Why should we engage with ideas about politics from hundreds or thousands of years ago? Why not just focus on what historical figures actually did, rather than on what they thought? How can Greek and Roman political thought enrich modern debates on the nature of justice? Ideas about political and legal order are a vital contribution of Greco-Roman antiquity to the Western tradition-many of our own assumptions about politics and justice are directly influenced by classical political thought and the institutions of ancient city-states and empires. In The Just State, noted historian Benjamin…mehr
Why should we engage with ideas about politics from hundreds or thousands of years ago? Why not just focus on what historical figures actually did, rather than on what they thought? How can Greek and Roman political thought enrich modern debates on the nature of justice? Ideas about political and legal order are a vital contribution of Greco-Roman antiquity to the Western tradition-many of our own assumptions about politics and justice are directly influenced by classical political thought and the institutions of ancient city-states and empires. In The Just State, noted historian Benjamin Straumann explores Greek and Roman ideas about the nature of justice, describes their institutional context, and discusses their legacy in later political thought. With a clear and accessible narrative style, Straumann brings Greco-Roman and modern ideas into conversation with each other to offer fresh insights into current debates about justice while illuminating their classical foundations. Concise, easily accessible chapters trace the origins, development, and reception of Greek and Roman political thought from the pre-Socratic period to the Enlightenment. Topics include the Athenian democracy, the Sophist movement, the political philosophy of Plato and Aristotle, the Stoic idea of natural law, the origins of constitutionalism in the Roman Republic, classical influences on the French and American revolutions, and more. The Just State: Greek and Roman Theories of Justice and Their Legacy in Western Thought is an ideal textbook for undergraduate classes on the history of political thought and graduate seminars on classical political theory and ancient philosophy.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
BENJAMIN STRAUMANN is ERC Professor of History at the University of Zurich and Research Professor of Classics at New York University. He is also Alberico Gentili Senior Fellow at New York University School of Law. His publications include Roman Law in the State of Nature: The Classical Foundations of Hugo Grotius' Natural Law (Cambridge, 2015) and Crisis and Constitutionalism: Roman Political Thought from the Fall of the Republic to the Age of Revolution (Oxford, 2016).
Inhaltsangabe
Preface and Acknowledgments x Maps and Figures xi Abbreviations and Text Editions xii Introduction: Why Greeks and Romans? Why Ideas? 1 The Gradual Encroachment of Ideas 2 Why Greeks and Romans? 5 The Use and Energy of Ideas and Concepts 10 The Cult of Contingency, or: Is Everything Constructed? 12 Overview of Contents 13 Part I The Greek Debate 15 1 The Polis, Equality, and the Growth of Political Thought 17 The World of Homer's Poems and the Emergence of Greek Political Life 17 Hesiod's Justice 23 The Ancient Near Eastern Context 25 The Polis and Greek Colonization 27 A Mere Spider's Web? Solon and the Rise of Written Law 31 2 Athenian Democracy, Early Antidemocratic and Democratic Thought, and the Sophist Movement 38 The Historical Background: Athenian Democracy in Practice in the Fifth Century 42 Antidemocratic Sentiment and Early Elements of Democratic Theory 45 Accountability 47 The Sophists 50 3 Knowledge, Paternalistic Justice, and Law: Plato 56 The Republic, a Theory of Justice? 56 The Ideal State: Women, Communism, Rule of Reason 59 Plato and Democracy 64 Plato, the Law and the Laws 70 4 The State as Teacher: Aristotle 78 The Unity of Politics and Ethics 78 Aristotle's Criticism of Plato and His Views on Women and Slavery 80 Justice and the Classification of Constitutions 85 Is Aristotle's Best State Just? 91 The Second-Best: Democracy, Law, and Rights in Aristotle's Politics 93 Aristotle and Liberalism 101 5 The Epicurean Contract and Stoic Natural Law 103 Epicurean Ideas about Justice as Contract 103 The Stoics on Ethics and Politics 108 What Goods Are Relevant? 109 Stoic Antipolitics? 110 Egalitarianism and Cosmopolitanism 111 A New Idea: Natural Law 113 Did the Stoics Have the Concept of Rights? 115 Conclusion 116 Part II The Roman Contribution 119 6 The Roman Republic and the Origins of Constitutionalism 121 Institutional Background: The Popular Assemblies 122 Institutional Background: The Magistrates and the Right of Appeal 126 Institutional Background: The Senate 130 Criminal Courts 131 Constitutional Conflict and the Emergence of Constitutionalism 132 Polybius on Rome's Well-Balanced Constitution 137 An Ambassador Conception of Representation 141 The Constitutional Machine Runs Itself (Until It Does Not) 142 Appendix: The Achaean League, an Early Model of Federalism 143 7 Justice, Not Happiness: Cicero's Roman Political Thought 145 Does this Egalitarian Anthropology Imply the Equality of Women? 147 Cicero's Theory of the State 148 Cicero's Constitutionalism 149 A New Theory of Justice? Cicero on the Just State 150 Controlling the State: The State as a Guarantor of Rights 152 Controlling the State: Property Rights and Justice in the Strict Sense 155 Magistrates as Representatives and Fiduciaries 158 Cicero's Use of the Idea of Natural Law 160 Natural Law and Natural (Even Human?) Rights Outside the State 163 8 The Principate, the Rise of Christianity, and Augustine's Peace 166 Augustus and the Principate: Autocracy or Legal Order? 166 The Rise of Christianity 174 Lactantius 177 Ambrose 180 The Tranquility of Order: Augustine 182 Just War and Religious Toleration 184 Part III Ancient and Modern Justice: Virtue, Peace, or Rights? 187 9 Greek Justice: Virtue and the Common Good 189 Thomas Aquinas and Aristotelian Theory 191 Property and the Common Good 195 Does the Common Good Imply Justice or Justice the Common Good? 198 The Legacy of Perfectionism 199 10 Roman Justice: Law and Rights 203 The Rediscovery of Roman Law 204 The State of Nature 207 A New Natural Law for the State of Nature 210 Sovereignty and Government 214 The Roman Tradition in the Eighteenth Century 217 Conclusion: Natural Law and Roman Law 219 11 Ideas in Action: The Atlantic Revolutions 220 The "Real American Revolution" 220 Ancient Founders and American Constitution-Making 228 The French Experience 236 Rousseau, Sparta, and Rome 236 Rights Declarations and Constitutions 240 Implications and Consequences: Slavery, Women, Property 241 Conclusion: The Three Traditions of Virtue, Peace, and Justice 244 Bibliography 250 Index 260
Preface and Acknowledgments x Maps and Figures xi Abbreviations and Text Editions xii Introduction: Why Greeks and Romans? Why Ideas? 1 The Gradual Encroachment of Ideas 2 Why Greeks and Romans? 5 The Use and Energy of Ideas and Concepts 10 The Cult of Contingency, or: Is Everything Constructed? 12 Overview of Contents 13 Part I The Greek Debate 15 1 The Polis, Equality, and the Growth of Political Thought 17 The World of Homer's Poems and the Emergence of Greek Political Life 17 Hesiod's Justice 23 The Ancient Near Eastern Context 25 The Polis and Greek Colonization 27 A Mere Spider's Web? Solon and the Rise of Written Law 31 2 Athenian Democracy, Early Antidemocratic and Democratic Thought, and the Sophist Movement 38 The Historical Background: Athenian Democracy in Practice in the Fifth Century 42 Antidemocratic Sentiment and Early Elements of Democratic Theory 45 Accountability 47 The Sophists 50 3 Knowledge, Paternalistic Justice, and Law: Plato 56 The Republic, a Theory of Justice? 56 The Ideal State: Women, Communism, Rule of Reason 59 Plato and Democracy 64 Plato, the Law and the Laws 70 4 The State as Teacher: Aristotle 78 The Unity of Politics and Ethics 78 Aristotle's Criticism of Plato and His Views on Women and Slavery 80 Justice and the Classification of Constitutions 85 Is Aristotle's Best State Just? 91 The Second-Best: Democracy, Law, and Rights in Aristotle's Politics 93 Aristotle and Liberalism 101 5 The Epicurean Contract and Stoic Natural Law 103 Epicurean Ideas about Justice as Contract 103 The Stoics on Ethics and Politics 108 What Goods Are Relevant? 109 Stoic Antipolitics? 110 Egalitarianism and Cosmopolitanism 111 A New Idea: Natural Law 113 Did the Stoics Have the Concept of Rights? 115 Conclusion 116 Part II The Roman Contribution 119 6 The Roman Republic and the Origins of Constitutionalism 121 Institutional Background: The Popular Assemblies 122 Institutional Background: The Magistrates and the Right of Appeal 126 Institutional Background: The Senate 130 Criminal Courts 131 Constitutional Conflict and the Emergence of Constitutionalism 132 Polybius on Rome's Well-Balanced Constitution 137 An Ambassador Conception of Representation 141 The Constitutional Machine Runs Itself (Until It Does Not) 142 Appendix: The Achaean League, an Early Model of Federalism 143 7 Justice, Not Happiness: Cicero's Roman Political Thought 145 Does this Egalitarian Anthropology Imply the Equality of Women? 147 Cicero's Theory of the State 148 Cicero's Constitutionalism 149 A New Theory of Justice? Cicero on the Just State 150 Controlling the State: The State as a Guarantor of Rights 152 Controlling the State: Property Rights and Justice in the Strict Sense 155 Magistrates as Representatives and Fiduciaries 158 Cicero's Use of the Idea of Natural Law 160 Natural Law and Natural (Even Human?) Rights Outside the State 163 8 The Principate, the Rise of Christianity, and Augustine's Peace 166 Augustus and the Principate: Autocracy or Legal Order? 166 The Rise of Christianity 174 Lactantius 177 Ambrose 180 The Tranquility of Order: Augustine 182 Just War and Religious Toleration 184 Part III Ancient and Modern Justice: Virtue, Peace, or Rights? 187 9 Greek Justice: Virtue and the Common Good 189 Thomas Aquinas and Aristotelian Theory 191 Property and the Common Good 195 Does the Common Good Imply Justice or Justice the Common Good? 198 The Legacy of Perfectionism 199 10 Roman Justice: Law and Rights 203 The Rediscovery of Roman Law 204 The State of Nature 207 A New Natural Law for the State of Nature 210 Sovereignty and Government 214 The Roman Tradition in the Eighteenth Century 217 Conclusion: Natural Law and Roman Law 219 11 Ideas in Action: The Atlantic Revolutions 220 The "Real American Revolution" 220 Ancient Founders and American Constitution-Making 228 The French Experience 236 Rousseau, Sparta, and Rome 236 Rights Declarations and Constitutions 240 Implications and Consequences: Slavery, Women, Property 241 Conclusion: The Three Traditions of Virtue, Peace, and Justice 244 Bibliography 250 Index 260
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