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Spinoza and Law
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Spinoza and Law

Spinoza and Law

ByAndreSantos Campos
Edition 1st Edition
First Published 2015
eBook Published 5 July 2017
Pub. location London
Imprint Routledge
DOIhttps://doi.org/10.4324/9781315087757
Pages 442 pages
eBook ISBN 9781351548052
SubjectsHumanities, Law
KeywordsNatural Law, Spinoza’s Philosophy, Spinoza’s Political Philosophy, Divine Law, Positive Law
Get Citation

Get Citation

Campos, A. (2015). Spinoza and Law. London: Routledge, https://doi.org/10.4324/9781315087757
ABOUT THIS BOOK

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.

TABLE OF CONTENTS
part I|1 pages
Spinoza’s Theory of Law
chapter 1|17 pages
Spinoza’S Theory of Law*
ByHuntington Cairns
View abstract
chapter 2|17 pages
The Power of Law. Spinoza’s Contribution to Legal Theory*
ByHans Gribnau
View abstract
chapter 3|8 pages
Spinoza’s Critique of Law*
ByRoberto Ciccarelli
View abstract
chapter 4|19 pages
Divorcing Power and Reason: Spinoza and the Founding of Modern Law*
ByBenoit Frydman
View abstract
part II|1 pages
Natural Law
chapter 5|10 pages
Spinoza’s Treatment of Natural Law
ByErrol E. Harris
View abstract
chapter 6|21 pages
The State of Nature and Its Law in Hobbes and Spinoza
ByEdwin Curley
View abstract
chapter 7|15 pages
Spinoza as Natural Lawyer
ByAaron Garrett
View abstract
chapter 8|23 pages
The natural law
ByMatthew J. Kisner
View abstract
part III|1 pages
The Nature of Laws
chapter 9|25 pages
Laws in Spinoza and Saint Thomas Aquinas*
ByGérard Courtois
View abstract
chapter 10|14 pages
Law’s Normativity in Spinoza’s Naturalism
ByOtto Pfersmann
View abstract
chapter 11|25 pages
Spinoza’s conception of law: metaphysics and ethics
ByDonald Rutherford
View abstract
chapter 12|40 pages
Laws of Nature
ByAndré Santos Campos
View abstract
chapter 13|20 pages
Spinoza, Kelsen and the Nature of the Legal Norm*
ByDiogo Pires Aurélio
View abstract
part IV|1 pages
Civil Law and International Law
chapter 14|21 pages
The Concept of Civil Law in Spinoza
ByGail Belaief
View abstract
chapter 15|9 pages
Natural Law, Civil Law, and International Law in Spinoza
ByManfred Walther
View abstract
chapter 16|19 pages
Spinoza and International Law
ByH. Lauterpacht
View abstract
chapter 17|29 pages
Spinoza and The Idea of Reason of State 1
ByG. A. van der Wal
View abstract
part V|1 pages
Individual Rights
chapter 18|12 pages
Esse sui juris and Political Science*
ByPaolo Cristofolini
View abstract
chapter 19|13 pages
Spinoza on Positive Freedom
ByDavid West
View abstract
chapter 20|19 pages
Spinoza on Natural Rights
ByTheo Verbeek
View abstract
chapter 21|11 pages
Spinoza on being sui iuris and the republican conception of liberty
ByJustin D. Steinberg
View abstract

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.

TABLE OF CONTENTS
part I|1 pages
Spinoza’s Theory of Law
chapter 1|17 pages
Spinoza’S Theory of Law*
ByHuntington Cairns
View abstract
chapter 2|17 pages
The Power of Law. Spinoza’s Contribution to Legal Theory*
ByHans Gribnau
View abstract
chapter 3|8 pages
Spinoza’s Critique of Law*
ByRoberto Ciccarelli
View abstract
chapter 4|19 pages
Divorcing Power and Reason: Spinoza and the Founding of Modern Law*
ByBenoit Frydman
View abstract
part II|1 pages
Natural Law
chapter 5|10 pages
Spinoza’s Treatment of Natural Law
ByErrol E. Harris
View abstract
chapter 6|21 pages
The State of Nature and Its Law in Hobbes and Spinoza
ByEdwin Curley
View abstract
chapter 7|15 pages
Spinoza as Natural Lawyer
ByAaron Garrett
View abstract
chapter 8|23 pages
The natural law
ByMatthew J. Kisner
View abstract
part III|1 pages
The Nature of Laws
chapter 9|25 pages
Laws in Spinoza and Saint Thomas Aquinas*
ByGérard Courtois
View abstract
chapter 10|14 pages
Law’s Normativity in Spinoza’s Naturalism
ByOtto Pfersmann
View abstract
chapter 11|25 pages
Spinoza’s conception of law: metaphysics and ethics
ByDonald Rutherford
View abstract
chapter 12|40 pages
Laws of Nature
ByAndré Santos Campos
View abstract
chapter 13|20 pages
Spinoza, Kelsen and the Nature of the Legal Norm*
ByDiogo Pires Aurélio
View abstract
part IV|1 pages
Civil Law and International Law
chapter 14|21 pages
The Concept of Civil Law in Spinoza
ByGail Belaief
View abstract
chapter 15|9 pages
Natural Law, Civil Law, and International Law in Spinoza
ByManfred Walther
View abstract
chapter 16|19 pages
Spinoza and International Law
ByH. Lauterpacht
View abstract
chapter 17|29 pages
Spinoza and The Idea of Reason of State 1
ByG. A. van der Wal
View abstract
part V|1 pages
Individual Rights
chapter 18|12 pages
Esse sui juris and Political Science*
ByPaolo Cristofolini
View abstract
chapter 19|13 pages
Spinoza on Positive Freedom
ByDavid West
View abstract
chapter 20|19 pages
Spinoza on Natural Rights
ByTheo Verbeek
View abstract
chapter 21|11 pages
Spinoza on being sui iuris and the republican conception of liberty
ByJustin D. Steinberg
View abstract
CONTENTS
ABOUT THIS BOOK

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.

TABLE OF CONTENTS
part I|1 pages
Spinoza’s Theory of Law
chapter 1|17 pages
Spinoza’S Theory of Law*
ByHuntington Cairns
View abstract
chapter 2|17 pages
The Power of Law. Spinoza’s Contribution to Legal Theory*
ByHans Gribnau
View abstract
chapter 3|8 pages
Spinoza’s Critique of Law*
ByRoberto Ciccarelli
View abstract
chapter 4|19 pages
Divorcing Power and Reason: Spinoza and the Founding of Modern Law*
ByBenoit Frydman
View abstract
part II|1 pages
Natural Law
chapter 5|10 pages
Spinoza’s Treatment of Natural Law
ByErrol E. Harris
View abstract
chapter 6|21 pages
The State of Nature and Its Law in Hobbes and Spinoza
ByEdwin Curley
View abstract
chapter 7|15 pages
Spinoza as Natural Lawyer
ByAaron Garrett
View abstract
chapter 8|23 pages
The natural law
ByMatthew J. Kisner
View abstract
part III|1 pages
The Nature of Laws
chapter 9|25 pages
Laws in Spinoza and Saint Thomas Aquinas*
ByGérard Courtois
View abstract
chapter 10|14 pages
Law’s Normativity in Spinoza’s Naturalism
ByOtto Pfersmann
View abstract
chapter 11|25 pages
Spinoza’s conception of law: metaphysics and ethics
ByDonald Rutherford
View abstract
chapter 12|40 pages
Laws of Nature
ByAndré Santos Campos
View abstract
chapter 13|20 pages
Spinoza, Kelsen and the Nature of the Legal Norm*
ByDiogo Pires Aurélio
View abstract
part IV|1 pages
Civil Law and International Law
chapter 14|21 pages
The Concept of Civil Law in Spinoza
ByGail Belaief
View abstract
chapter 15|9 pages
Natural Law, Civil Law, and International Law in Spinoza
ByManfred Walther
View abstract
chapter 16|19 pages
Spinoza and International Law
ByH. Lauterpacht
View abstract
chapter 17|29 pages
Spinoza and The Idea of Reason of State 1
ByG. A. van der Wal
View abstract
part V|1 pages
Individual Rights
chapter 18|12 pages
Esse sui juris and Political Science*
ByPaolo Cristofolini
View abstract
chapter 19|13 pages
Spinoza on Positive Freedom
ByDavid West
View abstract
chapter 20|19 pages
Spinoza on Natural Rights
ByTheo Verbeek
View abstract
chapter 21|11 pages
Spinoza on being sui iuris and the republican conception of liberty
ByJustin D. Steinberg
View abstract

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.

TABLE OF CONTENTS
part I|1 pages
Spinoza’s Theory of Law
chapter 1|17 pages
Spinoza’S Theory of Law*
ByHuntington Cairns
View abstract
chapter 2|17 pages
The Power of Law. Spinoza’s Contribution to Legal Theory*
ByHans Gribnau
View abstract
chapter 3|8 pages
Spinoza’s Critique of Law*
ByRoberto Ciccarelli
View abstract
chapter 4|19 pages
Divorcing Power and Reason: Spinoza and the Founding of Modern Law*
ByBenoit Frydman
View abstract
part II|1 pages
Natural Law
chapter 5|10 pages
Spinoza’s Treatment of Natural Law
ByErrol E. Harris
View abstract
chapter 6|21 pages
The State of Nature and Its Law in Hobbes and Spinoza
ByEdwin Curley
View abstract
chapter 7|15 pages
Spinoza as Natural Lawyer
ByAaron Garrett
View abstract
chapter 8|23 pages
The natural law
ByMatthew J. Kisner
View abstract
part III|1 pages
The Nature of Laws
chapter 9|25 pages
Laws in Spinoza and Saint Thomas Aquinas*
ByGérard Courtois
View abstract
chapter 10|14 pages
Law’s Normativity in Spinoza’s Naturalism
ByOtto Pfersmann
View abstract
chapter 11|25 pages
Spinoza’s conception of law: metaphysics and ethics
ByDonald Rutherford
View abstract
chapter 12|40 pages
Laws of Nature
ByAndré Santos Campos
View abstract
chapter 13|20 pages
Spinoza, Kelsen and the Nature of the Legal Norm*
ByDiogo Pires Aurélio
View abstract
part IV|1 pages
Civil Law and International Law
chapter 14|21 pages
The Concept of Civil Law in Spinoza
ByGail Belaief
View abstract
chapter 15|9 pages
Natural Law, Civil Law, and International Law in Spinoza
ByManfred Walther
View abstract
chapter 16|19 pages
Spinoza and International Law
ByH. Lauterpacht
View abstract
chapter 17|29 pages
Spinoza and The Idea of Reason of State 1
ByG. A. van der Wal
View abstract
part V|1 pages
Individual Rights
chapter 18|12 pages
Esse sui juris and Political Science*
ByPaolo Cristofolini
View abstract
chapter 19|13 pages
Spinoza on Positive Freedom
ByDavid West
View abstract
chapter 20|19 pages
Spinoza on Natural Rights
ByTheo Verbeek
View abstract
chapter 21|11 pages
Spinoza on being sui iuris and the republican conception of liberty
ByJustin D. Steinberg
View abstract
ABOUT THIS BOOK
ABOUT THIS BOOK

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.

TABLE OF CONTENTS
part I|1 pages
Spinoza’s Theory of Law
chapter 1|17 pages
Spinoza’S Theory of Law*
ByHuntington Cairns
View abstract
chapter 2|17 pages
The Power of Law. Spinoza’s Contribution to Legal Theory*
ByHans Gribnau
View abstract
chapter 3|8 pages
Spinoza’s Critique of Law*
ByRoberto Ciccarelli
View abstract
chapter 4|19 pages
Divorcing Power and Reason: Spinoza and the Founding of Modern Law*
ByBenoit Frydman
View abstract
part II|1 pages
Natural Law
chapter 5|10 pages
Spinoza’s Treatment of Natural Law
ByErrol E. Harris
View abstract
chapter 6|21 pages
The State of Nature and Its Law in Hobbes and Spinoza
ByEdwin Curley
View abstract
chapter 7|15 pages
Spinoza as Natural Lawyer
ByAaron Garrett
View abstract
chapter 8|23 pages
The natural law
ByMatthew J. Kisner
View abstract
part III|1 pages
The Nature of Laws
chapter 9|25 pages
Laws in Spinoza and Saint Thomas Aquinas*
ByGérard Courtois
View abstract
chapter 10|14 pages
Law’s Normativity in Spinoza’s Naturalism
ByOtto Pfersmann
View abstract
chapter 11|25 pages
Spinoza’s conception of law: metaphysics and ethics
ByDonald Rutherford
View abstract
chapter 12|40 pages
Laws of Nature
ByAndré Santos Campos
View abstract
chapter 13|20 pages
Spinoza, Kelsen and the Nature of the Legal Norm*
ByDiogo Pires Aurélio
View abstract
part IV|1 pages
Civil Law and International Law
chapter 14|21 pages
The Concept of Civil Law in Spinoza
ByGail Belaief
View abstract
chapter 15|9 pages
Natural Law, Civil Law, and International Law in Spinoza
ByManfred Walther
View abstract
chapter 16|19 pages
Spinoza and International Law
ByH. Lauterpacht
View abstract
chapter 17|29 pages
Spinoza and The Idea of Reason of State 1
ByG. A. van der Wal
View abstract
part V|1 pages
Individual Rights
chapter 18|12 pages
Esse sui juris and Political Science*
ByPaolo Cristofolini
View abstract
chapter 19|13 pages
Spinoza on Positive Freedom
ByDavid West
View abstract
chapter 20|19 pages
Spinoza on Natural Rights
ByTheo Verbeek
View abstract
chapter 21|11 pages
Spinoza on being sui iuris and the republican conception of liberty
ByJustin D. Steinberg
View abstract

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.

TABLE OF CONTENTS
part I|1 pages
Spinoza’s Theory of Law
chapter 1|17 pages
Spinoza’S Theory of Law*
ByHuntington Cairns
View abstract
chapter 2|17 pages
The Power of Law. Spinoza’s Contribution to Legal Theory*
ByHans Gribnau
View abstract
chapter 3|8 pages
Spinoza’s Critique of Law*
ByRoberto Ciccarelli
View abstract
chapter 4|19 pages
Divorcing Power and Reason: Spinoza and the Founding of Modern Law*
ByBenoit Frydman
View abstract
part II|1 pages
Natural Law
chapter 5|10 pages
Spinoza’s Treatment of Natural Law
ByErrol E. Harris
View abstract
chapter 6|21 pages
The State of Nature and Its Law in Hobbes and Spinoza
ByEdwin Curley
View abstract
chapter 7|15 pages
Spinoza as Natural Lawyer
ByAaron Garrett
View abstract
chapter 8|23 pages
The natural law
ByMatthew J. Kisner
View abstract
part III|1 pages
The Nature of Laws
chapter 9|25 pages
Laws in Spinoza and Saint Thomas Aquinas*
ByGérard Courtois
View abstract
chapter 10|14 pages
Law’s Normativity in Spinoza’s Naturalism
ByOtto Pfersmann
View abstract
chapter 11|25 pages
Spinoza’s conception of law: metaphysics and ethics
ByDonald Rutherford
View abstract
chapter 12|40 pages
Laws of Nature
ByAndré Santos Campos
View abstract
chapter 13|20 pages
Spinoza, Kelsen and the Nature of the Legal Norm*
ByDiogo Pires Aurélio
View abstract
part IV|1 pages
Civil Law and International Law
chapter 14|21 pages
The Concept of Civil Law in Spinoza
ByGail Belaief
View abstract
chapter 15|9 pages
Natural Law, Civil Law, and International Law in Spinoza
ByManfred Walther
View abstract
chapter 16|19 pages
Spinoza and International Law
ByH. Lauterpacht
View abstract
chapter 17|29 pages
Spinoza and The Idea of Reason of State 1
ByG. A. van der Wal
View abstract
part V|1 pages
Individual Rights
chapter 18|12 pages
Esse sui juris and Political Science*
ByPaolo Cristofolini
View abstract
chapter 19|13 pages
Spinoza on Positive Freedom
ByDavid West
View abstract
chapter 20|19 pages
Spinoza on Natural Rights
ByTheo Verbeek
View abstract
chapter 21|11 pages
Spinoza on being sui iuris and the republican conception of liberty
ByJustin D. Steinberg
View abstract
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