Natural Law and Laws of Nature in Early Modern Europe

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Natural Law and Laws of Nature in Early Modern Europe by Lorraine Daston and Michael Stolleis
Publisher: Ashgate (December 22, 2008) | ISBN-10: 0754657612 | 350 pages | PDF | 1.3 MB

This collection of essays began in a shared puzzlement among a group of historians of law and of science: was the efflorescence of natural law in both European jurisprudence and natural philosophy from circa the mid-sixteenth through the mid-eighteenth centuries merely a coincidence? Was the fact that so many early modern authors seemed to use terms such as ius naturale and lex naturalis (or lex naturae) roughly as synonyms and, perhaps more significantly, to use the same qualifying adjectives, such as ‘certain’ and ‘universal’, to modify the ‘laws’ from
both realms just so much linguistic confusion? 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? If so, what were the implications of this common matrix for the understanding of natural laws in each discipline? This book attempts to give preliminary answers to these questions, on hand from examples drawn from the history of law, science, philosophy, and theology.

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