In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

Natural Right and History is widely recognized as Strauss’s most influential work. The six lectures, written while Strauss was at the New School, and a full transcript of the 1949 Walgreen Lectures show Strauss working toward the ideas he would present in fully matured form in his landmark work. In them, he explores natural right and the relationship between modern philosophers and the thought of the ancient Greek philosophers, as well as the relation of political philosophy to contemporary (...) political science and to major political and historical events, especially the Holocaust and World War II. Previously unpublished in book form, Strauss’s lectures are presented here in a thematic order that mirrors Natural Right and History and with interpretive essays by J. A. Colen, Christopher Lynch, Svetozar Minkov, Daniel Tanguay, Nathan Tarcov, and Michael Zuckert that establish their relation to the work. Rounding out the book are copious annotations and notes to facilitate further study. (shrink)

An important figure in the natural law tradition and in the Scottish Enlightenment, Gershom Carmichael defended a strong theory of rights and drew attention to Grotius, Pufendorf, and Locke. Gershom Carmichael was a teacher and writer who played an important role in the Scottish Enlightenment of the eighteenth century. His philosophy focused on the natural rights of individuals--the natural right to defend oneself, to own the property on which one has labored, and to services contracted for with (...) others. Carmichael argued that slavery is incompatible with the rights of men and citizens, and he believed that subjects have the right to resist rulers who exceed the limits of their powers. Although he appealed to the authority of Grotius and Locke, the grounds on which he defended natural rights were distinctively his own. He drew upon the Reformed or Presbyterian theology to propose that, in respecting the natural rights of individuals, one shows one’s reverence for God’s creation. Inasmuch as all of mankind longs for lasting happiness, which can be found only in worship of or reverence for God, such reverence is the natural law which obliges all to respect the rights of all. Natural Rights includes Supplements and Observations on Pufendorf (1724), Natural Theology (1729), Logic (1722), two theses, and a manuscript on teaching, all in English for the first time. Gershom Carmichael (1672-1729) was the first professor of moral philosophy at the University of Glasgow, preceding Hutcheson, Smith, and Reid. James Moore is Professor of Political Science at Concordia University in Montreal. Michael Silverthorne is Honorary University Fellow in the School of Classics at the University of Exeter. Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England. (shrink)

This book shows how political argument in terms of rights and natural rights began in medieval Europe, and how the theory of natural rights was developed in the seventeenth century after a period of neglect in the Renaissance. Dr Tuck provides a new understanding of the importance of Jean Gerson in the formation of the theories, and of Hugo Grotius in their development; he also restores the Englishman John Selden's ideas to the prominence they once enjoyed, and shows (...) how Thomas Hobbes's political theory can best be understood against this background. In general, the book enables us to understand more fully the characteristics of the natural rights theories available to the men of the Enlightenment, and thereby to appreciate the complexity and equivocal nature of modern right theories. (shrink)

In Natural Rights and the New Republicanism, Michael Zuckert proposes a new view of the political philosophy that lay behind the founding of the United States.

In this classic work, Leo Strauss examines the problem of natural right and argues that there is a firm foundation in reality for the distinction between right and wrong in ethics and politics. On the centenary of Strauss's birth, and the fiftieth anniversary of the Walgreen Lectures which spawned the work, _Natural Right and History_ remains as controversial and essential as ever. "Strauss... makes a significant contribution towards an understanding of the intellectual crisis in which we find ourselves... [and] (...) brings to his task an admirable scholarship and a brilliant, incisive mind."—John H. Hallowell, _American Political Science Review_ Leo Strauss was the Robert Maynard Hutchins Distinguished Service Professor Emeritus in Political Science at the University of Chicago. (shrink)

This article aims to discuss the concepts of natural right and property in Bodin's Iuri distributio universi and the political consequences of these ideas in Methodus ad facilem historiarum cognitionem and Les Six Livres de la République .Este artigo pretende discutir os conceitos de direito natural e propriedade no Iuri universi distributio e as suas conseqüências políticas no Methodus ad facilem historiarum cognitionem e no Les Six Livres de la République , de Jean Bodin.

In recent years, policy debates in the United States have focused heavily on rising healthcare costs and what measures can be taken to ensure greater provision of healthcare to individuals of limited means. Much of the rhetoric on this subject has taken on an explicitly moral character, and one common sentiment is that healthcare is or should be viewed as a basic human right. However, the notion of a right to healthcare has not been well articulated, and critics have failed (...) to distinguish between legal and moral rights. Additionally, there are numerous problems inherent to viewing healthcare as a basic human right-many of which are in direct conflict with distinctly American conceptualizations of rights. The present paper reviews the debate over “rights”-both legal and natural-to healthcare, and argues that problems associated with natural rights arguments render them severely compromised. Instead, market systems commonly accepted in American society may be better suited to reducing healthcare costs and increasing access to services in the United States. (shrink)

The two main theses of are: (i) that persons possess an original, non-acquired right not to be precluded from making extra-personal material their own (or from exercising discretionary control over what they have made their own); and (ii) that this right can and does take the form of a right that others abide by the rules of a (justifiable) practice of property which facilitates persons making extra-personal material their own (and exercising discretionary control over what they have made their own). (...) I articulate some of the good reasons we have to affirm persons' possession of an original, non-acquired right of self-ownership and argue that the same good reasons support the ascription to persons of a natural right of property. I contrast an conception of the actions through which (initial) rights over extra-personal objects arise with a conception of (initial) entitlement-generating actions. I argue that the fact that the natural right to property can and does take the form of persons' rights that others abide by the rules of a (justifiable) practice of property explains how there are many instances of (initial) entitlement generation which are not plausibly explained by those wed to the inherent feature conception of entitlement-generating actions and why there is a strong conventional dimension in the procedures through which persons acquire (initial) property rights. (shrink)

Natural right and the historical approach -- Natural right and the distinction between facts and values -- The origin of the idea of natural right -- Classic natural right -- Modern natural right : Hobbes ; Locke -- The crisis of modern natural right : Rousseau ; Burke.

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

This chapter contains sections titled: A Lockean Argument for the Right to Liberty Our Rational Moral Competence From Liberty to Lockean Contractarianism.

In this paper, I would like to argue that brain-dead small children have a natural right not to be invaded by other people even if their organs can save the lives of other suffering patients. My basic idea is that growing human beings have the right to grow in the form of wholeness, and dying human beings also have the right to die in the form of wholeness; in other words, they have the right to be protected from outside (...) invasion, unless they have declared their wish to abandon that right beforehand. I call this the principle of wholeness. Natural rights, which were discussed by Hobbes and Locke in the 17th century, have to be extended to include the right to grow and die in the form of wholeness in the age of scientific civilization, where peripheral human lives are being threatened by aggressive biomedicine and other advanced technologies. (shrink)

It is often claimed that states enjoy, as a consequence of their sovereign status, the right to control the passage of outsiders through their territory and that they have a discretion to admit or to refuse to admit outsiders, whether those outsiders be tourists, business travelers, would-be economic migrants, or even refugees. Or, to be more exact, such limitations on that right to control are derived from the agreement of states to treaties and conventions, agreement which they could have withheld (...) and could yet revoke. As a statement of the legal position this is not completely uncontroversial,1 but my aim in this paper is not to make a contribution to international law or law at all. Rather, my concern is with political philosophy and with the issue of whether.. (shrink)

It is commonplace to speak of education as a right. Yet it has been seldom defended as a natural right. Natural rights are pre-social, while education is social intrinsically. This analysis attempts to show how Aristotle’s concept of education can be conceived as a natural and necessary process to fulfill individual autonomy. In this sense it approaches Locke’s conception of a natural right. To the degree that it succeeds, the firmest possible basis for education in modern (...) constitutionally premised social order is established. It will stand on a par with life, liberty and property and will be equally resistant to tyrannical inroads of either government or majoritarian politics. Moreover, it will refocus society on its absolute duty to treat its citizens justly, that is, will full regard for their inalienable rights. (shrink)

Roman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a foundational (...) role with regard to his conception of subjective natural rights. Grotius made use of Roman law and Roman ethics in order to submit a normative case for a rights-based just war in the East Indies. His conception of a law of nature was originally conceived to apply a theory of compensatory justice to the high seas of Southeast Asia, envisaged as a natural state lacking political authority. Eventually, however, this argument was to reveal its anti-absolutist implications, and contributed—by virtue of its applicability to individuals, private entities and commonwealths alike—to the emergence of a rights-based constitutionalism. This article discusses Grotius's early treatise De iure praedae commentarius and its offshoot Mare liberum, which already contained an inchoate version of subjective natural rights, as well as the elaborate natural rights doctrine which can be found in Grotius's early Theses LVI and in the Defensio capitis quinti maris liberi, a defense of the fifth chapter of Mare liberum, written around 1615 and directed against the Scottish jurist William Welwod's attack on Mare liberum. (shrink)

The most influential justification of individual property rights is the Propertarian Argument. It is the idea that the institution of private property renders everyone better off, and crucially, even the worst-off members of society. A recent critique of the Argument is that it relies on an anthropologically false hypothesis – the idea, following Thomas Hobbes, that life in the state of nature is one of widespread scarcity and violence to which property rights are a solution. The present article seeks to (...) reformulate this Anthropological Objection in a way that more directly addresses Hobbes’ original argument. It then shows that private property is justified to the extent that it allows anyone to reclaim their free time. (shrink)

When Professor Georges Gurvitch, the highly esteemed occupant of the chair of philosophy at the University of Strausbourg before World War ll and the author of a series of brilliant studies in the pluralist philosophy of law, referred to Pierre—Joseph Proudhon as the central figure in the development of modern social and judicial philosophy, the basis of his highly flattering judgment was the philosophy of law that serves as the basis of Proudhon’s mutualism, a socio-legal conceptualization that had not only (...) greatly infiuenced Gurvitch’s own thinking but which had exerted tremendous infiuence as well over the thought of such outstanding social theorists as Herzen, Tolstoi, and Kropotkinl To state, therefore, that Proudhon was not only the first to call himself an anarchist but also “the most important" anarchist thinker of the modern period} is to establish his right to be heard. We are not entitled to skip lightly over his conception of law and justice as past generations have done. After outlining Proudhon’s legal theory and his conception of natural right, this paper will attempt to demonstrate that Proudhon’s thinking on law is an outstanding contribution to modern political theory. It is not too much to say, in fact, that his philosophy of law and natural right stands as a highly suggestive antidote to the hopeless confusion in contemporary political theory, a confusion that stems not only from the cloudy conception of justice posited by the social contract theorists but from the defective conception of justice advanced by the advocates of state socialism as well. (shrink)

Robert Nozick worked in a Lockean tradition of political philosophy, a tradition with deep resonance in the American political culture. This paper attempts to explore the formative moments of that culture and at the same time to clarify the role of Lockean philosophy in the American Revolution. One of the currently dominant approaches to the revolution emphasizes the colonists' commitments to their rights, but identifies the relevant rights as “the rights of Englishmen,” not natural rights in the Lockean mode. (...) This approach misses, however, the way the Americans construed their positive or constitutional rights in the light of a Lockean background theory. In a word, the Americans recreated an amalgam of traditional constitutional principles and Lockean philosophy, an amalgam that nearly guaranteed that they and the British would speak past each other. The ambiguities and uncertainties of the British constitution as extended to the colonies provided an incentive to the Americans (but not the British) to look to Locke as a guide to their rights, thereby helping win a place for Lockean theory in American political thinking. (shrink)

This collection of essays is dedicated to the memory of the late Harvard philosopher Robert Nozick, who died in 2002. The publication of Nozick's Anarchy, State, and Utopia in 1974 revived serious interest in natural rights liberalism, which, beginning in the latter half of the eighteenth century, had been eclipsed by a succession of antithetical political theories including utilitarianism, progressivism, and various egalitarian and collectivist ideologies. Some of our contributors critique Nozick's political philosophy. Other contributors examine earlier figures in (...) the liberal tradition, most notably John Locke, whose Second Treatise of Government, published in the late seventeenth century, profoundly influenced the American founders. The remaining authors analyze natural rights liberalism's central doctrines. (shrink)

This collection of essays is dedicated to the memory of the late Harvard philosopher Robert Nozick, who died in 2002. The publication of Nozick's Anarchy, State, and Utopia in 1974 revived serious interest in natural rights liberalism, which, beginning in the latter half of the eighteenth century, had been eclipsed by a succession of antithetical political theories including utilitarianism, progressivism, and various egalitarian and collectivist ideologies. Some of our contributors critique Nozick's political philosophy. Other contributors examine earlier figures in (...) the liberal tradition, most notably John Locke, whose Second Treatise of Government, published in the late seventeenth century, profoundly influenced the American founders. The remaining authors analyze natural rights liberalism's central doctrines. (shrink)

If we have a natural right to liberty, it is hard to see how a state could be legitimate without first obtaining the (genuine) consent of the governed. I consider the threat natural rights pose to state legitimacy. I distinguish minimal from full legitimacy and explore different understandings of the nature of our natural rights. Even though I conclude that natural rights do threaten the full legitimacy of states, I suggest that understanding our natural right (...) to liberty to be grounded in our interests in a certain way might not commit us to requiring consent for minimal legitimacy. Thus, even if natural rights effectively block the full legitimacy of states - on the assumption that rarely, if ever, the requisite consent will be forthcoming - they may allow minimal state legitimacy. Footnotesa I am grateful to my fellow contributors to this volume and to other readers for helpful questions and comments on an earlier version of this essay and in particular to Fred Miller, David Schmidtz, and John Simmons for written comments. Ellen Paul's detailed comments have helped me, as always, to correct many confusions and errors, and Harry Dolan's excellent editing has discovered others that I have endeavored to address. (shrink)

Both Hobbes and Kant tackle the issue of natural right in a radical and controversial way. They both present systematic, secular theories of natural law in a highly religious age. Whereas Hobbes transforms natural right by placing the rational individual bent on self-preservation at the centre of political philosophy, Kant transforms natural right by putting the metaphysical presuppositions of his critical philosophy at the heart of his reasoning on politics. Neither attempts to provide an orthodox view (...) of natural right as directly or indirectly derived from God's commands, although subsequent to their philosophical deduction as natural rights or laws both do not entirely repudiate the idea that these rights or laws can be portrayed as having divine support. (shrink)

This paper offers an imminent interpretation of Kant's political teleology in the context of his response to Moses Mendelssohn in Theory and Practice III concerning prospects of humankind's moral progress. The paper assesses the nature of Kant's response against his mature political philosophy in the Doctrine of Right . In `Theory and Practice III' Kant's response to Mendelssohn remains incomplete: whilst insisting that individuals have a duty to contribute towards humankind's moral progress, Kant has no conclusive answer as to how (...) individuals might act on that duty. `Theory and Practice III' lacks a clear conception of the distinctness of political morality from the domain of virtue; Kant's resort to teleological argumentation is indicative of his lack of an account of instituting Right. The latter can be found in the Doctrine of Right —yet Kant's earlier teleological arguments contribute crucially to the development of his mature morality of Right. Key Words: inborn duty • moral progress • political teleology • principles of Right. (shrink)

This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...

Natural Right and History is widely recognized as Strauss’s most influential work. The six lectures, written while Strauss was at the New School, and a full transcript of the 1949 Walgreen Lectures show Strauss working toward the ideas he would present in fully matured form in his landmark work. In them, he explores natural right and the relationship between modern philosophers and the thought of the ancient Greek philosophers, as well as the relation of political philosophy to contemporary (...) political science and to major political and historical events, especially the Holocaust and World War II. Previously unpublished in book form, Strauss’s lectures are presented here in a thematic order that mirrors Natural Right and History and with interpretive essays by J. A. Colen, Christopher Lynch, Svetozar Minkov, Daniel Tanguay, Nathan Tarcov, and Michael Zuckert that establish their relation to the work. Rounding out the book are copious annotations and notes to facilitate further study. (shrink)

In the history of philosophy, Fichte's thought marks a crucial transitional stage between Kant and post-Kantian philosophy. Fichte radicalized Kant's thought by arguing that human freedom, not external reality, must be the starting point of all systematic philosophy, and in Foundations of Natural Right, thought by many to be his most important work of political philosophy, he applies his ideas to fundamental issues in political and legal philosophy, covering such topics as civic freedom, rights, private property, contracts, family relations, (...) and the foundations of modern political organization. This volume offers the first complete translation of the work into English, by Michael Baur, together with an introduction by Frederick Neuhouser that sets it in its philosophical and historical context. (shrink)