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E-book: On the Spirit of Rights

  • Format: PDF+DRM
  • Series: The Life of Ideas
  • Pub. Date: 14-Dec-2018
  • Publisher: University of Chicago Press
  • Language: eng
  • ISBN-13: 9780226589039
  • Format - PDF+DRM
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  • Format: PDF+DRM
  • Series: The Life of Ideas
  • Pub. Date: 14-Dec-2018
  • Publisher: University of Chicago Press
  • Language: eng
  • ISBN-13: 9780226589039

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By the end of the eighteenth century, politicians in America and France were invoking the natural rights of man to wrest sovereignty away from kings and lay down universal basic entitlements. Exactly how and when did &;rights&; come to justify such measures?
 
In On the Spirit of Rights, Dan Edelstein answers this question by examining the complex genealogy of the rights that regimes enshrined in the American and French Revolutions. With a lively attention to detail, he surveys a sprawling series of debates among rulers, jurists, philosophers, political reformers, writers, and others who were all engaged in laying the groundwork for our contemporary systems of constitutional governance. Every seemingly new claim about rights turns out to be a variation on a theme, as late medieval notions were subtly repeated and refined to yield the talk of &;rights&; we recognize today. From the Wars of Religion to the French Declaration of the Rights of Man and of the Citizen to the 1948 Universal Declaration of Human Rights, On the Spirit of Rights is a sweeping tour through centuries of European intellectual history and an essential guide to our ways of thinking about human rights today.

Reviews

"A superb, erudite piece of intellectual excavation. . . . Edelsteins skill as an intellectual historian lies especially in his ability to situate ideas in their broadest cultural and political setting." * New York Review of Books * "Provocative and timely." * Times Higher Education * "Edelstein explores how natural rights translated into human rights in his sweeping survey, which canvasses the archaeology of human rights from the Wars of Religion through the Age of Revolution to 1948. [ He] provides a helpful new framework for understanding the evolution of human rights in Western society. Highly recommended." * CHOICE * Rarely has an existing debate been as authoritatively and breathtakingly taken to a new plane as in Edelsteins sophisticated new story of how rights entered European and transatlantic politics in the age of revolution. Clear, erudite, and urbane, Edelstein has shown once again why he is so highly regarded a historian of the eighteenth centurys place in Western intellectual history. * Samuel Moyn, Yale University * The Spirit of Rights is an erudite, wide-ranging, and powerful reevaluation of the history of human rights in the West. Rather than viewing either (or both) the U.S. Declaration of Independence or the French Declaration of the Rights of Man as constituting a foundational moment of political modernity, Edelstein sees them as marking a moment in a lively and contentious conversation over rights that can be traced back to the sixteenth century and then through to our own day. The consequent expansion of the historical canvas on which rights have been inscribed explodes conventional teleologies. Written with verve and conviction, The Spirit of Rights is a tour de force: compelling, brilliant, and excitingly thought-provoking. * Colin Jones, Queen Mary University of London * "The author shows tremendous erudition both in relation to the sources and to the relevant literature. The argumentation is impressively clear and the presentation is extremely legible." * Historische Zeitschrift (translated from German) *

I How to Think about Rights in Early Modern Europe
1(24)
1 Introduction
1(6)
2 Tectonic Shifts And Tectonic Plates: Two Models For The Transformation Of Culture
7(2)
3 A Revolution In Natural Law? From Objective To Subjective Right (And Back Again)
9(6)
4 Rights And Sovereignty: Beyond The State
15(2)
5 Inalienability Vs. The Alienation Of Rights
17(1)
6 Roman Law, The Lex Regia, And The Genealogy Of Rights Regimes
18(3)
7 Writing Intellectual History In A Digital Age
21(4)
PART I Early Modern Rights Regimes
25(76)
II When Did Rights Become "Rights"? From the Wars of Religion to the Dawn of Enlightenment
27(34)
1 Monarchomachs And Tyrannicides: Natural Rights In The French Wars Of Religion
28(6)
2 English Liberties And Natural Rights: Leveller Arguments In The English Civil War
34(5)
3 Abridging Natural Rights: Hobbes And The High Church Divines
39(7)
4 Entrust, But Verify? The Transfer Regime From Spinoza To Locke
46(11)
5 Into The Enlightenment: "Cato" And Hutcheson
57(4)
III From Liberalism to Liberty: Natural Rights in the French Enlightenment
61(40)
1 Sources For Natural Law Theory In France, 1700-1750
63(11)
2 Physiocracy And The Dangerous Ignorance Of Natural Rights
74(11)
3 Natural Rights Talk In The Late Enlightenment: The Philosophes Carry The Torch
85(5)
4 The (Meek) Conservative Reaction
90(2)
5 Resisting Despotism: National Rights And Constitutionalism
92(9)
PART II Social Naturalism in Early Modern France
101(40)
IV The Laws of Nature in Neo-Stoicism and Science
107(11)
1 The Many Receptions Of Stoicism
107(8)
2 Laws Of The Natural World: The New Science
115(3)
V Roman Law and Order: From Free-Market Ideology to Abolitionism
118(23)
1 The Jansenist Ethic And The Spirit Of Capitalism: Jean Domat, The Natural Order, And The Origins Of Free-Market Ideology
119(8)
2 "All Men Are Originally Born Free": Slavery, Empathy, And The Extension Of Human Rights
127(12)
3 Conclusion
139(2)
PART III Rights and Revolutions
141(84)
VI Natural Constitutionalism and American Rights
143(29)
1 Boston, Locke, And Natural Rights (1715--64)
147(10)
2 Blackstone And English Common Law
157(5)
3 Natural Rights And Revolution
162(4)
4 Declaring Rights: From Natural Law Back To English Common Law
166(6)
VII From Nature to Nation: French Revolutionary Rights
172(22)
1 Whose Rights Are They, Anyway? Rights Talk In The Cahiers De Doleances
175(4)
2 Debating Rights At The National Assembly
179(6)
3 The Legal Spirit Of The French Declaration Of Rights
185(3)
4 The Revenge Of National Rights
188(3)
5 Conclusion
191(3)
VIII Conclusion: A Stand-in for the Universal Declaration: 1789--1948
194(31)
1 The Catholic Church, Natural Law, And Human Rights
196(5)
2 From National Constitutions To An International Declaration
201(19)
3 The Archaeology Of The Universal Declaration Of Human Rights
220(5)
Acknowledgments 225(4)
Notes 229(80)
Selected Bibliography 309(4)
Index 313
Dan Edelstein is the William H. Bonsall Professor of French and professor of history (by courtesy) at Stanford University. He is the author of The Terror of Natural Right: Republicanism, the Cult of Nature, and the French Revolution and The Enlightenment: A Genealogy, both published by the University of Chicago Press.