideas and writing style helped to popularize the idea of separation from Great Britain in 1776, a thorough analysis of the entirety of Paine’s philosophy has yet to be completed. Modern scholars have had great difficulty with categorizing works such as, The Rights of Man, Agrarian Justice, and Paine’s Dissertation on First Principles of Government. Ultimately, these scholars feel most comfortable with associating Paine with the English philosopher John Locke. This thesis will show that Paine developed a unique political philosophy that is not only different from Locke’s in style, but fundamentally opposed to the system of government designed by Locke in his Second Treatise of Government. Furthermore, I will provide evidence that Paine’s contemporary’s in the American Colonies and Great Britain vehemently denied that Paine’s ideas resembled those of Locke in any way. -
Edmund Burke and the Scottish Enlightenment George Mcelroy
Document généré le 29 sept. 2021 13:18 Man and Nature L'homme et la nature Edmund Burke and the Scottish Enlightenment George McElroy Volume 11, 1992 URI : https://id.erudit.org/iderudit/1012681ar DOI : https://doi.org/10.7202/1012681ar Aller au sommaire du numéro Éditeur(s) Canadian Society for Eighteenth-Century Studies / Société canadienne d'étude du dix-huitième siècle ISSN 0824-3298 (imprimé) 1927-8810 (numérique) Découvrir la revue Citer cet article McElroy, G. (1992). Edmund Burke and the Scottish Enlightenment. Man and Nature / L'homme et la nature, 11, 171–185. https://doi.org/10.7202/1012681ar Copyright © Canadian Society for Eighteenth-Century Studies / Société Ce document est protégé par la loi sur le droit d’auteur. L’utilisation des canadienne d'étude du dix-huitième siècle, 1992 services d’Érudit (y compris la reproduction) est assujettie à sa politique d’utilisation que vous pouvez consulter en ligne. https://apropos.erudit.org/fr/usagers/politique-dutilisation/ Cet article est diffusé et préservé par Érudit. Érudit est un consortium interuniversitaire sans but lucratif composé de l’Université de Montréal, l’Université Laval et l’Université du Québec à Montréal. Il a pour mission la promotion et la valorisation de la recherche. https://www.erudit.org/fr/ 14. Edmund Burke and the Scottish Enlightenment Sir Isaiah Berlin, in his recent New York Review of Books article on 'Joseph de Maistre and the Origins of Fascism/1 calls Burke the 'most celebrated and gifted spokesman' of the 'reaction against the central position of the classicism and enlightenment of Paris' which climaxed in 'the violent opposition to the French Revolution/ though he thinks de Maistre outdid Burke in 'sharpness of mind' and polemical brilliance. -
Civil Rights and Civil Liberties Protections Guidance
CIVIL RIGHTS AND CIVIL LIBERTIES PROTECTION GUIDANCE Requirement The Information Sharing Environment (ISE) Privacy Guidelines, at Section 1(b), state that they ―apply to information about United States citizens and lawful permanent residents that is subject to information privacy or other legal protections under the Constitution and Federal laws of the United States (‗protected information‘).‖ (Emphasis added.) Section 2 of the ISE Privacy Guidelines, entitled ―Compliance with Laws,‖ states as follows: a. General. In the development and use of the ISE, all agencies shall, without exception, comply with the Constitution and all applicable laws and Executive Orders relating to protected information. b. Rules Assessment. Each agency shall implement an ongoing process for identifying and assessing the laws, Executive Orders, policies, and procedures that apply to the protected information that it will make available or access through the ISE. Each agency shall identify, document, and comply with any legal restrictions applicable to such information. Each agency shall adopt internal policies and procedures requiring it to: (i) Only seek or retain protected information that it is legally permissible for the agency to seek or retain under the laws, regulations, policies, and executive orders applicable to the agency; and (ii) Ensure that the protected information that the agency makes available through the ISE has been lawfully obtained by the agency and may be lawfully made available through the ISE. Purpose This document does not create new or modify existing policy but, rather, provides guidance interpreting the above ISE Privacy Guidelines requirements and outlines possible methods or ―best practices‖ to assist agencies in implementing this requirement. -
First Amendment Protection of Homosexual (Expressive) Conduct
FROM HAND-HOLDING TO SODOMY: FIRST AMENDMENT PROTECTION OF HOMOSEXUAL (EXPRESSIVE) CONDUCT David Cole William N. Eskridge, Jr.* Navy Lieutenant Richard Dirk Selland found himself "in a situation resembling that of a sparrow caught in a badminton game."' As a closeted gay man in 1992, Selland was disturbed by shipmate kidding that he was probably a "homosexual." The taunts escalated when the Democrats' presidential nominee, Bill Clinton, promised to end the military's exclu- sion of lesbians, gay men, and bisexuals. Selland's internal turmoil im- pelled him to seek counseling from the ship's chaplain. On the day after Clinton's inauguration as President, the chaplain and Selland met with the ship's commanding officer, and Selland admitted that he was "homosex- ual" in orientation. Under the military policy then in effect, Selland was unfit to serve: the policy held that homosexuality was incompatible with military service, and flatly forbade homosexuals from serving in the mili- tary. Selland's commander immediately removed him from his position.2 Soon thereafter, however, President Clinton announced his intention to end the policy justifying such separations. The President's announcement triggered a political firestorm. What emerged from the firestorm was a policy of "don't ask, don't tell "' 3 Under this policy, military recruits and personnel will not be asked about their sexual orientation. In theory, gay men, lesbians, and bisexuals may serve in the military so long as they do not engage in homosexual conduct.4 The change came on the heels of several judicial decisions questioning the constitutionality of the previous *Both professors are at Georgetown University Law Center. -
THE POLITICAL PHILOSOPHY of JEAN-JACQUES ROUSSEAU the Impossibilityof Reason
qvortrup.cov 2/9/03 12:29 pm Page 1 Was Rousseau – the great theorist of the French Revolution – really a Conservative? THE POLITICAL PHILOSOPHY OF JEAN-JACQUES ROUSSEAU This original study argues that the author of The Social Contract was a constitutionalist much closer to Madison, Montesquieu and Locke than to revolutionaries. Outlining his profound opposition to Godless materialism and revolutionary change, this book finds parallels between Rousseau and Burke, as well as showing that Rousseau developed the first modern theory of nationalism. The book presents an inte- grated political analysis of Rousseau’s educational, ethical, religious and political writings. The book will be essential readings for students of politics, philosophy and the history of ideas. ‘No society can survive without mutuality. Dr Qvortrup’s book shows that rights and responsibilities go hand in hand. It is an excellent primer for any- one wishing to understand how renewal of democracy hinges on a strong civil society’ The Rt. Hon. David Blunkett, MP ‘Rousseau has often been singled out as a precursor of totalitarian thought. Dr Qvortrup argues persuasively that Rousseau was nothing of the sort. Through an array of chapters the book gives an insightful account of Rousseau’s contribution to modern philosophy, and how he inspired individuals as diverse as Mozart, Tolstoi, Goethe, and Kant’ John Grey, Professor of European Political Thought,LSE ‘Qvortrup has written a highly readable and original book on Rousseau. He approaches the subject of Rousseau’s social and political philosophy with an attractively broad vision of Rousseau’s thought in the context of the development of modernity, including our contemporary concerns.