This volume collects some of the best writings on Spinoza's philosophy of law and includes a critical examination of Spinoza's theory of the types of law, his natural law theory, as well as the modern reformulation of his approach to the nature of laws and to natural rights. This collection of essays (some of which are published in the English language for the very first time) shows how Spinoza was able to deliver a revolutionary idea of natural law that breaks away from the traditions of natural law and of legal positivism. The bulk of Spinoza's references to law derive from his metaphysical and political texts, but they have sufficient depth in order to form a groundbreaking theory of law that has been somewhat neglected by modern jurisprudence. The volume also features an introduction which places Spinoza's writings in the context of modern jurisprudence as well as an extensive bibliography. It is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries; it is also essential to anybody who wishes to engage in Spinoza studies nowadays, whose practical philosophy has received a recent boom in attention by readers throughout the world.
First published 2015 by Ashgate Publishing.
Formatted Contents Note
part Part I Spinoza's Theory of Law chapter 1 Huntington Cairns (1948), 'Spinoza's Theory of Law', Columbia Law Review, 48, pp. 1032-48 chapter 2 Hans Gribnau (1992), 'The Power of Law. Spinoza's Contribution to Legal Theory', Nederlands Juristenblad, 67, pp. 1443-51. Translated for this volume chapter 3 Roberto Ciccarelli (2003), 'Spinoza's Critique of Law', in Potenza e beatitudine: Il diritto nel pensiero di Baruch Spinoza, pp. 89-98. Translated for this volume chapter 4 Benoit Frydman (2003), 'Divorcing Power and Reason: Spinoza and the Founding of Modern Law', Cardozo Law Review, 25, pp. 607-25 part Part II Natural Law chapter 5 Errol E. Harris (1984), 'Spinoza's Treatment of Natural Law', in C. De Deugd (edition), Spinoza's Political and Theological Thought, Amsterdam: North-Holland Publishing Company, pp. 63-72 chapter 6 Edwin Curley (1991), 'The State of Nature and Its Law in Hobbes and Spinoza', Philosophical Topics, 19, pp. 97-117 chapter 7 Aaron Garrett (2003), 'Spinoza as Natural Lawyer', Cardozo Law Review, 25, pp. 627-41 chapter 8 Matthew J. Kisner (2011), 'The Natural Law', in Spinoza on Human Freedom, Cambridge: Cambridge University Press, pp. 112-34 part Part III The Nature of Laws chapter 9 Gérard Courtois (1980), 'Laws in Spinoza and Saint Thomas Aquinas', Archives de philosophie du droit, 25, pp. 159-89. Translated for this volume chapter 10 Otto Pfersmann (2003), 'Law's Normativity in Spinoza's Naturalism', Cardozo Law Review, 25, pp. 643-56 chapter 11 Donald Rutherford (2010), 'Spinoza's Conception of Law: Metaphysics and Ethics', in Yitzhak Y. Melamed and Michael A. Rosenthai (eds), Spinoza's Theological Political Treatise: A Critical Guide, Cambridge: Cambridge University Press, pp. 143-67 chapter 12 André Santos Campos (2012), 'Laws of Nature', in Spinoza 's Revolutions in Natural Law, Basingstoke: Palgrave Macmillan, pp. 53-88 chapter 13 Diogo Pires Aurélio (2014), 'Spinoza, Kelsen and the Nature of the Legal Norm', in O mais natural dos regimes: Espinosa e a democracia, Lisbon: Temas and Debates, pp. 280-310. Translated for this volume part Part IV Civil Law and International Law chapter 14 Gail Belaief(1971), 'The Concept of Civil Law in Spinoza', in Spinoza's Philosophy of Law, The Hague: Mouton, pp. 13-33 chapter 15 Manfred Walther (2003), 'Natural Law, Civil Law, and International Law in Spinoza', Cardozo Law Review, 25, pp. 657-65 chapter 16 H. Lauterpacht (1927), 'Spinoza and International Law', British Year Book of International Law, 8, pp. 89-107 chapter 17 G.A. van der Wal (1985), 'Spinoza and the Idea of Reason of State', Studia Spinozana, 1, pp. 275-304 part Part V Individual Rights chapter 18 Paolo Cristofolini (2009), 'Esse sui juris and Political Science', in La scienza intuitiva di Spinoza, Pisa: Edizioni ETS, pp. 57-72. Translated for this volume chapter 19 David West (1993), 'Spinoza on Positive Freedom', Political Studies, 41, pp. 284-96 chapter 20 Theo Verbeek (2007), 'Spinoza on Natural Rights', Intellectual History Review, 17, pp.257-75 chapter 21 Justin D. Steinberg (2008), 'Spinoza on Being sui iuris and the Republican Conception of Liberty', History of European Ideas, 34, pp. 239-49.