Globalizing Bentham
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Durham E-Theses
Durham E-Theses The political ideas of William Hazlitt (1778-1830) Garnett, Mark Alan How to cite: Garnett, Mark Alan (1990) The political ideas of William Hazlitt (1778-1830), Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/6186/ Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in Durham E-Theses • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full Durham E-Theses policy for further details. Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail: [email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk ABSTRACT OF A THESIS SUBMITTED FOR THE DEGREE OF DOCTOR OF PHILOSOPHY, 1990. "The Political Ideas of William Hazlitt, 1778-1830" MARK ALAN GARNETT Department of Politics, Durham University. The purpose of the thesis was to examine William Hazlitt's political thought from the viewpoint of the history of ideas. Such a study should lead to a greater appreciation of his value as a political critic. The received notion that he was a radical provided a starting-point for investigation. Hazlitt's theoretical work in philosophy and politics was found to be of interest, but his views on contemporary personalities and events are more revealing. -
Hugo Grotius's Modern Translation of Aristotle
Digital Commons @ Assumption University Political Science Department Faculty Works Political Science Department 2016 Natural Rights and History: Hugo Grotius's Modern Translation of Aristotle Jeremy Seth Geddert Assumption College, [email protected] Follow this and additional works at: https://digitalcommons.assumption.edu/political-science-faculty Part of the Ethics and Political Philosophy Commons, and the Political Theory Commons Recommended Citation Geddert, Jeremy Seth. "Natural Rights and History: Hugo Grotius's Modern Translation of Aristotle." Concepts of Nature: Ancient and Modern. Edited by R. J. Snell and Steven F. McGuire. Lexington Books, 2016. Pages 71-90. This Book Chapter is brought to you for free and open access by the Political Science Department at Digital Commons @ Assumption University. It has been accepted for inclusion in Political Science Department Faculty Works by an authorized administrator of Digital Commons @ Assumption University. For more information, please contact [email protected]. Natural Rights and History: Hugo Grotius's Modern Translation of Aristotle Jeremy Seth Geddert Cicero writes in de Finibus that "nature never forgets its own primary prop erties." This leads him to inquire, "then how comes it that human nature alone abandons man?"1 If Hugo Grotius were alive today, he might wonder the same thing. Grotius's language of nature remains surprisingly enduring in contemporary discourse. Yet most students of political thought seem to have forgotten the man. This inattention is a notable change from the seventeenth through nineteenth centuries, during which one contemporary described Gro tius as "the greatest universal scholar since Aristotle."2 Grotius's fame began in 1598, when King Henry IV of France pronounced the fifteen-year-old prodigy as "the miracle of Holland." By his early twenties he became the Pensionary of Rotterdam, and by his early thirties he penned major works of history, literature, political philosophy, and theology. -
Table of Contents
Table of Contents Note for the Revised Edition 11 Introduction 13 emmeline besamusca and jaap verheul Neither Wooden Legs nor Wooden Shoes: Elusive Encounters with Dutchness 16 wiljan van den akker Society 1 Citizens, Coalitions, and the Crown 21 emmeline besamusca Queen Máxima: Enchanting the Monarchy 23 Binnenhof: Traditional Heart of a Modern Democracy 26 2 Politics between Accommodation and Commotion 33 ido de haan Pillarization: Pacification and Segregation 34 Pim Fortuyn: Libertarian Populist 39 3 Economy of the Polder 45 jan luiten van zanden Bulbs, Flowers, and Cheese: The Agricultural Face of an Urban Economy 45 Royal Dutch Shell: Corporate Legacy of Colonialism 49 4 Dilemmas of the Welfare State 57 lex heerma van voss Labor Productivity: Balancing Work and Leisure 58 Pensions: Well-Deserved and Well-Funded 63 5 Randstad Holland 69 ben de pater and rob van der vaart The Amsterdam Canal Ring: Urban Heritage of the Golden Age 70 The Port of Rotterdam: Logistical Hub of Europe 75 6 Distinctive within the Global Fold? 83 paul schnabel The Elfstedentocht: Beating the Forces of Nature 86 Sinterklaas: A Controversial Morality Tale 91 5 History 7 From the Periphery to the Center 97 marco mostert The Roman Limes: A Cultural Meeting Place 99 Hebban Olla Vogala: The Beginnings of Literature 105 8 The Golden Age 109 maarten prak The Tulip Bubble: Horticultural Speculation 111 William of Orange: Founding Father 113 9 A Tradition of Tolerance 121 wijnand mijnhardt Hugo Grotius: Founder of Enlightenment Thought 124 Baruch de Spinoza: Philosopher -
The Rights of War and Peace Book I
the rights of war and peace book i natural law and enlightenment classics Knud Haakonssen General Editor Hugo Grotius uuuuuuuuuuuuuuuuuuuu ii ii ii iinatural law and iienlightenment classics ii ii ii ii ii iiThe Rights of ii iiWar and Peace ii iibook i ii ii iiHugo Grotius ii ii ii iiEdited and with an Introduction by iiRichard Tuck ii iiFrom the edition by Jean Barbeyrac ii ii iiMajor Legal and Political Works of Hugo Grotius ii ii ii ii ii ii iiliberty fund ii iiIndianapolis ii uuuuuuuuuuuuuuuuuuuu This book is published by Liberty Fund, Inc., a foundation established to encourage study of the ideal of a society of free and responsible individuals. The cuneiform inscription that serves as our logo and as the design motif for our endpapers is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 b.c. in the Sumerian city-state of Lagash. ᭧ 2005 Liberty Fund, Inc. All rights reserved Printed in the United States of America 09 08 07 06 05 c 54321 09 08 07 06 05 p 54321 Frontispiece: Portrait of Hugo de Groot by Michiel van Mierevelt, 1608; oil on panel; collection of Historical Museum Rotterdam, on loan from the Van der Mandele Stichting. Reproduced by permission. Library of Congress Cataloging-in-Publication Data Grotius, Hugo, 1583–1645. [De jure belli ac pacis libri tres. English] The rights of war and peace/Hugo Grotius; edited and with an introduction by Richard Tuck. p. cm.—(Natural law and enlightenment classics) “Major legal and political works of Hugo Grotius”—T.p., v. -
Toward Liberalism: Politics, Poverty, and the Emotions in the 1790S Peter Denney Griffith University
Toward Liberalism: Politics, Poverty, and the Emotions in the 1790s Peter Denney Griffith University I n the volatile atmosphere of the mid-1840s, the leading exponent of Victorian liber- alism, John Stuart Mill, published an essay in the Edinburgh Review in which he rejected the assumption that political economy encompassed a “hard-hearted, unfeeling” approach Ito the question of poverty.1 Entitled “The Claims of Labour,” a major purpose of the essay was to advocate self-help as the key to improving the condition of the laboring classes. According to Mill, the promotion of self-help was an urgent matter, for there had been a revival of the belief that the situation of the poor could be ameliorated either by charity or by the redistribution of property. It was as if people had forgotten the population theory of Thomas Robert Malthus, who, beginning in the late 1790s, argued that such schemes exacerbated the problem of poverty by discouraging the laboring classes from developing qualities like restraint and industriousness that were crucial not just to their improvement but to their survival. Radical and conservative critics alike condemned Malthus both for the bleakness of his theory and for the cold, calcu- lating attitude it seemed to endorse. While understanding such criticism, Mill dismissed these detractors as the “sentimental enemies of political economy.”2 At the same time, he insisted that political economy was compatible with sympathy, if not with sentimentality. If interpreted cor- rectly, it generated a view of the poor that mixed empirical observations with positive emotions, producing a sense of optimism regarding the future of the laboring classes. -
Grotius and Kant on Original Community of Goods and Property
grotiana 38 (2017) 106-128 GROTIAN A brill.com/grot Grotius and Kant on Original Community of Goods and Property Sylvie Loriaux Département de science politique, Université Laval, Quebec [email protected] Abstract This paper is interested in the critical potential of the idea of original common possession of the Earth. On the basis of a comparative analysis of Hugo Grotius and Immanuel Kant, it shows how different the meaning of this idea can be within a theory of property or territory. The first part is devoted to Grotius’s account of why and how the institution of property was progressively introduced. It highlights the importance this account attaches to the intention of the first distributors for a good understand- ing of property laws, and in particular, for an understanding of their non-application in situations of extreme necessity. The second part takes the opposite path and shows that although Kant rejects the very existence of a right of necessity, the idea that one might be liberated from a law is not completely absent from, and even plays a crucial role in, his account of property. Clarification of this role ultimately leads us back to the idea of original possession in common of the Earth. Keywords Hugo Grotius – Immanuel Kant – original community of goods – necessity – permissive law – property rights * The author would like to thank the journal’s anonymous referees and editor for their very helpful comments and suggestions on earlier drafts of this article. She would also like to thank the participants in the Workshop on Grotius’s Place in the History of Moral and Politi- cal Thought (Leuven, 2017) and in the Workshop on Private Property and Territorial Rights (Bayreuth, 2017) for illuminating discussions. -
Art of Judging
NEW YORK UNIVERSITY LAW REVIEW VOLUME 71 JUNE 1996 NUMBER 3 THE ART OF JUDGING STEWART G. POLLOCK* In the second annual William J. Brennan, Jr. Lectur4 New Jersey Supreme Court Justice Stewart G. Pollock explores the relationship between art and adjudication. The separationof powers, the federalist system, and the inherent constraints of the common law confine state courts. Notwithstanding those constraints,state courts have demonstrated creativity when interpretingstate statutes and constitutionsand when adapting the common law to changing conditions. Thus, Justice Pollock fnds artistry in the work of state courts. He begins by exploring creativity in statu- tory interpretation. Then, Justice Pollock examines two areasof substantive law of greatpublic concern: public-school-financelitigation under state constitutions and the common-law redefinition of the modem family. Justice Pollock demonstrates how state appellate courts, through public-school-finance litigation, have shaped the constitutionalright to a public-school education. Justice Pollock then discusses how state courts have reacted to the changing composition of the American family. By recognizing these changes, state courts have redefined the family in areas as diverse as zoning ordinances, surrogacy agreements, and same-sex marriages. Common to all these endeavors is protection of the inherent dignity of the individ- ual Justice Pollock concludes that an appreciationof the similarities between art and judging may lead to a better understandingof the judicial process. Delivering the Brennan Lecture in Vanderbilt Hall is for me deeply moving. Justice Brennan graced the New Jersey Supreme Court for four years before starting his remarkable service on the United States Supreme Court. Also, this building is named for the former dean of this law school and the Chief Justice of the New Jersey Supreme Court with whom Justice Brennan served, Arthur T. -
From Blackstone's Common Law Duty of Parents to Educate Their
Forum on Public Policy From Blackstone’s Common Law Duty of Parents to Educate Their Children to a Constitutional Right of Parents to Control the Education of Their Children Robert A. Sedler, Distinguished Professor of Law, Wayne State University, Detroit, Abstract Blackstone’s Commentaries stated that the common law imposed a duty on parents to provide for the maintenance, protection, and education of their children, and of these, the duty to provide an education was “of far the greatest importance.” Early on American courts cited Blackstone for the proposition of the common Iaw duty of parents educate their children. As the nineteenth century progressed, public and private schools were formed in most American states, and a number of states enacted compulsory education laws. American states also sometimes also enacted laws that interfered with the freedom of parents to direct the education of their children. In 1919, in the wake of the anti-German hysteria of World War I, Nebraska passed a law that prohibited the teaching of German in the Lutheran sectarian schools. In 1922, Oregon passed a law prohibiting parents from enrolling their children in private and sectarian schools. The Supreme Court held that both of these laws were unconstitutional under the Fourteenth Amendment’s due process clause, because they interfered with the liberty of parents to control the education of their children. In the United States, Blackstone’s common law duty of parents to provide an education for their children had evolved into a constitutional right of parents to control the education of their children. Introduction American constitutional law is similar in many ways to the common law. -
Utilitarianism in the Age of Enlightenment
UTILITARIANISM IN THE AGE OF ENLIGHTENMENT This is the first book-length study of one of the most influential traditions in eighteenth-century Anglophone moral and political thought, ‘theological utilitarianism’. Niall O’Flaherty charts its devel- opment from its formulation by Anglican disciples of Locke in the 1730s to its culmination in William Paley’s work. Few works of moral and political thought had such a profound impact on political dis- course as Paley’s Principles of Moral and Political Philosophy (1785). His arguments were at the forefront of debates about the constitution, the judicial system, slavery and poverty. By placing Paley’s moral thought in the context of theological debate, this book establishes his genuine commitment to a worldly theology and to a programme of human advancement. It thus raises serious doubts about histories which treat the Enlightenment as an entirely secular enterprise, as well as those which see English thought as being markedly out of step with wider European intellectual developments. niall o’flaherty is a Lecturer in the History of European Political Thought at King’s College London. His research focuses on eighteenth- and nineteenth-century moral, political and religious thought in Britain. He has published articles on William Paley and Thomas Robert Malthus, and is currently writing a book entitled Malthus and the Discovery of Poverty. ideas in context Edited by David Armitage, Richard Bourke, Jennifer Pitts and John Robertson The books in this series will discuss the emergence of intellectual traditions and of related new disciplines. The procedures, aims and vocabularies that were generated will be set in the context of the alternatives available within the contemporary frameworks of ideas and institutions. -
Donald J. Greene
Recent Studies in the Restoration and Eighteenth Century DONALD J. GREENE I IT IS instructive for any literary student, but especially for a contributor to a new scholarly journal, to browse in the early numbers of those journals that started a genera- tion ago-to read Ronald Crane's ruthless dissections, in the early PQ annual bibliographies, of Continental theses ponderously chasing the elusive abstractions "neo-classicism" and "pre-romanti- cism" through jungles of logomachy; to encounter, in RES, such wise words of Ronald McKerrow's as (1928) "Our interest now lies, not in inventing neat phrases which will serve to label these periods [of literature] and emphasize the watertight nature of their divisions, but in showing how they are interlocked one with another," or these (1934) castigating "a time when an attitude of simple faith towards the dicta of the earlier literary histories was more customary than is the rule at present, and when the pic- turesqueness of an anecdote or the ingenuity of a theory seemed too often to have been accepted as evidence of its truth." ExpeUas naturam furca, tamen usque recurrit. In 1960 (this survey attempts Ito cover late 1959 and most of 1960), were we in eighteenth- century studies as far advanced as Crane's and McKerrow's readers toward the ideal for which they strove? The tendency to compart- mentalize and isolate a period of literature-to "professionalize" it, in the worst sense of the term-seems innate in human mental sloth. To take one's notions of eighteenth-century history or philo- sophy or theology from the convenient summaries of Lecky or Leslie Stephen in Professor So-and-so's literary history is easier than to go to the original sources or to serious contemporary schol- arship in those disciplines. -
Precedent and Justice William D
Valparaiso University ValpoScholar Law Faculty Publications Law Faculty Presentations and Publications 2011 Precedent and Justice William D. Bader David R. Cleveland Valparaiso University, [email protected] Follow this and additional works at: http://scholar.valpo.edu/law_fac_pubs Part of the Jurisprudence Commons, and the Legal Writing and Research Commons Recommended Citation William D. Bader & David R. Cleveland, Precedent and Justice, 49 Duq. L. Rev. 35 (2011). This Article is brought to you for free and open access by the Law Faculty Presentations and Publications at ValpoScholar. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Precedent and Justice William D. Bader* and David R. Cleveland** Abstract Precedent is the cornerstone of common law method. It is the core mechanism by which the common law reaches just outcomes. Through creation and application of precedent, common law seeks to produce justice. The appellate courts' practice of issuing un published, non-precedential opinions has generated considerable discussion about the value of precedent, but that debate has cen tered on pragmatic and formalistic values. This essay argues that the practice of issuing non-precedential opinions does more than offend constitutional dictates and present pragmatic problems to the appellate system; abandoning precedent undermines justice itself. Issuance of the vast majority of decisions as non precedential tears the justice-seeking mechanism of precedent from the heart of our common law system. In Memoriam Judge RichardS. Arnold (1936 2004) "It is the property of a diamond .. -
Hugo Grotius and the Liberal Tradition
Portland State University PDXScholar Dissertations and Theses Dissertations and Theses 1987 Hugo Grotius and the liberal tradition Karen Diane Csajko Portland State University Follow this and additional works at: https://pdxscholar.library.pdx.edu/open_access_etds Part of the International Relations Commons Let us know how access to this document benefits ou.y Recommended Citation Csajko, Karen Diane, "Hugo Grotius and the liberal tradition" (1987). Dissertations and Theses. Paper 3711. https://doi.org/10.15760/etd.5595 This Thesis is brought to you for free and open access. It has been accepted for inclusion in Dissertations and Theses by an authorized administrator of PDXScholar. Please contact us if we can make this document more accessible: [email protected]. AN ABSTRACT OF THE THESIS OF Karen Diane Csajko for the Master of Arts in Political Science presented July 28, 1987. Title: Hugo Grotius and the Liberal Tradition APPROVED BY MEMBERS OF THE THESIS COMMITTEE: L { Carr •( Chairman Byrod L. Haines One approach in contemporary international relations theory is the moralist position. Most moralists argue that obligations which an individual has toward the state and toward persons qua fellow citizens should not override the obligations which every individual has toward other persons qua members of humanity. Essential to a moralist approach is the idea that every individual shares some feature, such as rights, which is universal to all men and incontrovert- ible by any body. Many moralists base their theory upon the thought of Hugo Grotius, equating Grotius ' s thought with their own moralist approach. 2 This thesis argues that Grotius does not present a universal ethic and that his thought does not serve as a foundation for contemporary moralist theory.