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Institutes of divine jurisprudence : with selections from Foundations of the law of nature and nations / Christian Thomasius ; edited, translated, and with an Introduction by Thomas Ahnert.
- Format:
- Book
- Author/Creator:
- Thomasius, Christian, 1655-1728.
- Series:
- Natural law and enlightenment classics.
- Natural law and enlightenment classics
- Standardized Title:
- Institutiones jurisprudentiae divinae. English
- Language:
- English
- Latin
- Subjects (All):
- International law--Philosophy--Early works to 1800.
- International law.
- Natural law--Early works to 1800.
- Natural law.
- Religion and law--Early works to 1800.
- Religion and law.
- Physical Description:
- 1 online resource (697 p.)
- Edition:
- 1st ed.
- Place of Publication:
- Indianapolis, Ind. : Liberty Fund, Inc., c2011.
- Language Note:
- Translated from the Latin.
- Summary:
- Christian Thomasius's natural jurisprudence is essential to understanding the origins of the Enlightenment in Germany, where his importance was comparable to that of John Locke's in England.First published in 1688, Thomasius's "Institutionum jurisprudentiae divinae" ("Institutes of Divine Jurisprudence") attempted to draw a clear distinction between natural and revealed law and to emphasize that human reason was able to know the precepts of natural law without the aid of Scripture. Thomasius also argued that his orthodox Lutheran opponents had failed to understand this distinction and thereby had confused reason and Scripture.In addition to the "Institutes of Divine Jurisprudence, " this volume contains significant selections from his "Fundamenta juris naturae et gentium" ("Foundations of the Law of Nature and Nations"), published in 1705. In "Foundations" Thomasius significantly revised the theory he had put forward in the "Institutes, " and much of the "Foundations" therefore is a paragraph-by-paragraph commentary on his earlier ideas.These works are a companion to Thomasius's "Essays on Church, State, and Politics, " and together they provide the first-ever English presentation of this preeminent German thinker.Christian Thomasius (1655-1728) was a German philosopher and legal theorist. He was a cofounder of the University of Halle, where he was also a professor.Thomas Ahnert is a Senior Lecturer in History at the University of Edinburgh.Knud Haakonssen is Professor of Intellectual History at the University of Sussex, England.
- Contents:
- Book I. On jurisprudence in general
- On divine jurisprudence
- On the interpretation of divine laws in general and on practical principles
- On the interpretation of divine laws in particular, that is, on the first principles of natural law and positive universal law
- On the duties of man toward god
- Book II. On the duty of man toward himself
- On the duty of man toward others, in particular on preserving equality among humans
- On avoiding pride
- On not harming others and on compensating for harm that has been done
- On the various duties of humanity
- On the duty of persons forming an agreement
- On the duty of man concerning speech
- On the duty of those taking an oath
- On duty concerning things and their ownership
- On the duty concerning the prices of things
- On the interpretation of divine and human will insofar as it is expressed in words
- Book III. On the duty of man toward fellow humans in general
- On the duty of man with regard to conjugal society
- On the positive laws concerning the duties of marriage
- On the duties of parents and children
- On the duties of lords and servants
- On the duties of those living in a commonwealth
- On the duties of citizens in states concerning punishments
- On the duties of confederates
- On duties toward legates
- On duties toward the dead
- On the application of divine laws
- Selections from foundations of the law of nature and nations. The reason for this work
- On the moral nature of man
- On the law of nature and nations.
- Notes:
- Description based upon print version of record.
- Includes bibliographical references (p. 623-634) and index.
- ISBN:
- 1-61487-884-6
- OCLC:
- 816041360
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