Hegel’s Concept of Ethical Life Today
An Ethical Modernity? investigates the relation between Hegel’s doctrine of ethical life ( Sittlichkeit) and modernity as a historical category and a philosophical concept. In this collection of essays, the authors analyze Hegel’s theory of ethical life from various perspectives: social ontology, social practices and beliefs, theory of judgment, relations between Hegel’s theory of ethical life and Kant’s ethics, Hegel’s philosophy of family, relation of the modern market to ‘European values’, the ethos of state and of international relations, and Hegel’s metaphilosophical commitment to philosophy. This volume is of importance to anyone interested in how Hegel’s practical philosophy relates to us and our times.
Author: Barbara Pasa

Abstract

The complex nature of industrial design, which combines functional and aesthetic elements, allows for different modes of protection, with cumulative, separate or partially overlapping regimes applicable according to different legal systems. The legal framework is rapidly changing, especially in Europe where the principle of cumulation of a special sui generis regime for protecting industrial design with copyright rules has been established. Over the last decade, the national courts of some Member States construed the “cumulative regime” with a peculiar meaning, while other courts enforced design rights in line with the interpretation given by the Court of Justice of the European Union. The copyright/design interface is presented here to a wider, non-specialist audience, taking as a starting point the notion of industrial design derived from design studies, on the borderline between art and science. Other challenges which will need to be confronted urgently over the coming years are also raised.

In: Brill Research Perspectives in Art and Law
Author: Hylkje de Jong
In Ἐντολή (mandatum) in den Basiliken Hylkje de Jong deals with the way the Byzantine jurists of the early period (6th and early 7th century) and later period (11th and 12th century) dealt with the law of mandate as they found this in respectively Justinian’s compilation and in the 9th century Basilica. Commonly characterised as consistent Byzantine dogmatics, the remarks of these Byzantine jurists appear to be in reality individual approaches, coloured by each jurist’s own methodology of interpreting.
Based upon the Basilica texts, the law of mandate is set out thematically: the mandate’s object, the liability of parties, actions, remunerations. De Jong proves convincingly that the Byzantine remarks provide a better understanding of Justinian Roman law.

In der Studie Ἐντολή (mandatum) in den Basiliken beschäftigt sich Hylkje de Jong mit der Art und Weise, wie sich die byzantinischen Juristen des 6. und frühen 7. aber auch des 11. und 12. Jahrhunderts mit dem Auftragsrechts befassten, das sie in Justinians Kompilation bzw. in den Basiliken des 9. Jahrhunderts fanden. Die Äußerungen dieser byzantinischen Juristen werden in der Regel als einheitliche byzantinische Rechtslehre aufgefasst, erweisen sich aber in Wirklichkeit als individuelle Ansätze, die von der Methodik des jeweiligen Juristen geprägt und gefärbt sind.
Basierend auf den Basilikentexten wird das Auftragsrecht thematisch dargestellt: Gegenstand des Mandats, Haftung der Parteien, Klagen, Vergütungen etc. Überzeugend weist De Jong nach, dass die byzantinischen Darlegungen ein besseres Verständnis des römischen Rechts von Justinian vermitteln.
Contemporary Discussions in Shī ͑ī Legal Theory
In Visions of Sharīʿa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory ( uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought. Bringing together authoritative voices and emerging scholars, from both ‘traditional’ seminaries and ‘Western’ academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shīʿī legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Sharīʿa.
Author: Lisa Broussois

Abstract

This chapter gives a better understanding of Rousseau’s and Burlamaqui’s views on the education of princes by comparing their divergent answers to the question of what can be expected from individuals born to rule. It explores the meaning and the role of the law of nature and nations in Burlamaqui’s teaching and takes the examples of two Burlamaquian princes to measure the success of education based on the laws of justice and humanity: Prince Frederick of Hessen-Kassel and Prince Gustav (iii) of Sweden.

In: The Law of Nations and Natural Law 1625-1800

Abstract

This chapter provides an overview of the research on the reception of Barbeyrac’s, Burlamaqui’s and Vattel’s works on the law of nature and nations. It examines how these key texts of the école romande du droit naturel were received and used in eighteenth-century Italy. The peculiar situation in the Italian peninsula, marked by the presence of a plurality of very different political regimes, constituted the context for enlightened debates on natural law, diplomacy and the law of nations. Discussions were often stimulated by texts that came from outside Italy. These, translated and annotated, aroused considerable interest in theories on social contract, sovereignty, constitutions, and the relationship between state and religion. The école romande du droit naturel had a major impact on these debates.

In: The Law of Nations and Natural Law 1625-1800

Abstract

This chapter deals with the five-volume edition of Hugo Grotius’ De jure belli ac pacis, published in Lausanne by Marc-Michel Bousquet in 1751–1752, which has so far never been commented upon in the literature. This edition comprises the commentaries of Gronovius, of Barbeyrac, and of Heinrich and Samuel Cocceji (father and son). The latter’s annotations to Grotius’ work as well as the 12 dissertations of Samuel Cocceji, which make up the fifth volume of the edition, had previously been published in Breslau as Grotius illustratus. The first part of the chapter deals with the edition in the context of the teaching and literary activities of the Swiss school (or école romande) of natural law. The second part exposes the Coccejis’ radical and very pronounced critique of Grotius’ concept of the voluntary law of nations (jus gentium voluntarium) and attempts to show how this critique strengthened the naturalist account of the law of nations of Pufendorf and his successors, which was the predominant line of thought in the école romande. The Coccejis’ position seems, however, to have had no reception in the Swiss – and indeed in the broader European – context in the second half of the eighteenth century. This was probably largely due to the influence of Christian Wolff and Emer de Vattel, who resumed Grotius’ dualist account of the law of nations.

In: The Law of Nations and Natural Law 1625-1800
Author: Patrick Milton

Abstract

The Peace of Westphalia had a profound impact on the early modern law of nations. Contrary to the still widespread myth of the ‘Westphalian system’, the Peace in many ways increased the scope for legally buttressed interventions in the domestic affairs of another state (the Holy Roman Empire), rather than reducing it. This occurred chiefly through an innovative application of the guarantee of an international treaty. Both guarantees and interventions were theorised by natural law authors in the context of their writings on the law of nations. This chapter explores how such writers assessed the Peace of Westphalia in general, and its international aspects in particular – chiefly its international and mutual guarantee – and compares it with the corresponding assessments by authors of other traditions, mainly that of ius publicum. While some natural lawyers allowed for interventions designed to protect foreign subjects, and therefore welcomed the ‘juridification’ of intervention resulting from the guarantee of the treaties of Westphalia, there was a widespread hostility to the guarantee as instrumentalized in practice, especially by France under Louis xiv. Writers of ius publicum similarly viewed the guarantee as a laudable instrument in theory, although they sought to set limits to its actual exercise in international politics, and warned against deriving from it a general right to intervene.

In: The Law of Nations and Natural Law 1625-1800
Author: Peter Schröder

Abstract

This chapter explores the international political thought of Johann Jacob Schmauss (1690–1757) and Johann Gottlieb Heineccius (1681–1741). Their writings are discussed in the wider context of the natural law tradition (in particular in view of Hobbes, Pufendorf and Gundling). They illuminate their use and at the same time the limits of natural law regarding interstate relations. Whereas Schmauss attempted to reformulate the notion of ‘interest’ in view of the European state system, which in his view found its clearest expression in the balance of power, Heineccius had little hope of solving the inherent problems of the antagonistic state system. While Schmauss tried to demonstrate that the real interest of each European state was enshrined in and protected by the balance of power, Heineccius was, similar to Hobbes, much more sceptical as to whether the aggressive conduct of states could be overcome.

In: The Law of Nations and Natural Law 1625-1800
In: The Law of Nations and Natural Law 1625-1800