Contemporary Perspectives On Natural Law

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Contemporary Perspectives on Natural Law

Ana Marta González
Contemporary Perspectives on Natural Law Book PDF

Author : Ana Marta González
Publisher : Routledge
Page : 335 pages
File Size : 53,7 Mb
Release : 2016-05-13
Category : Philosophy
ISBN : 9781317160601

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Contemporary Perspectives on Natural Law by Ana Marta González Pdf

Resorting to natural law is one way of conveying the philosophical conviction that moral norms are not merely conventional rules. Accordingly, the notion of natural law has a clear metaphysical dimension, since it involves the recognition that human beings do not conceive themselves as sheer products of society and history. And yet, if natural law is to be considered the fundamental law of practical reason, it must show also some intrinsic relationship to history and positive law. The essays in this book examine this tension between the metaphysical and the practical and how the philosophical elaboration of natural law presents this notion as a "limiting-concept", between metaphysics and ethics, between the mutable and the immutable; between is and ought, and, in connection with the latter, even the tension between politics and eschatology as a double horizon of ethics. This book, contributed to by scholars from Europe and America, is a major contribution to the renewed interest in natural law. It provides the reader with a comprehensive overview of natural law, both from a historical and a systematic point of view. It ranges from the mediaeval synthesis of Aquinas through the early modern elaborations of natural law, up to current discussions on the very possibility and practical relevance of natural law theory for the contemporary mind.

St. Thomas Aquinas and the Natural Law Tradition

John Goyette,Mark S. Latkovic,Richard S. Myers
St Thomas Aquinas and the Natural Law Tradition Book PDF

Author : John Goyette,Mark S. Latkovic,Richard S. Myers
Publisher : CUA Press
Page : 337 pages
File Size : 43,8 Mb
Release : 2004-09
Category : Law
ISBN : 9780813213996

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St. Thomas Aquinas and the Natural Law Tradition by John Goyette,Mark S. Latkovic,Richard S. Myers Pdf

To explore and evaluate the current revival, this volume brings together many of the foremost scholars on natural law. They examine the relation between Thomistic natural law and the larger philosophical and theological tradition. Furthermore, they assess the contemporary relevance of St. Thomas's natural law doctrine to current legal and political philosophy.

Contemporary Perspectives on Natural Law

Ana Marta González
Contemporary Perspectives on Natural Law Book PDF

Author : Ana Marta González
Publisher : Unknown
Page : 322 pages
File Size : 50,9 Mb
Release : 2008
Category : Electronic
ISBN : OCLC:487164063

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Contemporary Perspectives on Natural Law by Ana Marta González Pdf

Presenting a contribution to natural law, this work provides the reader with an overview of natural law, both from a historical and a systematic point of view. It ranges from the mediaeval synthesis of Aquinas through the early modern elaborations of natural law, up to discussions on the relevance of natural law theory for the contemporary mind.

Common Truths

Edward B. McLean
Common Truths Book PDF

Author : Edward B. McLean
Publisher : Intercollegiate Studies Institute
Page : 368 pages
File Size : 41,8 Mb
Release : 2000
Category : Law
ISBN : STANFORD:36105060803983

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Common Truths by Edward B. McLean Pdf

Addresses the questions philosophers have asked for centuries about the ground for man's actions. Why be moral? What is law? What are the limits of coercion within a just and free society? These and similar questions are ancient yet timely; and today, as always, they demand answers. Explicates the historical, theoretical, legislative and juridical aspects of natural law doctrine. The essayists reveal the comprehensiveness and, consequently, the usefulness of natural law theory in deriving human solutions to the problems confronting contemporary society.

Natural Law

Howard P. Kainz
Natural Law Book PDF

Author : Howard P. Kainz
Publisher : Open Court Publishing
Page : 172 pages
File Size : 49,6 Mb
Release : 2004
Category : Law
ISBN : 0812694546

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Natural Law by Howard P. Kainz Pdf

Is there such a thing as an objective law of morality? Natural law theorists maintain that there is, and Natural Law probes the history and implications of this powerful concept. Tracing the development of natural law from ancient times to the present, the book also examines the leading figures, transitions, and turning points in the idea's evolution, and brings a natural law approach to contemporary issues such as abortion, homosexuality, and assisted suicide.

The Threads of Natural Law

Francisco José Contreras
The Threads of Natural Law Book PDF

Author : Francisco José Contreras
Publisher : Springer Science & Business Media
Page : 255 pages
File Size : 42,9 Mb
Release : 2012-12-13
Category : Philosophy
ISBN : 9789400756564

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The Threads of Natural Law by Francisco José Contreras Pdf

The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. The contributions to this volume discuss both historical and contemporary schools of natural law. Topics on historical schools of natural law include: how Aristotelian theory of rules paved the way for the birth of the idea of "natural law"; the idea's first mature account in Cicero's work; the tension between two rival meanings of “man’s rational nature” in Aquinas’ natural law theory; and the scope of Kant’s allusions to “natural law”. Topics on contemporary natural law schools include: John Finnis's and Germain Grisez's “new natural law theory”; natural law theories in a "broader" sense, such as Adolf Reinach’s legal phenomenology; Ortega y Gasset’s and Scheler’s “ethical perspectivism”; the natural law response to Kelsen’s conflation of democracy and moral relativism; natural law's role in 20th century international law doctrine; Ronald Dworkin’s understanding of law as “a branch of political morality”; and Alasdair Macintyre’s "virtue"-based approach to natural law.​

International Law and Religion

Martti Koskenniemi,Mónica García-Salmones Rovira,Paolo Amorosa
International Law and Religion Book PDF

Author : Martti Koskenniemi,Mónica García-Salmones Rovira,Paolo Amorosa
Publisher : Oxford University Press
Page : 481 pages
File Size : 43,8 Mb
Release : 2017
Category : Law
ISBN : 9780198805878

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International Law and Religion by Martti Koskenniemi,Mónica García-Salmones Rovira,Paolo Amorosa Pdf

This books maps out the territory of international law and religion challenging receiving traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. By questioning that narrative of secularization this book approaches these traditions from a new perspective. From the Middle Ages' early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion --Front flap.

Natural Law and Thomistic Juridical Realism

Petar Popovic
Natural Law and Thomistic Juridical Realism Book PDF

Author : Petar Popovic
Publisher : CUA Press
Page : 328 pages
File Size : 44,6 Mb
Release : 2022-02-04
Category : Law
ISBN : 9780813235509

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Natural Law and Thomistic Juridical Realism by Petar Popovic Pdf

This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

Contemporary Perspectives on Early Modern Philosophy

Martin Lenz,Anik Waldow
Contemporary Perspectives on Early Modern Philosophy Book PDF

Author : Martin Lenz,Anik Waldow
Publisher : Springer Science & Business Media
Page : 327 pages
File Size : 42,9 Mb
Release : 2013-05-13
Category : Science
ISBN : 9789400762411

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Contemporary Perspectives on Early Modern Philosophy by Martin Lenz,Anik Waldow Pdf

Normativity has long been conceived as more properly pertaining to the domain of thought than to the domain of nature. This conception goes back to Kant and still figures prominently in contemporary epistemology, philosophy of mind and ethics. By offering a collection of new essays by leading scholars in early modern philosophy and specialists in contemporary philosophy, this volume goes beyond the point where nature and normativity came apart, and challenges the well-established opposition between these all too neatly separated realms. It examines how the mind’s embeddedness in nature can be conceived as a starting point for uncovering the links between naturally and conventionally determined standards governing an agent’s epistemic and moral engagement with the world. The original essays are grouped in two parts. The first part focuses on specific aspects of theories of perception, thought formation and judgment. It gestures towards an account of normativity that regards linguistic conventions and natural constraints as jointly setting the scene for the mind’s ability to conceptualise its experiences. The second part of the book asks what the norms of desirable epistemic and moral practices are. Key to this approach is an examination of human beings as parts of nature, who act as natural causes and are determined by their sensibilities and sentiments. Each part concludes with a chapter that integrates features of the historical debate into the contemporary context.​

Thomas Hobbes and the Natural Law

Kody W. Cooper
Thomas Hobbes and the Natural Law Book PDF

Author : Kody W. Cooper
Publisher : University of Notre Dame Pess
Page : 413 pages
File Size : 46,6 Mb
Release : 2018-03-30
Category : Philosophy
ISBN : 9780268103040

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Thomas Hobbes and the Natural Law by Kody W. Cooper Pdf

Has Hobbesian moral and political theory been fundamentally misinterpreted by most of his readers? Since the criticism of John Bramhall, Hobbes has generally been regarded as advancing a moral and political theory that is antithetical to classical natural law theory. Kody W. Cooper challenges this traditional interpretation of Hobbes in Thomas Hobbes and the Natural Law. Hobbes affirms two essential theses of classical natural law theory: the capacity of practical reason to grasp intelligible goods or reasons for action and the legally binding character of the practical requirements essential to the pursuit of human flourishing. Hobbes’s novel contribution lies principally in his formulation of a thin theory of the good. This book seeks to prove that Hobbes has more in common with the Aristotelian-Thomistic tradition of natural law philosophy than has been recognized. According to Cooper, Hobbes affirms a realistic philosophy as well as biblical revelation as the ground of his philosophical-theological anthropology and his moral and civil science. In addition, Cooper contends that Hobbes's thought, although transformative in important ways, also has important structural continuities with the Aristotelian-Thomistic tradition of practical reason, theology, social ontology, and law. What emerges from this study is a nuanced assessment of Hobbes’s place in the natural law tradition as a formulator of natural law liberalism. This book will appeal to political theorists and philosophers and be of particular interest to Hobbes scholars and natural law theorists.

Natural Law Theory

Robert P. George
Natural Law Theory Book PDF

Author : Robert P. George
Publisher : Oxford University Press
Page : 388 pages
File Size : 47,7 Mb
Release : 1992
Category : Law
ISBN : 0198235526

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Natural Law Theory by Robert P. George Pdf

Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and religious studies. This volume presents twelve original essays by leading natural law theorists and their critics. The contributors discuss natural law theories of morality, law and legal reasoning, politics, and the rule of law. Readers get a clear sense of the wide diversity of viewpoints represented among contemporary theorists, and an opportunity to evaluate the arguments and counterarguments exchanged in the current debates between natural law theorists and their critics. Contributors include Hadley Arkes, Joseph M. Boyle, Jr., John Finnis, Robert P. George, Russell Hittinger, Neil MacCormick, Michael Moore, Jeffrey Stout, Joseph Raz, Jeremy Waldron, Lloyd Weinreb, and Ernest Weinrib.

Natural Law and Thomistic Juridical Realism

Petar Popović
Natural Law and Thomistic Juridical Realism Book PDF

Author : Petar Popović
Publisher : Unknown
Page : 328 pages
File Size : 48,7 Mb
Release : 2022
Category : Law
ISBN : 0813235510

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Natural Law and Thomistic Juridical Realism by Petar Popović Pdf

This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

Natural Law

Alessandro Passerin d'Entrèves
Natural Law Book PDF

Author : Alessandro Passerin d'Entrèves
Publisher : Unknown
Page : 136 pages
File Size : 52,6 Mb
Release : 1951
Category : Law
ISBN : UCSD:31822026072454

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Natural Law by Alessandro Passerin d'Entrèves Pdf

"This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules.In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians.Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study.—Mitchell Muncy, The University Bookman"--Google Books viewed May 18, 2021.

Nature as Reason

Jean Porter
Nature as Reason Book PDF

Author : Jean Porter
Publisher : Wm. B. Eerdmans Publishing
Page : 440 pages
File Size : 41,8 Mb
Release : 2005
Category : Law
ISBN : 0802849067

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Nature as Reason by Jean Porter Pdf

This noteworthy book develops a new theory of the natural law that takes its orientation from the account of the natural law developed by Thomas Aquinas, as interpreted and supplemented in the context of scholastic theology in the twelfth and thirteenth centuries. Though this history might seem irrelevant to twenty-first-century life, Jean Porter shows that the scholastic approach to the natural law still has much to contribute to the contemporary discussion of Christian ethics. Aquinas and his interlocutors provide a way of thinking about the natural law that is distinctively theological while at the same time remaining open to other intellectual perspectives, including those of science. In the course of her work, Porter examines the scholastics' assumptions and beliefs about nature, Aquinas's account of happiness, and the overarching claim that reason can generate moral norms. Ultimately, Porter argues that a Thomistic theory of the natural law is well suited to provide a starting point for developing a more nuanced account of the relationship between specific beliefs and practices. While Aquinas's approach to the natural law may not provide a system of ethical norms that is both universally compelling and detailed enough to be practical, it does offer something that is arguably more valuable -- namely, a way of reflecting theologically on the phenomenon of human morality.

Natural Law and Natural Rights

John Finnis
Natural Law and Natural Rights Book PDF

Author : John Finnis
Publisher : Oxford University Press
Page : 511 pages
File Size : 46,9 Mb
Release : 2011-04-07
Category : LAW
ISBN : 9780199599134

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Natural Law and Natural Rights by John Finnis Pdf

This book uses contemporary analytical tools to provide basic accounts of values and principles, community and 'common good', justice and human rights, authority, law, the varieties of obligation, unjust law, and even the question of divine authority.