Download From Positivism to Idealism (Applied Legal Philosophy) by Sean Coyle PDF

By Sean Coyle

ISBN-10: 0754623998

ISBN-13: 9780754623991

ISBN-10: 0754686116

ISBN-13: 9780754686118

Interpreting the emergence and improvement of felony positivism as a particular and especially strong culture in criminal idea, this booklet locations specific emphasis on its dating to conventional understandings of the typical legislations and on varieties of idealism. the point of interest all through is at the effects positivism holds for the assumption of the rule of thumb of legislations and of law's function in protecting (and possibly growing) stipulations of good social order. The ebook examines the shifts in wondering the guideline of legislations and the broader value of legislation, caused via altering conceptions of the character of legislations: from an figuring out of legislations during which the first concentration is on rights, to an articulation of the criminal order as a physique of intentionally posited principles and, eventually, to an figuring out of legislations as a corpus of systematic ideas and rules, underpinned through an abiding challenge with person rights.

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A space thus opened up between the deontological force of ethical ideas (as laws), and the prudential advantages of conforming one’s behaviour to that independently given order. 21 See Schneewind, (above, note 3), 17. 22 Grotius thus distinguishes between divine commands and ‘counsels of perfection’, both of which may have a Biblical source: see Prolegomena (above, note 17), LI. 23 M. Luther, ‘The Bondage of the Will’, in J. ) Martin Luther: Selections From His Writings (New York, Doubleday, 1961), 196.

44 The legal order may then be viewed as a body of principles taken to encapsulate shared standards of justice, fairness etc. 45 Both of these approaches, I have argued, can be construed as responses to the problems of Protestant political theory – for they concern the possibility of stable social order in a world characterised by basic disagreement over the nature of the good. 46 Grotius’s Protestant successors retained and amplified the voluntarist underpinnings of his position, whilst making further significant departures from Aristotle.

In adopting a broadly Augustinian position, Luther and later John Calvin formed part of a tradition that viewed Aristotelianism as a source of the Pelagian heresy. For an interesting account of medieval heresies, see M. Lambert, Medieval Heresy: Popular Movements from the Gregorian Reform to the Reformation, 2nd edn (Oxford, Blackwell, 1992). 27 W. Law, ‘The Case of Reason, or Natural Religion’ [1731] in The Works of the Reverend William Law (Brockenhurst, G. Moreton, 1892), vol 2, 86–87. Quoted in Schneewind (above, note 23), xx.

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