Contract Before The Enlightenment

This volume provides the first in-depth intellectual history of the contractual thought of Viscount Stair, a pivotal figure in the shaping of Scots Law. It traces the key influences from theology, philosophy, and natural law that through Stair contributed to a distinct approach to legal thought in Scotland.

Contract Before the Enlightenment represents a fresh investigation of what was then a ground-breaking approach to the law of contract written by James Dalrymple, Viscount Stair (1619-1695), lauded by some as the founding father of Scots law. As a judge and public figure, Stair was at the forefront of both political and legal developments in Scotland from the 1640s until he died in 1695. This study explores the development and reception of his ideas relating to the law of contract on the eve of the Scottish Enlightenment. It is here that Stair's legal legacy is most evident, and where the imprint of Calvinism, Aristotelianism, and Protestant natural law can be found within Scottish legal thought. In his legal treatise, the Institutions of Law of Scotland you find a sophisticated, innovative, and novel synthesis of Roman law with Stair's own Calvinist variant of a Protestant natural law theory. Yet it is also possible to find, once the theistic premises of Stair's natural law theory are dropped, the beginnings of a form of Scottish moral philosophy that rose to prominence in the eighteenth century. Undoubtedly, Stair is not only a key figure within Scottish legal history but also significant to how we understand the transition of Scottish intellectual life from the execution of Charles I to the emergence of the Scottish Enlightenment.

This introduction explores the history of the 18th-century Enlightenment movement. Considering its intellectual commitments, Robertson then turns to their impact on society, and the ways in which Enlightenment thinkers sought to further the goal of human betterment, by promoting economic improvement and civil and political justice.

The Secular Contract seeks to defend the European Enlightenment's secularization of political philosophy by promoting an understanding of Enlightenment secular liberalism and extending it to contemporary issues. The work proposes that the Enlightenment united the secularizing trends that occurred at the time across all areas of knowledge into a "secular contract" for modern politics. It argues that this was a normatively valuable enterprise whose aims and arguments need to be recovered today, especially in light of the challenges faced by the West, including fundamentalist Christianity in the US and radical Islam in Europe. Looking at the works of many thinkers, such as Hobbes, Jefferson, Madison, Rousseau, the book then shifts to the present day to argue for a different liberalism, as suggested by such contemporary thinkers as William Galston or Stephen Macedo. An engaging read, The Secular Contract will appeal to anyone interested in political theory and the history of ideas.

Enlightenment in Scotland and France: Studies in Political Thought provides comparative analysis of the Scottish and French Enlightenments. Studies of the two Enlightenments have previously focused on the transnational, their story one of continuity between Scottish intellectuals and French philosophes and of a mutual commitment to combat fanaticism in all its forms. This book contends that what has been missing, by and large, from the scholarly literature is the comparative analysis that underscores the contrasts as well as the similarities of the Enlightenments in Scotland and France. This book shows that, although the similarities of "enlightened" political thought in the two countries are substantial, the differences are also remarkable and stand out in culminating relief in the Scottish and French reactions to the American Revolution. Mark Hulliung argues that it was 1776, not 1789, that was the moment when the spokespersons for Enlightenment in Scotland and France parted company.

The principal protagonists of this history of the Enlightenment are non-literate, poor, and enslaved colonial litigants who began to sue their superiors in the royal courts of the Spanish empire. With comparative data on civil litigation and close readings of the lawsuits, The Enlightenment on Trial explores how ordinary Spanish Americans actively produced modern concepts of law.

"Drawing on a wide range of primary sources, Darrin M. McMahon shows that well before the French Revolution, enemies of the Enlightenment were warning that the secular thrust of modern philosophy would give way to horrors of an unprecedented kind. Greeting 1789, in turn, as the realization of their worst fears, they fought the Revolution from its onset, profoundly affecting its subsequent course. The radicalization - and violence - of the Revolution was as much the product of militant resistance as any inherent logic."--BOOK JACKET.