Natural Law Research Articles

Spinozas Role in Reshaping the Concepts of Power and Rights of Freedom

This paper examines Spinoza's philosophical contributions to the discussion on democratic governance, emphasising his endorsement of individual autonomy, reason, and natural law, while also criticising authoritarianism. Spinoza's views provide valuable insights into the intricate relationship between human nature, societal structures, and political authority, within the context of historical discussions on freedom and governance. The research seeks to clarify the potential consequences of Spinoza's philosophical framework for modern political thought and practice through analysis. Spinoza argues that persons, being a part of nature, are subject to its laws and have intrinsic entitlements to self-preservation and liberty. He promotes the use of reason in guiding individual behaviour and society organisation, emphasising the significance of rational government. Nevertheless, Spinoza's theory exposes its shortcomings in addressing social disparities and systematic injustices, hence reproducing the biases prevalent throughout his day. Notwithstanding these limitations, his focus on rationality and freedom continues to have a significant impact on current debates over democracy, rights, and social justice. This study enhances our comprehension of the intricacies related to freedom, governance, and societal progress by conducting a thorough examination of Spinoza's works and relevant secondary sources.

How much (more) is fair to pay? The ethics of merit in assessing poverty wages in organizations

Purpose This study aims to conduct a comprehensive analysis of poverty salaries and minimum wage in light of virtue ethics and a new natural law perspective on work. Design/methodology/approach Existing approaches to poverty wages are critically examined, including the nonworseness claim and legal minimalism. This paper introduces a more nuanced framework, taking into account the concepts of merit and participation in light of virtue ethics. Findings We argue that the fairness of minimum wage policies can be assessed as a matter of contributive-distributive justice by considering individual contributions to an organization's outcomes within an approach that provides a robust foundation for reconciling the dignity of work with the operational realities of organizations. Research limitations/implications Empirical research is needed to validate the practical application of the proposed conceptual framework for addressing poverty wages. Practical implications The paper provides better decisional arguments for employers concerned with poverty salaries in their organizations considering the moral dimensions of wage policies and employee well-being, offering guidance for potential adjustments in compensation practices. It also contributes to the discourse on social and economic justice by emphasizing the moral obligations of organizations in fostering a just and dignified work environment without the employee's participation. Originality/value This paper presents a novel approach that blends virtue ethics and new natural law principles, emphasizing the moral responsibilities of employers and organizations in addressing the conditions of the working poor. It also highlights the potential for a “lesser evil” situation, morally acceptable when it serves as a transitional phase aimed at improving working conditions and employee well-being.

The Classical and Christian Origins of American Politics: Political Theology, Natural Law, and the American Founding. By Kody W. Cooper and Justin Buckley Dyer

The Classical and Christian Origins of American Politics: Political Theology, Natural Law, and the American Founding. By Kody W. Cooper and Justin Buckley Dyer

The majesty of commerce. Between royal supreme dominion and commercial law in the Spanish Indies (1674-1693)

This article analyses how, through trade, the “supreme power” of the Hispanic monarchy was refuted by natural law and the law of nations at the end of the 17th century in the kingdoms of the Indies. This work explains –from the court system approach– the reasons that provoked the turning point of a disintegration of the domestic economic system (oeconomia), based on the grand governments of the viceroys in Spanish America, to give way to another model of political economy, more secularised and centralised (Consulado de Comerciantes de Lima), in which freedom of trade and the defence of individual property led to the reconfiguration of the political and economic space of America. Finally, it will be concluded that the American consulates of commerce encouraged the end of the “absolute power” of the viceroys, while promoting commercial development and the defence of the law of nations, anticipating the reforms of the Enlightenment.

The Natural Laws of Plot: How Things Happen in Realist Novels

The Natural Laws of Plot: How Things Happen in Realist Novels

Этические теории Иммануила Канта и Христиана Вольфа: сходства и различия

The article compares the ethical concepts of Christian Wolff and Immanuel Kant and identifies not only coincidences, but also, mainly, their fundamental differences. On the one hand, Wolff denies the possibility of attributing good or evil to an action depending on the will of God. On the other hand, the Creator is the one who actualizes the existing relationship between things, and therefore moral assessment is still inseparable from him. For Kant, the divine will is completely excluded as a source of moral law, but at the same time it is a natural result of the consistent fulfillment of the moral dictates of reason. The concept of freedom is equally important for both thinkers. Wolff insists on its necessity, but hardly justifies its possibility, since he attributes any immoral action not to freedom of choice, but to a lack of knowledge. The philosopher does not assume a mismatch of will and reason. In addition, the thinker assumes a universal determinism of nature, the latter expresses itself in a natural law, which also coincides with the divine law. The basic principle of Wolfian ethics is perfection, which is not strictly defined and which Kant himself considers unclear. Thus, the moral character of an action, according to Wolff, depends not only on these laws, but also on the principle of perfection. At the same time, for Kant, the morality of an action depends on compliance with the moral law, and first of all, the intention preceding the action or inaction is evaluated. In Wolff'’s case, the consequence arising from the act is subject to evaluation, which is the opposite of Kant’s ideas.

The Economic Consequences of the Reflexivisation of the Concept of Intellectual Property – A Theoretical Approach

Abstract Intellectual property is, from the perspective of economic theory, quite a stand-out. It retains the meritocratic particularities of material property – and, as such, advocating for its validity seems justified to many on the grounds that it helps the economic agent appropriate the benefits of his (in this case, intellectual) labour, while also being, in and of itself, immune to the scarcity which is inherent to “standard”, material property and, therefore, to the so-called “natural laws” governing most laissez-faire moral convictions, seeming to be a rather positive construction instead. Such a peculiar set of attributes is bound to make this concept sensitive to both intellectual differences among its “scientific undertakers” and applicative disturbances. If the praxeological approach of some Austrian School economists, like Stephan Kinsella, renders intellectual property a monopolistic obstacle in the way of proper free market development, other advocates of laissez-faire economics, such as Ayn Rand, fully embrace the notion and even consider it the only valid form of private property in existence (material property being nothing more than one of its sub-categories). This paper features an exclusively theoretical, non-empirical methodological approach, its aim being to analyse the way in which three key psychoanalytical issues of “reflexivisation”, present (also) in the field of economics, affect the concept of intellectual property. These issues are as follows: 1. How the economic agents who directly relate their (intellectual) activity to this concept risk altering some / all of the significance of its interpretative functions; 2. How the “grey area” specific to most “human rights” prevents the proper use of intellectual property rights and fuels the rhetoric used by its opponents; and 3. How some of the theoretical approaches advocating for / being against this concept are unknowingly driven by what psychoanalysis refers to as either neurosis (in the case of its advocates) or psychosis (mostly in the case of its opponents). The aimed result of this research is to provide a proper economic interpretation of the way in which the theoretical conceptual evolution of intellectual property may be affected by its very own “reflexivisation”.

Rethinking Justice: Unraveling the Tapestry of Justice in Islamic and Western Philosophies

Throughout human civilization, justice has been an enduring value, evolving through continuous advocacy. Fueled by human reason, individuals consistently elevate their standards, leading to the transformation of justice derived from natural law, societal changes, and religious doctrines. This dynamic process signifies that humanity, along with its cultures, laws, and justice perceptions, progresses rather than regresses—growing more intricate, sophisticated, and advanced. This article delves into the development of justice concepts in Islamic and Western cultures across classical, modern, postmodern, and contemporary eras. Utilizing a philosophical approach, it argues that justice undergoes a developmental evolution in both cultures—from discussions in the context of natural law to exploring religious justice and culminating in discussions of social justice. Despite epistemological differences, both Islamic and Western cultures remain inseparable from justice principles: enforcing justice, presupposing equality, aligning with truth, embodying equilibrium, and positioning things rightly.

Концепция контингентности и ее значение в философии Эмиля Бутру

The article examines the concept of contingency of nature and scientific laws, put for­ward and set forth in a number of works by the French spiritualist philosopher Emile Boutroux (1845–1921). The principle of contingency became for him an important tool in solving complex interrelated problems: 1) to substantiate spiritualism, including its key idea of ​​freedom, based on the scientific knowledge of the era in which issues of phi­losophical epistemology were becoming increasingly important; 2) thereby contribute to the revival of metaphysics, which was threatened with marginalization due to the pro­motion of the ideas of positivism and scientism. Considering the hierarchy of genera, or levels of being, as well as the laws corresponding to them, Boutroux sought to prove that the world is not dominated by rigid necessity, but by contingency. Accordingly, in scientific laws there is a certain amount of convention, which increases as one moves from the lower stages of being, those closest to matter, where determinism manifests it­self most strongly, to the highest levels, where the main role is played by the spiritual principle with its inherent freedom. It is this freedom, which cannot be comprehended in experience, that is expressed in contingency, which is a characteristic feature of being. Thus, the principle of contingency appears in Boutroux’s concept as the main principle of knowledge and explanation in philosophy, which allows metaphysics to return its meaning, denied by positivism, and to substantiate human freedom.

Design and development of a space suit mock-up for VR-based EVA research and simulation

Earth-based Extra-Vehicular Activity (EVA) simulation has always been the subject of study by space agencies aimed at reproducing the most accurate experience for astronauts. Challenges and limitations are many and not limited to the natural Laws; the space suit system, an integral part of the successful Extra-Vehicular Activity (EVA), must present the same conditions to the user as it would in the environment of operation. NASA is the most prominent example of a long tradition for a faithful simulation of outer space in which astronauts operate during EVAs: the Neutral Buoyancy Lab at Johnson Space Center in Houston still represents the standard when it comes to providing astronauts with a realistic experience. However, such infrastructures can be difficult to access, considering the renewed interest in space, which is advocated by new private players looking into Low Earth Orbit (LEO) access in the short to medium term. Virtual Reality (VR) provides users with new, flexible, and relatively inexpensive ways of simulating the space environment during an EVA, without the need to build large-scale pools and mock-ups of vehicles. In this paper, it'll be shown how the Sasakawa International Center for Space Architecture (SICSA) at the University of Houston is working to provide students and researchers with a Virtual Reality (VR)-based infrastructure to simulate EVAs and Space Architectures, which are also designed in-situ. An essential component to achieve realism of experience is the design and construction, done entirely in-house, of a mock-up of the latest NASA Artemis Exploration Extra Vehicular Mobility Unit (xEMU) space suit, to recreate the physical constraints that such a garment imposes on astronauts, which cannot be entirely simulated with VR. It'll be shown how this space suit replica substantially enhances the accuracy of the experience, by replicating the mechanisms of the xEMU suit, complementing the virtual experience provided at the same time.

The Story of Fictional Truth: Realism from the Death to the Rise of the Novel by Paul Dawson, and: The Natural Laws of Plot: How Things Happen in Realist Novels by Yoon Sun Lee (review)

The Story of Fictional Truth: Realism from the Death to the Rise of the Novel by Paul Dawson, and: The Natural Laws of Plot: How Things Happen in Realist Novels by Yoon Sun Lee (review)

ANALISIS SEJARAH DAN PERKEMBANGAN TEORI UTILITARIANISME TERHADAP HUKUM INDONESIA

There are several schools of legal thought in philosophy, including the Natural Law School, the Positive Law School, the Utilitarian Law School, the Historical School, and others. All schools of law have their own concepts as a basis for making laws. In its actualization, these various legal schools exist in the lives of many people, both the international community and Indonesian society. Utilitarianism places benefit as the goal of law. What is meant by usefulness is happiness. Whether a law is good or not really depends on whether the law makes humanity happy or not. This Utilitarian school was pioneered by Jeremy Bentham (1748 – 1832), a philosopher, jurist economist and legal reformer. Bentham was able to weave the "thread" of the principle of utility into a broad ethical and legal doctrine known as utilitarianism. A law can only be recognized as law if it provides the greatest benefit to the greatest number of people. This principle was put forward by Bentham in his work Introduction to the Principles of Morals and Legislation (1789), which stated that law aims at "the greatest happiness for the greatest number". Lawmakers in drafting laws must involve looking for ways to realize "good". Lawmakers must take into account the fact that the actions they wish to prevent are “bad” or “criminal.”

Das sakrale Bild von Schuld, Unschuld und Sühne

Guilt and innocence can be viewed from both the secular and the sacred side. Modern law is no longer aware of this double-sidedness, but until the legal world of the 18th century, which was determined by natural law, this two-sidedness was represented in many legal sources in the form of a combination of image and text as an opening for the sacred side, so to speak, followed by the legal text for the secular dimension. In my overview, I will present seven examples of this rich source material of European legal culture, which I will interpret according to the scientific method of legal iconography.

Decolonizing nature conservation according to natural law: learning from the Kogui

With rising concerns over the failed outcomes of global conservation strategies and the militarization of environmental monitoring and enforcement, there is an urgent need for decolonizing nature conservation. This article examines the position of Indigenous peoples as rights-and-knowledge-holders in this discourse and the vital role they play in biodiversity conservation globally. I present a 2018 case study of the Kogui Indigenous peoples of Sierra Nevada de Santa Marta, Colombia, one of the last remaining examples of a sustainable biocultural system. My results demonstrate that the success of the Kogui is largely defined by their: (a) nature-based cosmovision, (b) strong cultural identity related to that cosmovision, and (c) functioning governance system ordered by Natural Law. These findings stand as beacons to reframe the nature conservation paradigm and help humanity re-find and re-connect with our place in, and relationship with, both the material and non-material worlds.

Confucian principles, Reason and Conscience: Three “Imitating the Heaven” Judicial Paths of Ancient Confucian Judge

When Confucian officials hearing case in ancient China, they should not only consider the written provisions of the law, but also consider the higher norms outside the law, the Confucian principles, Reason and Conscience are the main manifestations of these norms. The Confucian classics are the words of the sages, which are considered the truth of the Heven. Judicial decision according to the “Confucian Principles” means trying cases according to the way of heaven. “Reason” is the fusion of “human feelings” and “heavenly principles”, and “human feelings” are the embodiment of “heavenly principles” in social life. The Original Heart” or Conscience is the manifestation of the “heavenly principle” in the hearts of the people, and the judge hears the lawsuit according to the “Original Heart”, which is to follow the “heavenly principle” to judge the cases. All these are the “Imitating the Heaven” ways in judicial field, which has made up for the shortcomings of the written law to a considerable extent. This has also corrected the possible injustice of the written law, reflecting the Confucian officials’ pursuit of “natural law” and judicial “justice”.

Az ellenállási jog értelmezése és gyakorlata a Vetus Testamentumban és a Novum Testamentumban

This study shows that the right to resist tyranny has deep biblical roots. It derives directly from the biblical principle of the primacy and supremacy of divine and natural law, reflecting universal divine eternal order and justice. From the fact that even public authority is subject to these laws and that, in the event of a conflict with such laws, man-made laws and authority cannot claim obedience. In this case, resistance to them is not only a right but also a conscientious duty. This paper provides a broad outline of the biblical principles that underpin resistance to tyranny. It then describes some of the cases of resistance in the books of the Old and New Testaments which, among many others, have been recurring in the works of the leading authors on the right of resistance throughout European history.

Az apaszerep funkciói és az engedelmesség foka a kora újkori államelméletekben

In the early modern theories of the state, thinking about governance started from the idea of body politic, through the introduction of passions and the family, to the patriarchal theory of the state, in which the monarch governs the people as a family as head of the family. To the head of the family, like to the monarch, the members of the family, like the people, owe obedience according to the laws of nature. The family has become the interpretative framework for the description of society, in which the monarch, by right of his supremacy, has been transformed into the head of the family. At the same time, the concept of the head of the family has undergone a significant change. The change in the role of the father has been accompanied by a change in the content of obedience as well.

Unendlichkeit (Infinity)

This entry argues that, in his poetic as well as theoretical and scientific writings, Goethe adopts a dialectical position vis-à-vis one of the dominant philosophical concepts of the modern age: infinity (Unendlichkeit). While the concept of infinity came to be embraced by the end of the eighteenth century in literature and philosophy, as well as in the powerful tool of infinitesimal calculus, Goethe consistently emphasized the need for a dialectic between the finite and the infinite in which the internal force driving humans and nature beyond all limits must be balanced or counteracted by an equal force drawing them back towards the world of finitude. Goethe depicts this dialectic as both an inherent law of nature and an ethical and existential feature of humanity.

The Law of Nature and Nurture and Its Impact on Education

The debate between nature and nurture is a long-standing and highly deliberated concept in fields ranging from psychology to education. This research therefore sought to determine the effects of nature and nurture on academic performance, learning approaches, behaviours, and educational expectations among students within the context of Ogun State, Nigeria. The study adopted a quantitative research design where data was collected from 240 students and 60 teachers from three local government areas using structured questionnaires. Descriptive statistics, correlation analyses, and independent sample t-tests were used to analyze data. In this context, both direct genetic effects and indirect environmental influences on the investigated educational outcomes were identified. However, the level of using environmental factors including socioeconomic status, family, teaching approaches and resources was higher with significantly more frequency. The correlation analyses and t-tests also corroborated these findings, suggesting a connection between environment and academic performance, learning styles, behavioural patterns and educational achievements. The study adds to the current body of knowledge on the nature-nurture debate within the context of the education system in Nigeria. The findings underscore the role of socioeconomic status in children’s achievement and readiness to learn, emphasizing the need for equal opportunities in education and support for their aspirations. In the same respect, the study emphasizes the importance of a bio-psychosocial model that considers both genetic predeterminations and environmental conditions to explain educational processes and performance.

From Natural Law to Relativism: Joseph Ratzinger on the Normative Transformation since Kant

ABSTRACT The aim of this article is to fill a certain gap in the assessment of relativism by drawing on Joseph Ratzinger’s (1927–2022) criticism of the normative transformation since Kant. During the Enlightenment, Natural Law was doubted as a cultural feature of Christianity that had no bearing on pluralist society. Consequently, this jurisprudential tradition underwent de-Hellenization and branched out in radical directions, the most decisive of which was Kant’s post-metaphysical system of natural values. Positivism and German Idealism attempted to restore the unity of philosophy that Kant’s philosophy had disrupted. Yet even more influentially, in the nineteenth and twentieth centuries it was Marxism that relativized the doxological aspect of normativity by emphasizing the importance of praxis. Since philosophy became neither an exact science as Kant had conceived it to be, nor a practical programme for social justice as Marxism had promised, the Existentialists, and particularly Sartre, advocated a more radical philosophy of freedom. Ratzinger argues that despite the nuances of post-Kantian philosophy, Positivism, Existentialism, and Marxism failed to comprehend the human condition and that the positivist method resulted in an overwhelming relativism that has reduced normativity to a matter of correct procedures rather than regarding it as the foundation of the inviolable dignity of the human being.