Scientia Iuris and Ius Naturae: The Jurisprudence of the Holy Roman Empire in the Seventeenth and Eighteenth Centuries

Scattola, Merio

doi:10.1007/978-90-481-2964-5_1

Cited by 9 publications

(5 citation statements)

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“…93 The geometric heart of the natural law method, as Gottfried Achenwall and Johann Putter put it, was the idea of immutable first principles from which one could deduce "an endless number of inferior rules." 94 The assumption for all this was the 'rational' nature of human thinking. 95 To this understanding of natural law, "the geometric model fit perfectly."…”

Section: Ratio Mathematica and Truth In History Of Theorizing: A Gene...mentioning

confidence: 99%

Metaethics and the Limits of Normative Contract Theory

Swaminathan

2023

Can. J. Law Jurisprud.

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This article outlines two models of constructing contract theory: The impinging model (based on metaethical cognitivism), which gives central place to truth and justification; and the projectivist model (based on metaethical non-cognitivism), which gives central place to attitudes and motivation. It is argued that modern contract theories which typically seek to present the whole body of contract doctrine as deducible from, and morally justifiable by, one or a small number of apex principles, presuppose the impinging model. By contrast, a projectivist approach to theory creation does not purport to offer justificatory apex principles, but rather argues for propositions that are likely to have maximum motivational purchase in the practical reasoning of contract law’s subjects. The article then goes on to point out the theoretical cost of the impinging model and argues that projectivist accounts do a better job of accommodating the internal point of view of contract law’s subjects.

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Section: Ratio Mathematica and Truth In History Of Theorizing: A Gene...mentioning

confidence: 99%

Metaethics and the Limits of Normative Contract Theory

Swaminathan

2023

Can. J. Law Jurisprud.

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“…He published "Two Books of the Elements of Universal Jurisprudence" in 1660, in which he applied a 'pure synthetic method' to describe a scientific theory of human action. 79 He formulated a project for an exact science of morals and jurisprudence. Like Grotius, he accepted human sociability as the first principle of natural law, but at the same time posited that human beings are inclined to hurt each other.…”

Section: Natural Law In Holland and Germany: Grotius And Pufendorfmentioning

confidence: 99%

The Development of the Continental Rule through Law

Nedzel

2019

SSRN Journal

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“…In brief, ‘governance’ entails a ceaseless dialectic between the contingency of experience and an idea of just order that cannot be objectified either in a theory or in a conclusive decision. ‘Power’, on the contrary, requires ‘a rational theory of action’ (Scattola 2009, 15) of which deliberation is meant to be the legitimate realization (see Scattola 2003b). ‘Governance’ implies an unauthorizable hierarchy, which however cannot be unconditional; ‘power’ takes absolutely equal and free subjects as a premise and draws absolute authority as a conclusion.…”

Section: The Principle Of ‘Governance’ Versus the Concept Of Powermentioning

confidence: 99%

Rethinking the sexual contract: The case of Thomas Hobbes

Rustighi

2018

Philosophy & Social Criticism

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Feminist scholars have long debated on a key contradiction in the political theory of Thomas Hobbes: While he sees women as free and equal to men in the state of nature, he postulates their subjection to male rule in the civil state without any apparent explanation. Focusing on Hobbes’s construction of the mother–child relationship, this article suggests that the subjugation of the mother to the father epitomizes the neutralization of the ancient principle of ‘governance’, which he replaces with a novel concept of ‘power’ as formally authorized command. This scrutiny leads to three main conclusions: (1) a radicalization of Pateman’s concept of ‘sexual contract'; (2) the acknowledgement that patriarchy is inseparable from the logic of political authority constructed by Hobbes; and (3) the claim that criticism of patriarchal rule requires an overall problematization of the mainstream conception of political participation we have inherited from modern political science.

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Scientia Iuris and Ius Naturae: The Jurisprudence of the Holy Roman Empire in the Seventeenth and Eighteenth Centuries

Cited by 9 publications

References 0 publications

Metaethics and the Limits of Normative Contract Theory

Metaethics and the Limits of Normative Contract Theory

The Development of the Continental Rule through Law

Rethinking the sexual contract: The case of Thomas Hobbes

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