Samuel Rutherford – monarchia prawa czy monarchia świętych?

Tomasz Tulejski

doi:10.18778/0208-6069.91.06

Authors

Tomasz Tulejski Uniwersytet Łódzki, Wydział Prawa i Administracji, Katedra Doktryn Polityczno-Prawnych https://orcid.org/0000-0001-9466-1173

DOI:

https://doi.org/10.18778/0208-6069.91.06

Keywords:

Rutherford, monarchy of law, English Civil War

Abstract

Samuel Rutherford – Scottish Presbyterian priest and political thinker who lived in the times of English civil war – is commonly considered as one of the theorists of the monarchy of law concept, the mixed constitution and the right of revolution. All these ideas are fundamental for modern English constitutionalism which is in opposition to the idea of monarchical absolutism which is based on the concept of the social contract. For this reason, he was among the authorities quoted by the Founding Fathers during their opposition against the arbitrary powers of the Metropole. Meanwhile, the global analysis of his achievements put in doubts many circulating opinions regarding the author of Lex, Rex. In this article, an author proves that the hermeneutic analysis of Rutherford’s political theology suggests that Rutherford was not the theorist of the monarchy of law in its common meaning, but rather theonomic vision of the state.

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References

Brooks, Christopher W. 2008. “The Place of Magna Carta and The Ancient Constitution in Sixteenth-Century English Legal Thought”. W: The Roots of Liberty: Magna Carta, Ancient Constitution, and the Anglo-American Tradition of Rule of Law. Pod redakcją Sandoz Elis. 75–114. Indianapolis: Liberty Found.
Google Scholar

Calvin, John. 1960. Institutes of the Christian Religion. Tłumaczenie Ford L. Battles. Louisville: Westminster John Knox Press.
Google Scholar

Campbell, William, “Lex, Rex and its author”. Records of the Scottish Church History Society 7: 204–228.
Google Scholar

Coffey, John. 1997. Politics, Religion and the British Revolutions. The Mind of Samuel Rutherford. Cambridge: Cambridge University Press.
Google Scholar

Coke, Edward. 1817. The Second Part of Institutes of the Laws of England. London: W. Clarke and Sons.
Google Scholar

Coke, Edward. 1826. The Reports of Sir Edward Coke. Vol. IV. London: Joseph Butterworth and Son.
Google Scholar

Elazar, Daniel Judah. 1995. Covenant and Polity in Biblical Israel. Biblical Foundations and Jewish Expressions. The Covenant Tradition in Politics. Vol. I. New Brunswick, New Jersey, London: Transaction Publishers.
Google Scholar

Elazar, Daniel Judah. 1996. Covenant and Commonwealth. From Christian Separation through the Protestant Reformation. The Covenant Tradition in Politics. Vol. II. New Brunswick: Transaction Publishers.
Google Scholar

Gough, John Wiedhofft. 1975. The Social Contract. A Critical Study of its Development. Oxford: Clarendon Press.
Google Scholar

Hooker, Richard. 1820. “Of the Laws of Ecclesiastical Polity”. W: The Works of Richard Hooker. Oxford: Clarendon Press.
Google Scholar

Miller, Perry. 1956. Errand into the Wilderness. Cambridge: Harvard University Press.
Google Scholar

Pocock, John Greville Agard. 1957. The Ancient Constitution and the Feudal Law. A Study of English Historical Thought in the Seventeenth Century. Cambridge, New York: Cambridge University Press.
Google Scholar

Preece, Rod. 1980. “The Anglo-Saxon Conservative Tradition”. Canadian Journal of Political Science 13 (1): 3–32.
Google Scholar

Rutherford, Samuel. 1644. The due right of presbyteries, or, A peaceable plea for the government of the Church of Scotland. London: E. Griffin.
Google Scholar

Rutherford, Samuel. 1646a. “To The Right Honorable and Noble Lord, The Earl of Lovden, Chancellor of Scotland; and Chancellor of the University of St. Andrews, Grace, Mercy and Peace”. W: Samuel Rutherford. The divine right of church-government and excommunication: or a peacable dispute for the perfection of the holy scripture in point of ceremonies and church government. London: John Field.
Google Scholar

Rutherford, Samuel. 1646b. The divine right of church-government and excommunication: or a peacable dispute for the perfection of the holy scripture in point of ceremonies and church government. London: John Field.
Google Scholar

Rutherford, Samuel. 1649. A free disputation against pretended liberty of conscience tending to resolve doubts moved by Mr. John Goodwin, John Baptist, Dr. Jer. Taylor, the Belgick Arminians, Socinians, and other authors contending for lawlesse liberty, or licentious toleration of sects and heresies. London: Andrew Crook.
Google Scholar

Rutherford, Samuel. 1655. The covenant of life opened, or, A treatise of the covenant of grace. Edinburgh: Andro Anderson.
Google Scholar

Rutherford, Samuel. 1843. Lex, Rex, or The Law and the Prince; A dispute for The Just Prerogative of King and People: containing The reasons and causes of the most necessary defensive wars of the Kingdom of Scotland, and of their Expedition for the aid and help of their dear brethren of England; in which their innocency is asserted, and a full answer is given to a seditious pamphlet, entitled, Sacro-Sancta Regnum Majestatis. Edinburgh: Robert Ogle and Oliver & Boyd.
Google Scholar

Sanderson, John. 1989. ‘But the People’s Creatures’. The philosophical basis of the English Civil War. Manchester, New York: Manchester University Press.
Google Scholar

Wolin, Sheldon. 1953. “Richard Hooker and English Conservatism”. The Western Political Quarterly 6 (1): 28–47.
Google Scholar