JJS 2004 Volume 29 Issue 2

Permanent URI for this collection

http://hdl.handle.net/11660/2407

Browse

Browsing JJS 2004 Volume 29 Issue 2 by Author "Raath, A. W. G."

Now showing 1 - 2 of 2
  • Thumbnail Image
    ItemOpen Access
    The impact of Scholasticism and Protestantism on Ulrich Huber's views on constitutionalism and tyranny
    (Faculty of Law, University of the Free State, 2004) Raath, A. W. G.; Henning, J. J.
    English: Ulrich Huber's (1636-1694) contribution to public law was initiated with his lectures on the general principles of constitutional law at Franeker. The fruits of his work culminated in his De Jure Civitatis. The era in which Huber produced this work was generally characterized by the emergence of rationalism and enlightenment in Dutch jurisprudence. More specifically Huber's work reflects the influence of the transition from enlightened absolutism to democratic government based on the will of the subjects. His views on popular sovereignty culminated in Huber's theory of limited government and resistance to tyranny. A study of the Latin text of Huber's pioneering work reveals valuable perspectives on these trends in the transition of Dutch jurisprudence from scholasticism to enlightenment.
  • Thumbnail Image
    ItemOpen Access
    Political Covenantalism, sovereignty and the obligatory nature of law: Ulrich Huber's discourse on state authority and democratic universalism
    (Faculty of Law, University of the Free State, 2004) Raath, A. W. G.; Henning, J. J.
    English: Ulrich Huber's De Jure Civitatis, published in Latin, has never been translated into any other language, making this a relatively unknown source in constitutional law. In this work Huber responds to the state absolutism of Machiavelli and Hobbes. Although Huber objects strongly to Hobbes's enlightened absolutism, his own theory of the double social contract scheme harbours distinct elements of political universalism.The possibilities for political resistance by subjects in the state are very limited. Although Huber's theory of constitutionalism prepared the way for the enlightened individualism in the theories of Locke and Rousseau, his constitutional law theory shows a clear preponderance towards political absolutism.