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Enforceable Duties: Cicero and Kant on the Legal Nature of Political Order
In: Jus cogens: a critical journal of philosophy of law and politics, Band 5, Heft 2-3, S. 255-275
ISSN: 2524-3985
AbstractThis article seeks to show the importance of Cicero for Kant by pointing out the systematic relationship between their respective views on ethics and law. Cicero was important to Kant because Cicero had already elaborated an imperative, "quasi-jural" conception of duty or obligation. Cicero had also already prefigured the distinction between ethical duties and duties of justice. The article does not establish any direct historical influence, but points out interesting systematic overlaps. The most important in the realm of ethics are a universal rationalism; a rule-based normative framework of duty; and skepticism about (Cicero), or rejection of (Kant), eudaimonism. In the realm of political theory, it is the centrality of law and of property that unites both thinkers; both reject voluntarism in thinking that consensus flows from the right external laws, not the other way around, and thus creates a juridical community; and lastly, both Cicero and Kant believe that transparence, or publicity, is a key ideal that might be presupposed by both the ethical and the juridical domain. The article thus shows that both Cicero and Kant separate ethics from law, but there are indications that neither has given up the aspiration to bridge the two realms on a higher plane. This reading of Kant yields both a more Ciceronian Kant and allows us to perceive Kantian aspects of Cicero.
Is the Law the Soul of the State?
In: European journal of international law
ISSN: 1464-3596
Leaving the State of Nature: Polybius on Resentment and the Emergence of Morals and Political Order
In: Polis: the journal for ancient greek political thought, Band 37, Heft 1, S. 9-43
ISSN: 2051-2996
Abstract
The possibility of cooperation and the stability of political order are long-standing problems. Polybius, well known for his Histories analysing the expansion of Rome and his description of the Roman constitution, also offers an intriguing social and political theory that covers ground from psycho-anthropological micro-foundations to institution-based political order, providing a genealogy of morals and political order that is best understood in game-theoretical terms. In this paper I try to give such an interpretation. Polybius' naturalistic, proto-game theoretical views show similarities with Hume, Smith and especially Hobbes' doctrine of sovereignty by acquisition. However, Polybius is original in crucial regards, giving a motivationally plausible account of institutional and especially constitutional solutions to moral and political problems. Constitutional order, for Polybius, embodies and makes possible in the first place a kind of political reason that cannot be had individually. Polybian political theory thus offers interesting solutions to problems concerning moral motivation, collective action, and the conditions for political order, as well as the explanation and character of institutions.
The Rule of Law: Sociology or Normative Theory? An Afterword to Martti Koskenniemi's Foreword
In: European journal of international law, Band 30, Heft 4, S. 1121-1127
ISSN: 1464-3596
Abstract
Martti Koskenniemi is correct to view Hugo Grotius as a thinker committed to the rule of law. But there is a crucial difference between Grotius' and Koskenniemi's respective concepts of the rule of law. Grotius' concept of the rule of law is normative and requires a moral cognitivist outlook. Koskenniemi, on the other hand, holds a sociological concept of the rule of law. Koskenniemi is correct that, for the rule of law to find its 'normative voice', Grotius may well be of help. For this normative voice to make itself heard, however, it will have to rise above the sceptical reduction of the rule of law to normatively inert sociological facts.
Neo-Roman Interlude
In: Crisis and Constitutionalism, S. 260-277
“Not Some Piece of Legislation”
In: Crisis and Constitutionalism, S. 27-62
Infinite Power? Emergencies and Extraordinary Powers in Constitutional Argument
In: Crisis and Constitutionalism, S. 63-117
The Roman Republic as a Constitutional Order from the Principate to the Renaissance
In: Crisis and Constitutionalism, S. 241-259
Greek vs. Roman Constitutional Thought
In: Crisis and Constitutionalism, S. 191-238
Jean Bodin and the Fall of the Roman Republic
In: Crisis and Constitutionalism, S. 278-302
Cicero and the Legitimacy of Political Authority
In: Crisis and Constitutionalism, S. 149-190
“The Sole Bulwark of Liberty”
In: Crisis and Constitutionalism, S. 118-146