The Missing Link in the Philosophy of Enlightenment: - Reasonability, will and separation of powers in the philosophy of justice of Henri-François d'Aguesseau, chancellor of France

    Publikation: Working paper/Preprint Working paperForskning

    Abstract

      The paper examines the opening of state reasoning towards public deliberation during the Enlightenment. Since the Enlightenment, a number of standards for public reasoning have been settled. These concerned the constitution of reasoning, freedom of speech and print, toleration, justice and other social and political phenomena as well. Following the lead of Immanuel Kant, these standards and procedures are often, for instance by Reinhart Koselleck, claimed to be forms of reasoning that follow a model of a tribunal. Accordingly, the paper analyses the self-descriptions, semantics and the thoughts constituting the public reasoning in the leading court of justice during the early Enlightenment, the Paris parlements.  The yearly speeches from 1693 - 1715 as well as the philosophy of law, from 1727, by the royal attorney and later chancellor Henri-François d'Aguesseau (1668 - 1751) are subject to the analysis of the paper. It seems clear that a the Copernican  turn in social reasoning took place at that moment according to the form of "Reason's Empire".
    OriginalsprogEngelsk
    UdgivelsesstedAarhus University
    UdgiverDepartment of Political Science
    Sider1 - 22
    Antal sider22
    StatusUdgivet - 2006

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