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International Law and Religion: Historical and Contemporary Perspectives. History and Theory of International Law Series, Oxford University Press, 43-63, 2017
In the process of secularization of legal institutions, the thirteenth century - with all its political conflicts between emperors and popes - is relevant to understand the evolution of those institutions in modernity. Contextualized in that period, this chapter shows the importance of Aquinas's line of thought about the common good, law, and right in this process. In general, the context of Aquinas’s era and his personal circumstances were characterized by tensions between two perilous alternatives, the imperial and the papal power. Because of this, Aquinas was cautious to express his opinion in specific political issues of the time. This chapter argues that, in spite of Aquinas's caution in putting forward his political ideas, the essence of his political thought and his opposition to theocratic theory of government could be inferred also from his notions of natural law and ius gentium, in which he addressed the basic issues of property rights and slavery. Contrary to the tendency in academia which adscribes Aquinas's political thought to the theocratic theory, the present work argues that Aquinas was not a defender of this theory, but really a defender of secular power. Furthermore, in Aquinas's view, there was no need to invoke revealed truth to support political decisions and enactments, but only natural reason. Every law must conform to natural reason and natural law, and in order to be legitimate must aim for the common good. From this standpoint, Aquinas dealt with topics such as dominium, private property, commerce and slavery. The chapter concludes that with his notions of natural law and ius gentium, Aquinas defended the legitimacy of secular power and contributed to the secularization in its meaning as declericalization, by depriving temporal, political power of the clerical character it had in late thirteen century Europe. Aquinas also provided the grounds for the development of the doctrines about religious freedom, human natural sociability, and property rights that were used afterwards to discuss the rights over the new world. Keywords: Aquinas, political thought, common good, theocratic theory, secularization, natural law, ius gentium, property rights, slavery.
Filosofický časopis, 2016
In histories of medieval ethics, Thomists are usually portrayed as intellectualists and Scotists as voluntarists. The typically voluntarist linking of the morality of acts with an obligation towards a superior law is also often seen as the major influence exerted by late medieval ethics on early-modern natural law theories. The present article will challenge this standard narrative by presenting the early-modern scholastic debate on the constitutive characters of sin (peccatum), as it was proposed by the Spanish Cistercian Juan Caramuel Lobkowitz (1606-82). It will reveal that most Thomists advocated in reality a very voluntarist and theocentric definition of sin, whereas many Scotists on the contrary defended a very intellectualist approach. Caramuel and some early-modern Scotists thereby played an important role in the development of a non-theological definition of sin, the peccatum philosophicum, which represents a major moment in the development of a strictly philosophical ethics during modernity.
Interdisciplinary Insights, 2019
This paper makes a two-part argument for the importance of spiritual introspection in the work of social justice. First, the paper examines and addresses a number of common reasons for the notion that self-examination aimed at personal spiritual growth is not, and need not, be connected to social justice work. These include: the ostensible self-sufficiency of secular humanistic and other worldviews for undergirding ethics in general and social ethics in particular; modern criticisms of religion as historically a tool of the powerful to perpetrate social injustice; a posited dichotomy between the individual's personal and inner religiously motivated ethics on the one hand and externally-oriented corporate public engagement on the other; ideological diversity in the modern and late modern worlds; and specifically intra-Christian reasons including the juxtaposition of "faith" over "works" and the valuing of the "spiritual" work of evangelism over corporal works of mercy in some Christian traditions. The second part of of the paper shows how spiritual introspection from the perspective of one particular religious tradition, Benedictine Catholic Christian spirituality, can vitalize and empower the work of social justice. After noting the current rise in interest in Christian monastic practices in movements like "new monasticism," the paper proffers a handful of virtues culled from the Rule of St. Benedict to serve as loci for introspection by those engaged in in the work of social justice. Balance, Prudence, Human Dignity grounded on the Image of God, Work, Simplicity, Stewardship, Community, Solidarity and the Common Good, Hospitality, and Subsidiarity are suggested as prime staring points for individuals to contemplate their own role in advancing the kingdom of God.
" In Western thought, it has been persistently assumed that in moral and political matters, people should rely on the inner voice of conscience rather than on external authorities, laws, and regulations. This volume investigates this concept, examining the development of the Western politics of conscience, from Socrates to the present, and the formation of the Western ethico-political subject. The work opens with a discussion of the ambiguous role of conscience in politics, contesting the claim that it is the best defense against totalitarianism. It then look back at canonical authors, from the Church Fathers and Luther to Rousseau and Derrida, to show how the experience of conscience constitutes the foundation of Western ethics and politics. This unique work not only synthesizes philosophical and political insights, but also pays attention to political theology to provide a compelling and innovative argument that the experience of conscience has always been at the core of the political Western tradition. An engaging and accessible text, it will appeal to political theorists and philosophers as well as theologians and those interested in the critique of the Western civilization. Acknowledgements 1. Introduction 2. National Socialism and the Inner Truth The Call of Heidegger’s Conscience Nihilism of Judgment: Arendt 3. Conscience in Moral and Political Theology Church Fathers between the Law and the Spirit Synderesis and Conscientia: Scholasticism Divine Instinct The Spark of the Soul: Eckhart and Tauler A Voluntarist Bias of William Ockham? The Lutheran Revocation The Return of the Repressed: Spiritualists and Pietists Calvin’s Compromise The Puritan God within On the Modern Protestant Conscience 4. Conscience in Early Modern Moral and Political Philosophy The Witness of Natural Law from Suárez to Pufendorf The Candle of the Lord: Cambridge Platonists A Crisis of Conscience: Hobbes, Spinoza, Locke 5. The Conscience of the Enlightenment The Moral Sense from Shaftesbury to Smith The Judgement of Intuitive Reason: Clarke, Butler, Price, Reid and Beyond The French Experience: from Bayle to Rousseau The German Model: Wolff versus Crusius Immanuel Kant and the Infinite Guilt German Idealism: Conscience as Conviction 6. From Political Theology to Theologized Politics 7. Remarks on Late Modern Conscience Internalized Coercion: Nietzsche and Freud The Voice of the Other: Levinas and Derrida Ethics of the Real: Lacan 8. The Western Politics of Conscience On the Socratic Origins of the Politics of Conscience Conclusion "
Calvin's natural law theory is premised on the sovereignty of God. In natural law terms, the 'sovereignty of God' doctrine prescribes that the normative standards for positive law originate from God alone. God is the sole measure of the 'good'. This emphasis allows for a sharp separation between normative and descriptive dimensions. In this context, it would be a logical fallacy to maintain that anything humanly appointed can attain the status of self-evidence. However, in recent years, new natural law theorists have been guilty of conflating the normative and descriptive dimensions – a distinction that is critical to the discipline of natural law. This may stretch as far back to Aquinas who set human participation in the goods ('practical reason') as the rightful starting place for natural law. This paper explores Calvin's natural law theory to show how his concept of 'the ultimate good' harnesses the potential to restore natural law theory to its proper order. By postulating a transcendent standard in terms of 'the ultimate good' – God Himself – Calvin's natural law provides a philosophical framework for compelling positive laws in the pursuit of a higher morality.
Studia Universitatis Babes-Bolyai-Philosophia, 2011
Natural Law and Evangelical Political Thought
Ethics & Politics, 2018
The Christocentriciy of the Virtues in St. Bonaventure, 2016
Western Australian Jurist, 2018
Kemanusiaan, The Asian Journal of Humanities, 2008
Biblica et Patristica Thoruniensia, 2017
Journal of Religious Ethics, 2020
Journal of Markets and Morality 17 (2014): 595-617
Melita Theologica, 2015
Philosophy and the Christian: The Quest for Wisdom in the Light of Christ, ed. Joseph Minich, 2018
T. Murphy (ed.), Western Jurisprudence (Dublin, Thomson Round Hall, 2004), pp. 94–125, 2004