December 23, 2010

SAMUEL PUFENDORF, 1632-1694

Pufendorf, Samuel, The Divine Feudal Law: Or, Covenants with Mankind, Represented (The Works of Samuel Pufendorf; Natural Law and Enlightenment Classics), Edited and with an Introduction by Simone Zurbuchen; Translated from the German by Theophilus Dorrington, 1703 (Indianapolis: Liberty Fund, 2002) (From the book jacket: "In The Divine Feudal Law Pugendorf attempts to demonstrate that a union of Lutherans and Calvinists is possible. The aim is not to eliminate disagreements in religion but to take away the evils that arise from those disagreements, and Pufendorf advises that the proper means of securing the peaceful coexistence of different confessions should occur via mutual agreement rather than enforcement by law. It is important to note that Pufendorf did not propose to unite the Protestants with the Roman Catholic Church, in part because Protestants would never accept the infallibility of the pope, the principle on which the Church of Rome is founded. . . .").

Pufendorf, Samuel, Of the Nature and Qualification of Religion in Reference to Civil Society (The Works of Samuel Pufendorf; Natural Law and Enlightenment Classics), Edited and with an Introduction by Simone Zurbuchen; Translated from the German by Jodocus Crull, 1698 (Indianapolis: Liberty Fund, 2002) (From the Zurbuchen's Introduction: "John's Locke's Letter Concerning Toleration . . . is widely known as a founding text in the history of toleration. It is usually claimed that Locke was among the first who defended a 'modern' concept of toleration. This interpretation rests on the basic distinction between a 'traditional' and a 'modern' doctrine of toleration. The former sees toleration as a grant or privilege bestowed on individuals or groups by the ruler. Toleration is conceived not as a good in itself but rather as a temporary means to overcome religious dissent. The ultimate goal remains the reunification of different religions or religious denominations. The 'modern' doctrine of toleration is marked by a shift to a religious liberty or freedom of conscience. In this view, liberty is an entitlement that does not depend on an agency that grants privileges. The liberty-based approach to toleration amounts to a principled defense of religious dissent and implies the permanence and ineradicability of religious diversity." Id. at ix. The 'modern' notion of tolerance is implicit in the American Constitution's "exercise" and "establishment" clauses. However, it seems that more than a few religious Americans believe in such tolerance for themselves and their co-religiousists but not for others. With respect to those others, at best they seem to have adopted the 'traditional' notion of tolerance. That is, that those others have been granted some temporary tolerance until such time as they can be made to see the light. Religious intolerance is an increasing source of tension in America, and will be the unmaking of America.).

Pufendorf, Samuel, The Present State of Germany (The Works of Samuel Pufendorf; Natural Law and Enlightenment Classics), Edited and with an Introduction by Michael J. Seidler; Translated from the German by Edmund Bohun, 1696 (Indianapolis: Liberty Fund, 2007) (From the book jacket: "The Present State of Germany, one of Samuel Pufendorf's earliest and most important works, was first published in 1667 under the pseudonym Severinus de Monambano. Its blunt, colorful, and unapologetic challenge to mainstream German constitutional law made it enormously controversial as soon as it appeared, and its author was both vilified and exalted in the acrimonious debate that followed. It became one of the most reprinted books of the late seventeenth century.).

Pufendorf, Samuel, Two Books of the Elements of Universal Jurisprudence (The Works of Samuel Pufendorf; Natural Law and Enlightenment Classics), Edited and with an Introduction by Thomas Behme; Translated from the German by William Abbott Oldfather, 1931 (Indianapolis: Liberty Fund, 2009) (From the book jacket: "The appearance of Samuel Pufendorf's earliest work, Two Books of the Elements of Universal Jurisprudence, inaugurated the modern natural-law movement in the German-speaking world. It also established Pufendorf as a major figure in natural law and laid the foundation for his later works, which were to sweep across Europe and North America.").

Pufendorf, Samuel, The Whole Duty of Man, According to the Law of Nature (The Works of Samuel Pufendorf; Natural Law and Enlightenment Classics), Edited and with an Introduction by Ian Hunter & David Saunders; Two Discourse and a Commentary by Jean Barbeyrac; Translated from the German by David Saunders, 1691 (Indianapolis: Liberty Fund, 2007) ("Man is a Creature not only most sollicitious for the Preservation of Himself; but has Himself also so nice an Estimation and Value, that to diminish any thing thereof does frequently move him as great Indignation, as if a Mischief were done to his Body or Estate, Nay, there seems to him to be somewhat of Dignity in the Appellation of Man: so that the last and most efficacious Argument to curb the Arrogance of insulting Men, is usually, I am not a Dog, but a Man as well as your self. Since then Human Nature is the same in us all, and since no Man will or can cheerfully join a Society with any, by whom he is not at least to be esteemed equally as a Man and as a Partaker of the same Common Nature: It follows that, among those Duties which Men owe to each other, this obtains the second Place, That every man esteem and treat another as naturally equal to himself, or as one who is a Man as well as he." Id. at 100.).