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Vol 23 No 5 May/June 2018

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Natural Law and Laws of Nature in Early Modern Europe: Jurisprudence, Theology, Moral and Natural Philosophy

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Edited by: Daston, Stolleis Michael Lorraine

ISBN13: 9780754657613
Published: December 2008
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling.

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Preface; Introduction: Nature, law, and natural law in early modern Europe, Lorraine Daston and Michael Stolleis; From limits to laws: the construction of the nomological image of nature in early modern philosophy, Catherine Wilson; Expressing nature's regularities and their determinations in the late Renaissance, Ian Maclean; The legitimation of law through God, tradition, will, nature and constitution, Michael Stolleis; The concept of (natural) law in the doctrine of law and natural law of the early modern era, Jan Schröder; 'Lex certa' and 'ius certum': the search for legal certainty and security, Heinz Mohnhaupt; Crimen contra naturam, Andreas Roth; Nature's regularity in some Protestant natural philosophy textbooks 1530–1630, Sachiko Kusukawa; Natural order and divine salvation: Protestant conceptions in early modern Germany (1550–1750), Anne-Charlott Trepp; Natural law and celestial regularities from Copernicus to Kepler, Gerd Graßhof; The approach to a physical concept of law in the early modern period: a comparison between Matthias Bernegger and Richard Cumberland, Hubert Treiber; Leibniz's concept of jus naturale and lex naturalis – defined 'with geometric certainty', Klaus Luig; Controversies on nature as universal legality (1680–1710), Sophie Roux; From principles to regularities: tracing 'laws of nature' in early modern France and England, Friedrich Steinle; Unruly weather: natural law confronts natural variability, Lorraine Daston; In search of the Newton of the moral world: the intelligibility of society and the naturalist model of law from the end of the17th century to the middle of the 18th century, Catherine Larrère; Deus legislator, Jean-Robert Armogathe; Bibliography; Index.