Aristotelian Protestantism In Legal Philosophy

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Aristotelian Protestantism in Legal Philosophy

Author : Liesbeth Huppes-Cluysenaer
Publisher : DPSP
ISBN 13 : 9090339620
Total Pages : 531 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis Aristotelian Protestantism in Legal Philosophy by : Liesbeth Huppes-Cluysenaer

Download or read book Aristotelian Protestantism in Legal Philosophy written by Liesbeth Huppes-Cluysenaer and published by DPSP. This book was released on 2022-01-01 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the first-time English translation of the main work of Paul Scholten, the General Method of Private Law. The introductory article analyzes Scholten’s view in contrast with a particular combination of Comte’s centralizing optimization program and Neo-Kantian Idealism, which is still dominant in political philosophy. Comte’s sociology and Scholten’s Jurisprudentialism are not presented here in the well-known opposition of Sein and Sollen, but by showing how their different views on scientific method are grounded in opposite views on the philosophical, political and ethical meaning of human action. Neo-Kantianism adheres to Comte’s view, while Scholten adheres to the Aristotelian view, as it had developed in Christianity and had provided the protestant foundation of the Dutch Republic in the seventeenth century. Comte attacks Aristotelian Protestantism, which he characterizes as the metaphysical stage of the Western development of state: negative, protestant, constitutional and juridical. Scholten’s views oppose the inherent trend towards centralization in Comte’s program to cover all aspects of optimization for the best of all, ever better. That branch of political philosophy not only has shaky foundations in scientific method but also has reached its boundaries of operational applicability. Scholten’s views oppose the emphasis in Comte’s program on a unified general will and stress the need for accepting the existence of deeply conflicting philosophies of life in society. This has consequences for the organization of democracy regarding independence of specialized agencies, the role of civil society and the voting system. It not just holds for the state level but also for Unions and supranational organizations. The legal system plays a key role in this development. Scholten’s views and activities have had great posthumous impact for the reconstruction of society and politics in the first years after World War II. They contributed to the collaboration between the different denominations in the Protestant church, opened up the social-democratic party to different denominations and helped develop the cooperation of different Christian parties, leaving the cleavages of the pre-war political spectre behind. Authors and open reviewers who have contributed to the DPSP project, have a broad international background, apart from the Netherlands: Finland, Germany, Austria, France, Italy, United Kingdom, Brazil, United States and Indonesia. Indonesia plays a substantial role in the book, as Scholten played a main role in setting up the legal education system in what was then the Netherlands Indies. Chapters 1. Paul Scholten, Aristotelian Protestantism in Dutch Legal Philosophy. Liesbeth Huppes-Cluysenaer (p.1) 2. Paul Scholten’s Life. Rogier Chorus, Liesbeth Huppes-Cluysenaer, Jacqueline Schoonheim (p.28) 3. General Method of Private Law. English translation of the First Chapter of the General Volume of the Asser-serie on Dutch Civil Law, written by Paul Scholten. Liesbeth Huppes-Cluysenaer, Marjanne Termorshuizen-Arts, Cassandra Steer, Paul Scholten (p.37) 4. Jumping Judges, Judicial Discovery of Law. Niels van Manen (p.225) 5. From a Legal Order to a Legal System, Scholten’s Contribution to a Theory of Legal Change. Jean-Louis Halpérin (p.249) 6. Law and Context, Scholten’s Open System of Law and Legal Harmonisation. Jaakko Husa (261) 7. Case-Based Reasoning and Formulary Procedure, A Guard against Individual Emotions. Marco Gardini (p.287) 8. Kelsen and Scholten on Reason and Emotion in Solving Cases. Nuno M.M.S. Coelho (p.315) 9. Trembling Necessity and Analogy, Juridical Reason as Judgment by the Similar. Luciano de Camargo Penteado (p.334) 10. Paul Scholten and the Founding of the Batavia Rechtshogeschool. Upik Djalins (p.354) 11. In Search of Scholten’s Legacy, The Meaning of the Method of Rechtsvinding for the Current Indonesian Legal Discourse. Shidarta (p.396) 12. Scholten’s Reflections on Judge’s Practices, An Apology of the Mystery of the Legal Craft. Robert Knegt (p.443) 13. The Reception of the Work of Paul Scholten in the Netherlands. Marjanne Termorshuizen-Arts (p.465) 14. Re-Appraising Paul Scholten, His Influence on the Development of a National Legal System in Indonesia. Tristam P. Moeliono (p.495)

The Aristotelian Tradition in Early Modern Protestantism

Author : Manfred Svensson
Publisher : Oxford University Press
ISBN 13 : 0197752969
Total Pages : 233 pages
Book Rating : 4.1/5 (977 download)

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Book Synopsis The Aristotelian Tradition in Early Modern Protestantism by : Manfred Svensson

Download or read book The Aristotelian Tradition in Early Modern Protestantism written by Manfred Svensson and published by Oxford University Press. This book was released on 2024-05-17 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aristotle's moral and political thought formed the backbone of education in practical philosophy for centuries during the classical and medieval periods. It has often been presumed, however, that with the advent of the Protestant Reformation, this tradition was broken. Countering this widespread view, Manfred Svensson discusses dozens of commentaries on Aristotle's Ethics and Politics that emerged from Protestant universities and academies throughout the sixteenth and seventeenth centuries, showing that early modern Protestants never lost their connection to Aristotle. He offers a broad contextualization of these works and in-depth discussion of their key ethical and political concepts.

A Humanist in Reformation Politics

Author : Mads L. Jensen
Publisher : BRILL
ISBN 13 : 9004414134
Total Pages : 234 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis A Humanist in Reformation Politics by : Mads L. Jensen

Download or read book A Humanist in Reformation Politics written by Mads L. Jensen and published by BRILL. This book was released on 2019-11-04 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Humanist in Reformation Politics Mads Langballe Jensen offers the first contextual account of the political philosophy and natural law theory of the German reformer Philipp Melanchthon (1497-1560).

From Positivism to Idealism

Author : Sean Coyle
Publisher : Routledge
ISBN 13 : 1351157949
Total Pages : 317 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis From Positivism to Idealism by : Sean Coyle

Download or read book From Positivism to Idealism written by Sean Coyle and published by Routledge. This book was released on 2017-11-28 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illuminating the idea of legality by a consideration of its moral nature, this book explores the emergence and development of two rival traditions of legal thought (those of 'positivism' and 'idealism') which together define the structure of modern juridical thought. In doing so, it consciously departs from many of the tendencies and working assumptions that define modern legal philosophy. The book examines the shifts in thinking about the rule of law and the wider significance of law, brought about by changing conceptions of the nature of law: from an understanding of law in which the primary focus is on rights, to an articulation of the legal order as a body of deliberately posited rules, and finally to the present understanding of law as a systematic body of rules and principles underpinned by an abiding concern with individual rights. By exposing the historical and metaphysical underpinnings of these theoretical traditions, the book imparts an idea of their limitations and moves beyond the understandings offered within them of the nature of legality.

Aquinas Among the Protestants

Author : Manfred Svensson
Publisher : John Wiley & Sons
ISBN 13 : 1119265894
Total Pages : 326 pages
Book Rating : 4.1/5 (192 download)

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Book Synopsis Aquinas Among the Protestants by : Manfred Svensson

Download or read book Aquinas Among the Protestants written by Manfred Svensson and published by John Wiley & Sons. This book was released on 2017-09-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: AQUINAS AMONG THE PROTESTANTS This major new book provides an introduction to Thomas Aquinas’s influence on Protestantism. The editors, both noted commentators on Aquinas, bring together a group of influential scholars to demonstrate the ways that Anglican, Lutheran, and Reformed thinkers have analyzed and used Thomas through the centuries. Later chapters also explore how today’s Protestants might appropriate the work of Aquinas to address a number of contemporary theological and philosophical issues. The authors set the record straight and disavow the widespread impression that Aquinas is an irrelevant figure for the history of Protestant thought. This assumption has dominated not only Protestant historiography but also Roman Catholic accounts of the Reformation and Protestant intellectual life. The book opens the possibility for contemporary reception, engagement, and critique and even intra-Protestant relations and includes: Information on the fruitful appropriation of Aquinas in Anglican, Lutheran, and Reformed theologians over the centuries Important essays from leading scholars on the teachings of Aquinas New perspectives on Thomas Aquinas’s position as a towering figure in the history of Christian thought Aquinas Among the Protestants is a ground-breaking and interdenominational work for students and scholars of Thomas Aquinas and theology more generally.

Catholic and Reformed Traditions in International Law

Author : Paulo Emílio Vauthier Borges de Macedo
Publisher : Springer
ISBN 13 : 3319594036
Total Pages : 309 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Catholic and Reformed Traditions in International Law by : Paulo Emílio Vauthier Borges de Macedo

Download or read book Catholic and Reformed Traditions in International Law written by Paulo Emílio Vauthier Borges de Macedo and published by Springer. This book was released on 2017-08-28 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was often mistaken for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitória and Alberico Gentili. In Suárez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests. This work argues that this resemblance is hardly a coincidence: Grotius has read Suárez, and that influence has modified the foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn’t original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suárez’s oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law.

The Revival of Natural Law

Author : Nigel Biggar
Publisher : Routledge
ISBN 13 : 1351882856
Total Pages : 320 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis The Revival of Natural Law by : Nigel Biggar

Download or read book The Revival of Natural Law written by Nigel Biggar and published by Routledge. This book was released on 2017-03-02 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural law theory has been enjoying a significant revival in recent times. Led by Germain Grisez in the USA and John Finnis in the UK, one school of thinkers has been articulating a highly developed system of natural law built upon a sophisticated account of practical reasoning and a rich and flexible understanding of the human good. However, long-standing prejudices against old-style natural law among moral philosophers and Protestant ethicists, together with the new theory's appropriation by conservatives in the impassioned debate between the Vatican and dissenting theologians in the United States, have prevented the Finnis-Grisez version from being adequately appreciated. Providing a clear and substantive introduction to the theory for those who are new to it, this book then broadens, assesses, and advances the debate about it, examining crucial philosophical, theological and ethical issues and opening up discussion beyond the confines of the Roman Catholic Church. Part 1, on philosophical issues, starts with two broad chapters that locate the Grisez school in relation to modern moral philosophy and the Roman Catholic philosophical tradition of Thomism, and then follows these with further chapters on two crucial issues: the possibility of consensus on the human good, and the nature of moral absolutes. Part 2, on theological dimensions, begins with a Lutheran critique of Grisez, locates him in relation to the ethics of two very prominent 20th century Protestants, Karl Barth and Stanley Hauerwas, and then explores the major area of theological controversy within the Roman Catholic community - how to conceive of the "Church's" authority with regard to moral matters. Part 3 subjects the school's thought to critical examination in a broad range of ethical fields: bioethics, gender, sex and the environment. A concluding chapter then develops eight topics that recur in the course of the book: the status of ethical realism in the contemporary intellectual climate; whether realism is best conceived in rationalist or naturalist terms; whether marriage should be counted as a basic good; whether physical pleasure should not be counted a basic good; whether it is always wrong to act deliberately against a basic good; the problems of moral certainty and authority; the rapproachement between Protestant and Roman Catholic ethics; and, finally, whether ethical understanding is really independent of one's anthropological point of view. Drawing together North American, European and Australian contributors from across moral philosophy and Protestant ethics as well as from Roman Catholic moral theology, this book opens up the debate about the Finnis-Grisez theory, highlighting its strengths and weaknesses in order to advance current discussion about natural law in moral theology and in moral and legal philosophy.

Longing for the Good Life: Virtue Ethics after Protestantism

Author : Pieter Vos
Publisher : Bloomsbury Publishing
ISBN 13 : 0567695085
Total Pages : 224 pages
Book Rating : 4.5/5 (676 download)

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Book Synopsis Longing for the Good Life: Virtue Ethics after Protestantism by : Pieter Vos

Download or read book Longing for the Good Life: Virtue Ethics after Protestantism written by Pieter Vos and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that Protestant theological ethics not only reveals basic virtue ethical characteristics, but also contributes significantly to a viable contemporary virtue ethics. Pieter Vos demonstrates that post-Reformation theological ethics still understands the good in terms of the good life, takes virtues as necessary for living the good life and considers human nature as a source of moral knowledge. Vos approaches Protestant theology as an important bridge between pre-modern virtue ethics, shaped by Aristotle and transformed by Augustine of Hippo, and late modern understandings of morality. The volume covers a range of topics, going from eudaimonism and Calvinist ethics to Reformed scholastic virtue ethics and character formation in the work of Søren Kierkegaard. The author shows how Protestantism has articulated other-centered virtues from a theology of grace, affirmed ordinary life and emphasized the need of transformation of this life and its orders. Engaging with philosophy of the art of living, Neo-Aristotelianism and exemplarist ethics, he develops constructive contributions to a contemporary virtue ethics.

Tudor Protestant Political Thought 1547-1603

Author : Stephen A. Chavura
Publisher : BRILL
ISBN 13 : 9004209689
Total Pages : 266 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Tudor Protestant Political Thought 1547-1603 by : Stephen A. Chavura

Download or read book Tudor Protestant Political Thought 1547-1603 written by Stephen A. Chavura and published by BRILL. This book was released on 2011-05-23 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines themes in the political ideas of Episcopalian, Puritan, and Separatist authors from the reign of Edward VI until the death of Elizabeth I. Cosmic harmony, providentialism, natural law, absolutism, and government by consent are examined in the context of the theological, political, and social upheavals of the Reformation period.

European Political Thought 1450-1700

Author : Howell A. Lloyd
Publisher :
ISBN 13 :
Total Pages : 680 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis European Political Thought 1450-1700 by : Howell A. Lloyd

Download or read book European Political Thought 1450-1700 written by Howell A. Lloyd and published by . This book was released on 2007 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is the only fully comprehensive account of European political thought in the early modern era; the first in English that pays due regard to Hungary, to Poland-Lithuania and to the Scandinavian kingdoms; and the first that encompasses the realm of Eastern Orthodoxy, specifically through the case of Muscovy. The book embraces the political thought of Islam, both a seminal influence upon the political consciousness of what 'Europe' was becoming and a military threat to the rest of the continent, and places all within a geographic rather than a chronological structure."--BOOK JACKET.

Law and Legal Theory

Author : Thom Brooks
Publisher : BRILL
ISBN 13 : 9004262938
Total Pages : 348 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Law and Legal Theory by : Thom Brooks

Download or read book Law and Legal Theory written by Thom Brooks and published by BRILL. This book was released on 2013-11-07 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates.

Commentary on Aristotle's Nicomachean Ethics

Author : Saint Thomas (Aquinas)
Publisher : St. Augustine's Press
ISBN 13 :
Total Pages : 718 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Commentary on Aristotle's Nicomachean Ethics by : Saint Thomas (Aquinas)

Download or read book Commentary on Aristotle's Nicomachean Ethics written by Saint Thomas (Aquinas) and published by St. Augustine's Press. This book was released on 1993 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fine editions of the Aristotelian Commentary Series make available long out-of-print commentaries of St. Thomas on Aristotle. Each volume has the full text of Aristotle with Bekker numbers, followed by the commentary of St. Thomas, cross-referenced using an easily accessible mode of referring to Aristotle in the Commentary. Each volume is beautifully printed and bound using the finest materials. All copies are printed on acid-free paper and Smyth sewn. They will last.

Longing for the Good Life: Virtue Ethics after Protestantism

Author : Pieter Vos
Publisher : Bloomsbury Publishing
ISBN 13 : 0567695107
Total Pages : 225 pages
Book Rating : 4.5/5 (676 download)

DOWNLOAD NOW!

Book Synopsis Longing for the Good Life: Virtue Ethics after Protestantism by : Pieter Vos

Download or read book Longing for the Good Life: Virtue Ethics after Protestantism written by Pieter Vos and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that Protestant theological ethics not only reveals basic virtue ethical characteristics, but also contributes significantly to a viable contemporary virtue ethics. Pieter Vos demonstrates that post-Reformation theological ethics still understands the good in terms of the good life, takes virtues as necessary for living the good life and considers human nature as a source of moral knowledge. Vos approaches Protestant theology as an important bridge between pre-modern virtue ethics, shaped by Aristotle and transformed by Augustine of Hippo, and late modern understandings of morality. The volume covers a range of topics, going from eudaimonism and Calvinist ethics to Reformed scholastic virtue ethics and character formation in the work of Søren Kierkegaard. The author shows how Protestantism has articulated other-centered virtues from a theology of grace, affirmed ordinary life and emphasized the need of transformation of this life and its orders. Engaging with philosophy of the art of living, Neo-Aristotelianism and exemplarist ethics, he develops constructive contributions to a contemporary virtue ethics.

Natural Law Today

Author : Christopher Wolfe
Publisher : Rowman & Littlefield
ISBN 13 : 1498576435
Total Pages : 186 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Natural Law Today by : Christopher Wolfe

Download or read book Natural Law Today written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 2018-10-15 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural Law Today gives a strong voice to classical natural law theory as the best answers to the fundamental questions of ethics and as the best framework for political and social life. It explains various aspects of that theory and defends it against common misperceptions and criticisms.

Natural Law Theories in the Early Enlightenment

Author : T. J. Hochstrasser
Publisher : Cambridge University Press
ISBN 13 : 1139435302
Total Pages : 270 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Natural Law Theories in the Early Enlightenment by : T. J. Hochstrasser

Download or read book Natural Law Theories in the Early Enlightenment written by T. J. Hochstrasser and published by Cambridge University Press. This book was released on 2000-09-14 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human sociability and reason, fostering a new methodology in German philosophy. This book assesses the first histories of political thought since ancient times, giving insights into the nature and influence of debate within eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, Natural Law Theories in the Early Enlightenment will be of great interest to scholars in history, political thought, law and philosophy.

The Catholic Conception of International Law

Author : James Brown Scott
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584778210
Total Pages : 518 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis The Catholic Conception of International Law by : James Brown Scott

Download or read book The Catholic Conception of International Law written by James Brown Scott and published by The Lawbook Exchange, Ltd.. This book was released on 2008 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: La 4e de couverture indique : "This important study of international law theory before Grotius discusses the work of Victoria and Suarez, together with the writings of later Catholic jurists of the period, such as Mariana, Buchanan and Bellarmine. Contemporary Protestant jurists are discussed as well. Reprint of the sole edition. "The outstanding merit of the book for which Dr. Scott has placed scholars and lawyers in his debt is that it is a needed reminder that the ideas and conceptions on which the internal order of states, no less than the good order of the international community, depend, are not of today nor of yesterday, but that they have a long history, and that their deepest roots are in the great tradition of Christian thought, which, through the centuries, was elaborated by schoolmen and canonists and jurists with a power of analysis and insight which puts to shame the contributions of much of what passes for contemporary jurisprudence."

Natural Law and Calvinist Political Theory

Author : L. S. Koetsier
Publisher : Trafford Publishing
ISBN 13 : 1412007380
Total Pages : 262 pages
Book Rating : 4.4/5 (12 download)

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Book Synopsis Natural Law and Calvinist Political Theory by : L. S. Koetsier

Download or read book Natural Law and Calvinist Political Theory written by L. S. Koetsier and published by Trafford Publishing. This book was released on 2004-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought provoking book begins with an historiography of Calvinist political theory and interpretations/definitions of natural law. Narrative of individuals (Ancient Greece to Protestant Reformation) who contributed to natural law. Biography of John Calvin including his philosophy and his political theory. Description of how Calvinist political theory developed between 1559 and 1649. Biography of John Locke, his theology and his political theory. The book concludes with a redefinition of Calvinist political theory.