Foundations Of Natural Right

A complete translation into English of Fichte's most important work of political philosophy.

Fichte's Foundations of Natural Right (1796/97) was one of the most influential books in nineteenth-century philosophy. It was read carefully by Schelling, Hegel, and Marx, and initiated a tradition in German philosophy that considers human subjectivity to be relational and intersubjective, thus requiring relations of recognition between subjects. The essays in this volume highlight this little-understood book's most important ideas and innovations. They offer discussions of Fichte's conception of freedom, self-consciousness, coercion, the summons, the body, and human rights, together with new analyses of his deduction of right, his views on the social contract, and his arguments for the separation of right from morality. The essays expand and deepen ongoing debates in the scholarship and chart new avenues of thought about Fichte's most enduring work of political philosophy. They will be essential reading for students and scholars of German Idealism, nineteenth-century philosophy, and the history of political thought.

Recent years have seen a renaissance of interest in the relationship between natural law and natural rights. During this time, the concept of natural rights has served as a conceptual lightning rod, either strengthening or severing the bond between traditional natural law and contemporary human rights. Does the concept of natural rights have the natural law as its foundation or are the two ideas, as Leo Strauss argued, profoundly incompatible? With The Foundations of Natural Morality, S. Adam Seagrave addresses this controversy, offering an entirely new account of natural morality that compellingly unites the concepts of natural law and natural rights. Seagrave agrees with Strauss that the idea of natural rights is distinctly modern and does not derive from traditional natural law. Despite their historical distinctness, however, he argues that the two ideas are profoundly compatible and that the thought of John Locke and Thomas Aquinas provides the key to reconciling the two sides of this long-standing debate. In doing so, he lays out a coherent concept of natural morality that brings together thinkers from Plato and Aristotle to Hobbes and Locke, revealing the insights contained within these disparate accounts as well as their incompleteness when considered in isolation. Finally, he turns to an examination of contemporary issues, including health care, same-sex marriage, and the death penalty, showing how this new account of morality can open up a more fruitful debate.

The German philosopher, Johann Gottlieb Fichte (1762-1814), has long been recognized as an important and original figure in the history of philosophy and Western thought and as a seminal influence upon the Romantic tradition. The essays in this book focus on Fichte's contributions in political theory as set out in his Foundations of Natural Right. Fichte was notorious as a political radical and his ideas in in political theory proved to be decisive influences upon his contemporaries and of striking relevance to current political dispute. This volume of essays, which examine such issues as Fichte as a social contract theorist, his theory of gender relations and his theories on punishment and the criminal law among many other topics, remedies what has been a striking lacuna in the existing scholarly literature.

This Guide examines Fichte's main political concepts including morality, the summons, social contract, freedom, the body and human rights.

In this study of Fichte's social and political philosophy, David James offers an interpretation of Fichte's most famous writings in this area, including his Foundations of Natural Right and Addresses to the German Nation, centred on two main themes: property and virtue. These themes provide the basis for a discussion of such issues as what it means to guarantee the freedom of all the citizens of a state, the problem of unequal relations of economic dependence between states, and the differences and connections between the legal and political sphere of right and morality. James also relates Fichte's central social and political ideas to those of other important figures in the history of philosophy, including Locke, Kant and Hegel, as well as to the radical phase of the French Revolution. His account will be of importance to all who are interested in Fichte's philosophy and its intellectual and political context.

Natural right—the idea that there is a collection of laws and rights based not on custom or belief but that are “natural” in origin—is typically associated with liberal politics and freedom. In The Terror of Natural Right, Dan Edelstein argues that the revolutionaries used the natural right concept of the “enemy of the human race”—an individual who has transgressed the laws of nature and must be executed without judicial formalities—to authorize three-quarters of the deaths during the Terror. Edelstein further contends that the Jacobins shared a political philosophy that he calls “natural republicanism,” which assumed that the natural state of society was a republic and that natural right provided its only acceptable laws. Ultimately, he proves that what we call the Terror was in fact only one facet of the republican theory that prevailed from Louis’s trial until the fall of Robespierre. A highly original work of historical analysis, political theory, literary criticism, and intellectual history, The Terror of Natural Right challenges prevailing assumptions of the Terror to offer a new perspective on the Revolutionary period.

In this classic work, Leo Strauss examines the problem of natural right and argues that there is a firm foundation in reality for the distinction between right and wrong in ethics and politics. On the centenary of Strauss's birth, and the fiftieth anniversary of the Walgreen Lectures which spawned the work, Natural Right and History remains as controversial and essential as ever. "Strauss . . . makes a significant contribution towards an understanding of the intellectual crisis in which we find ourselves . . . [and] brings to his task an admirable scholarship and a brilliant, incisive mind."—John H. Hallowell, American Political Science Review Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus in Political Science at the University of Chicago.