Sunday, July 30, 2006

Grotius, continued

JB, you should list the books you are reading in comments; not sure if anyone else would be interested but I certainly am.

I am using books by Brian Tierney and Annabel Brett; Richard Tuck and Quentin Skinner have written on natural rights. I believe Ian Shapiro's book is written from a Straussian perspective. Tierney and Finnis are critical of Tuck's book, so I am not using it--I need to read the primary sources for myself. I have not had a chance to look through Skinner. His books were put on reserve for some courses.

I have not come across anything that provides complete medieval texts filled with the use of ius as subjective right--it is not clear to me how standard this usage was in canon or civil law.

From the Journal of International Human Rights:
Brian Tierney, "The Idea of Natural Rights--Origin and Persistence"
html, pdf
Michael Zuckert, "Natural Rights and Modern Constitutionalism"
html, pdf
Mary Ann Glendon, "The Rule of Law in the Universal Declaration of Human Rights " html, pdf

OLL section on 17th ce theorists

Michael Zuckert's faculty webpage
Christopher Wolfe reviews Michael Zuckert's The Natural Rights Republic
Page for his Natural Rights and the New Republicanism
Page for his Launching Liberalism: On Lockean Political Philosophy
"James Madison," "Thinkin' about Lincoln," "Natural Law Without God? Considering Russell Hittinger's The First Grace"
Audio files of his lecture on honor; info on Prof. Zuckert's Riley lecture
"Theorists Smith and Zuckert Argue Nature of Liberal Tradition"

Evidently both Prof. Zuckert and his wife were students of Strauss.
His stuff over at Claremont Institute: 1, 2

Vindicating the Founders website (author's page)

To be looked up:
"The ius commune and its demise"
"The Medieval Canon Law of Contract and Early Modern Treaty Law"

1 comment:

James said...

TC, Thank you for posting the links to several interesting sources. I'm about to go to Mass, but I intend on returning to read over your links with greater care. In particular, the James Madison article looks intriguing. I am reading from a book that I bought several years ago, I think you were with me when I bought it at the Byzantine store in dc.

From Irenaeus to Grotius; A Sourcebook in Christian Political Thought by O'Donnovan and O'Donnovan. It contains excerpts from important works of Grotius' and provides a commentary on them.

Also Father Fagothy has written a great ethics book. A real tour de force, that covers international law and briefly touches upon Grotius' contributions.

There is also a good article giving an overview of Suarez and Grotius, here is the ugly and complicated link:
http://www.icrc.org/web/eng/siteeng0.nsf/iwpList163/F126153B0408F65DC1256B66005B0666

I'm still not really clear by what is meant when we say "subjective rights" and their relationship to natural rights and natural law. Could you explain?

Gotta go, but will return later.