Unsociable Sociability and the Crisis of Natural Law: Michael Hissmann (1752–1784) on the State of Nature

Summary

This article studies the impact of the debate about human sociability on the crisis of natural law in the later eighteenth century examining the Untersuchungen über den Stand der Natur of 1780 by the Göttingen scholar Michael Hissmann. It makes the case that this crisis ensued from Rousseau's Discours sur l‘inégalité and a revival of neo-Epicurean trends in moral philosophy more generally. The sociability debate revolved around the question to what extent society was natural or artificial to man. This had important implications for the problem of whether distinctions between right and wrong or just and unjust were natural and inborn, or had developed at a much later stage of mankind's history, reflecting merely the respective needs and utility of different societies and cultures. Hissmann's essay summarises this European debate concisely. His point of departure is Rousseauian premises, yet his political conclusions turn Rousseau upside down. Here, Hissmann's essay opens up several questions regarding the allegedly radical political character of one-substance theories in philosophy.     

Law,Principle, and the Theologico-Political History of Sovereignty

Abstract

This article takes it cue from the debate between Carl Schmitt and Erik Peterson regarding the possibility of political theology within Christianity, and in response, offers a conceptual-historical portrait of sovereignty and its juridical dimensions. Beginning with the introduction of Roman law into the medieval Church, the article traces the logic of “legal principle” as the basis of sovereign decision and how the form of legal distinctions adopted into canon law translate the Romanitas of law into the theory of papal sovereignty. By the Romanitas of law, that is to say the principle of sovereignty in law. The article then seeks to describe the conceptual translations of Roman politics and Stoic metaphysics into theological form and the logic of this translation into medieval natural law. The article concludes by evaluating how the civic theology of Rome is conceptually inherited by the politics and legal framework of sovereignty and returns to Peterson’s critique of Schmitt, arguing that political theology can be understood as a dynamic where politics is theologized, assuming that in the history of religion, theology and politics are never fully distinct to begin with.     

Bayle’s political doctrine: a proposal to articulate tolerance and sovereignty

ABSTRACT

For most interpreters of the philosopher from Rotterdam, his political doctrine is solely a consequence of his religious and moral doctrines, and so an image of Bayle as a political philosopher is not usually presented. To my mind, however, only by analyzing his political doctrine can the extent of his religious proposal be understood. In this article, I intend to show that both the Baylean criticism of popular sovereignty and his rejection of the right of resistance are analyses that are indissociable from the Baylean doctrine of tolerance. The protection of individual freedom of conscience and the defense of a multi-confessional state model, tolerant regarding religious minorities, can only be articulated as historical reality if they rest on the political doctrine of indivisible sovereignty and on the strictest separation between political obedience and religious membership.     

Judd's China: a missionary congressman and US–China policy

Congressman Walter Henry Judd was an active player in Sino–US relations in the twentieth century. Unique for an American Congressman, he served for 10 years as a medical missionary in China. This article examines his motivation for going to China, his perceptions of Chinese culture, society, and politics, and the impact of Chinese culture on him. It demonstrates that cultural influence is not a one‐way process, but reciprocal. Judd's views of China and his ardent Christian beliefs made him in turn a liberal missionary and a conservative anti‐Communist congressman with a significant role in Sino–US relations. His political behavior was profoundly influenced by both ideology and the attitudes and judgments shaped by his 10 years in China.     

Volksunruhen in Württemberg 1789–1801

The juridical force of time forms a critical, but hitherto unexplored part of Hugo Grotius’s discourse on the justice of war and peace. Grotius defines war as a span of time in which disputed rights and armed conflicts between states are examined in reference to temporal coordinates. This method allows him to adjust otherwise static laws to meet the demands of times and spaces in an increasingly expanded world. In doing so, Grotius is also able to reconcile multiple layers of laws in a temporal framework, which suspends one layer of law, to be revived at later times. Finally, cautious in the use of the language of time, Grotius admits both that right demands immediacy, and that justice suffers delays. By this nexus of delay (mora) and emergency (necessitas), Grotius warns against the abuse of ‘time’ as a legal concept to justify unlawful claims, which still rings with alarm today.     

Maritime territorialisation as performance of sovereignty and nationhood in the South China Sea

The South China Sea (SCS) is a conflict‐ridden international arena of rivalry between China, the USA, India, and the other ASEAN countries over sovereignty, resources and security. In this geopolitical clash China is the dominant force and Vietnam its main challenger. While most analysts assume that the various claims to the mostly uninhabited islands are motivated by the presence of submarine mineral resources, the conflicts evoke strong nationalist feelings in Vietnam and China, fuelled by narratives of the historical presence of fisheries and navies. By analysing the tension between complex territorial claims, new technologies and forms of knowledge applied by these states to delineate their material borders on the sea and vernacular notions of social space, this paper explores how sovereignty and nationality is enacted on a day‐to‐day basis. Thus, I argue that maritime territorialisation is a paradox of treating the sea as ‘land’ produced by the performance of a socially constructed image of the state geo‐body capitalising on strong nationalistic sentiments in China and Vietnam.     

我国教师资格制度的法制化进程

自 1 986年起 ,我国教师资格制度开始由以行政命令、政策规定的弱强制性程度阶段向法令规定的高强制性程度转向 ,即开始了法制化的进程。先后经历了教师资格制度法制规范初步建立阶段 ( 1 986— 1 993年 ) ,教师资格制度的法制规范完善阶段 ( 1 993— 2 0 0 0年 ) ,2 0 0 0年 9月 2 3日 ,我国颁发了《〈教师资格条例〉实施办法》 ,它的出台标志着我国建立起一整套教师资格制度的法制规范体系 ,标志着较为完备的教师资格制度的确立。通过对这一过程的考察 ,有助于增强对我国教师资格制度法制化进程的特点和精神实质的理解 ,从而增强我们依法治教、依法治师的自觉意识。     

我国政府角色归位的对策和建议——以湖南省情为研究背景

我国政府角色归位应该从影响政府定位因素的诸多关系出发。从处理政府与社会关系来看,要落实好以人为本;从处理政府与市场关系来看,要谋划好市场规划;从处理好政府与社会关系来看,要培育好公民社会;从处理好政府与政党关系看,要调整好权力格局;从处理好政府与自然关系来看,要坚持科学发展观。     

POETIC PRISM: THE CANADIAN FORUM IN THE GREAT DEPRESSION

This article ponders the quest for a new Quebec constitution. It critically analyzes a proposed Quebec constitution introduced as a bill in Quebec's National Assembly in 2007 ¹ 1. Québec Official Publisher (2007a Québec Official Publisher. 2007a. National Assembly, First Session, Thirty-Eighth Legislature, Bill 196, Québec Constitution. Québec Official Publisher http://www.assnat.qc.ca/eng/38legislature1/Projets-loi/Publics/07-a196.pdf (Accessed: 20 May 2008).  [Google Scholar]). and probes the meaning and significance of such a provincial constitution. It makes some comparisons of Quebec's current constitution with those of other provinces and concludes by reflecting on the political prospects and legal effects of such a proposed new constitution. The adoption of a new Quebec constitution, along the lines proposed in 2007 and 2008, should not significantly alter Canada's constitutional order under Canadian law or affect Quebec's current constitutional arrangements with Ottawa and the other provinces. Such a new constitution might, however, come to prevail over other Quebec laws. The objectives of the proposed new constitution are to forge and reinforce Quebecers' sense of a common political identity. The project, however, is not currently at the forefront of discussion.     

The Moral Theologian,Oliver O'Donovan and International Law

Abstract

Oliver O'Donovan renders a singular contribution to the theory and history of international law by identifying the spiritual impoverishment of the discipline following the triumph of state-centred contractarianism in the theory of international relations, with Hobbes, Locke, Kant and, for the present, John Rawls. This contractarian approach to international society has an inherent tendency, which O'Donovan highlights, to ground international order in the hegemonic claim of one or two countries to represent the values of the whole of humanity. With a combination of rational moral theology and biblical interpretation (Revelation), O'Donovan reasserts an international order grounded in the autonomous identities of the nations, which God has recognized as equal. With a theory of political legitimacy which rests upon representation of national identity, O'Donovan points the way to an international order based upon mutual respect among nations under natural law, in the classical medieval sense finally represented by Grotius and Suarez. This article describes again what the natural law tradition meant in the hands of Aquinas and Vitoria, in order to highlight the fact that the ontological dimension of natural law theory provides a way to meet the intolerable insecurities which theories of nationalism appear to generate. Then the article goes on to offer one way to bring natural law thinking up to date for contemporary audiences by drawing upon Paul Ricoeur's phenomenological theory of mutual recognition and respect among the nations as a way of going beyond the contractarian tradition in contemporary international law and relations theory.