Debating Medieval Natural Law

Author : Riccardo Saccenti
Publisher : University of Notre Dame Pess
Page : 144 pages
File Size : 48,6 Mb
Release : 2016-10-15
Category : Law
ISBN : 9780268100438

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Debating Medieval Natural Law by Riccardo Saccenti Pdf

In Debating Medieval Natural Law: A Survey, Riccardo Saccenti examines and evaluates the major lines of interpretation of the medieval concepts of natural rights and natural law within the twentieth and early twenty-first centuries and explains how the major historiographical interpretations of ius naturale and lex naturalis have changed. His bibliographical survey analyzes not only the chronological evolution of various interpretations of natural law but also how they differ, in an effort to shed light on the historical debate and on the medieval roots of modern human rights theories. Saccenti critically examines the historical analyses of the major historians of medieval political and legal thought while addressing how to further research on the subject. His perspective interlaces different disciplinary points of view: history of philosophy, as well as history of canon and civil law and history of theology. By focusing on a variety of disciplines, Saccenti creates an opportunity to evaluate each interpretation of medieval lex naturalis in terms of the area it enlightens and within specific cultural contexts. His survey is a basis for future studies concerning this topic and will be of interest to scholars of the history of law and, more generally, of the history of ideas in the twentieth century.

Author : Dominic Farrell
Publisher : CUA Press
Page : 241 pages
File Size : 49,5 Mb
Release : 2022-07-08
Category : Law
ISBN : 9780813235387

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Traditions of Natural Law in Medieval Philosophy by Dominic Farrell Pdf

Reflection on natural law reaches a highpoint during the Middle Ages. Not only do Christian thinkers work out the first systematic accounts of natural law and articulate the framework for subsequent reflection, the Jewish and Islamic traditions also develop their own canonical statements on the moral authority of reason vis-à-vis divine law. In the view of some, they thereby articulate their own theories of natural law. These various traditions of medieval reflection on natural law, and their interrelation, merit further study, particularly since they touch upon many current philosophical concerns. They grapple with the problem of ethical and religious pluralism. They consider whether universally valid standards of action and social life are accessible to those who rely on reason rather than divine law. In so doing, they develop sophisticated accounts of many central issues in metaethics, action theory, jurisprudence, and the philosophy of religion. However, do they reach a consensus about natural law, or do they end up defending incommensurable ethical frameworks? Do they confirm the value of arguments based on natural law or do they cast doubt on it? This collection brings together contributions from various expert scholars to explore these issues and the pluralism that exists within medieval reflection on natural law. It is the first one to study the relation between the natural law theories of these various traditions of medieval philosophy: Jewish, Islamic, Byzantine, and Latin. Each of the first four essays surveys the ‘natural law theory’ of one of the religious traditions of medieval philosophy—Jewish, Islamic, Byzantine, and Latin—and its relation to the others. The next four essays explore some of the alternative accounts of natural law that arise within the Latin tradition. They range over St. Bonaventure, Peter of Tarentaise, Matthew of Aquasparta, John Duns Scotus, and Marsilius of Padua.

Author : Stephen A. State
Publisher : Routledge
Page : 261 pages
File Size : 53,7 Mb
Release : 2013-07-18
Category : Philosophy
ISBN : 9781134050543

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Thomas Hobbes and the Debate over Natural Law and Religion by Stephen A. State Pdf

The argument laid out in this book discusses and interprets the work of Hobbes in relation to religion. It compares a traditional interpretation of Hobbes where Hobbes’ use of conventional terminology when talking about natural law is seen as ironic or merely convenient despite an atheist viewpoint, with the view that Hobbes’ morality is truly traditional and Christian. The book considers other thinkers of the age in tandem with Hobbes and discusses in detail his theology inspired by corporeal mechanics. The position is that there are significant senses in which Hobbes can be said to be a traditional natural law theorist.

Author : Tom Angier
Publisher : Cambridge University Press
Page : 359 pages
File Size : 49,7 Mb
Release : 2019-11-07
Category : Philosophy
ISBN : 9781108422635

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The Cambridge Companion to Natural Law Ethics by Tom Angier Pdf

How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.

Author : Chris Jones,Takashi Shogimen
Publisher : Taylor & Francis
Page : 325 pages
File Size : 46,5 Mb
Release : 2023-06-16
Category : History
ISBN : 9781000898323

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Rethinking Medieval and Renaissance Political Thought by Chris Jones,Takashi Shogimen Pdf

This collection of essays, written by leading experts, showcases historiographical problems, fresh interpretations, and new debates in medieval and Renaissance history and political thought. Recent scholarship on medieval and Renaissance political thought is witness to tectonic movements. These involve quiet, yet considerable, re-evaluations of key thinkers such as Thomas Aquinas and Machiavelli, as well as the string of lesser known "political thinkers" who wrote in western Europe between Late Antiquity and the Reformation. Taking stock of thirty years of developments, this volume demonstrates the contemporary vibrancy of the history of medieval and Renaissance political thought. By both celebrating and challenging the perspectives of a generation of scholars, notably Cary J. Nederman, it offers refreshing new assessments. The book re-introduces the history of western political thought in the Middle Ages and the Renaissance to the wider disciplines of History and Political Science. Recent historiographical debates have revolutionized discussion of whether or not there was an "Aristotelian revolution" in the thirteenth century. Thinkers such as Machiavelli and Marsilius of Padua are read in new ways; less well-known texts, such as the Irish On the Twelve Abuses of the Age, offer new perspectives. Further, the collection argues that medieval political ideas contain important lessons for the study of concepts of contemporary interest such as toleration. The volume is an ideal resource for both students and scholars interested in medieval and Renaissance history as well as the history of political thought.

Author : Lloyd L. Weinreb
Publisher : Harvard University Press
Page : 340 pages
File Size : 53,9 Mb
Release : 1987
Category : Law
ISBN : 0674604261

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Natural Law and Justice by Lloyd L. Weinreb Pdf

"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.

Author : M. V. Dougherty
Publisher : Unknown
Page : 128 pages
File Size : 47,5 Mb
Release : 2013
Category : Electronic
ISBN : 1139006770

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Moral Dilemmas in Medieval Thought by M. V. Dougherty Pdf

Author : Petar Popovic
Publisher : CUA Press
Page : 328 pages
File Size : 51,7 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.

Author : Raymond A. Whiting
Publisher : Bloomsbury Publishing USA
Page : 234 pages
File Size : 45,5 Mb
Release : 2001-11-30
Category : Law
ISBN : 9780313076046

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A Natural Right to Die by Raymond A. Whiting Pdf

While other books deal with the contemporary issue of the right to die, no attempt has been made to demonstrate substantially the historic nature of this question beyond the borders of the United States. Whiting demonstrates that the right to die controversy stretches back more than two thousand years, and he explains how current attitudes and practices in the U.S. have been influenced by the legal and cultural development of the ancient western world. This perspective allows the reader to understand not only the origins of the controversy, but also the different perspectives that each age has contributed to the ongoing debate. Whiting discusses the development of legal rights within both western culture and the United States, then applies these developments to the question of the right to die. In an environment of public debate that features such emotional events as the exploits of Jack Kevorkian, the publication of how to suicide manuals, and the counterattacks of Right to Life groups, the United States is left with very few options.

Author : James A. Brundage,Melodie H. Eichbauer
Publisher : Taylor & Francis
Page : 266 pages
File Size : 52,6 Mb
Release : 2022-08-05
Category : History
ISBN : 9781000631494

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Medieval Canon Law by James A. Brundage,Melodie H. Eichbauer Pdf

It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage’s original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history.

Author : Norman Doe
Publisher : Cambridge University Press
Page : 281 pages
File Size : 49,6 Mb
Release : 2017-07-20
Category : Law
ISBN : 9781107186446

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Christianity and Natural Law by Norman Doe Pdf

This book compares historical and modern natural law ideas across global Christian traditions and explores their use in church law.

Author : Mónica García-Salmones Rovira
Publisher : Cambridge University Press
Page : 487 pages
File Size : 41,5 Mb
Release : 2023-02-28
Category : Law
ISBN : 9781009332132

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The Necessity of Nature by Mónica García-Salmones Rovira Pdf

To understand our current world crises, it is essential to study the origins of the systems and institutions we now take for granted. This book takes a novel approach to charting intellectual, scientific, and philosophical histories alongside the development of the international legal order by studying the philosophy and theology of the Scientific Revolution and its impact on European natural law, political liberalism, and political economy. Starting from analysis of the work of Thomas Hobbes, Robert Boyle and John Locke on natural law, the author incorporates a holistic approach that encompasses global matters beyond the foundational matters of treaties and diplomacy. The monograph promotes a sustainable transformation of international law in the context of related philosophy, history, and theology. Tackling issues such as nature, money, necessities, human nature, secularism, and epistemology which underlie natural lawyers' thinking, Dr García-Salmones explains their enduring relevance for international legal studies today.

Author : David Napolitano,Kenneth J. Pennington
Publisher : Bloomsbury Publishing
Page : 281 pages
File Size : 45,6 Mb
Release : 2022-12-15
Category : History
ISBN : 9781350272828

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A Cultural History of Democracy in the Medieval Age by David Napolitano,Kenneth J. Pennington Pdf

Offering a broad exploration of the cultural history of democracy in the medieval age, this volume claims that, though not generally associated with the term, the Middle Ages deserve to be included in a general history of democracy. The term was never widely employed during this period, the dominant attitude towards democracy was outright hostility, and none of the medieval polities thought of itself as a democracy. Despite this, this study highlights a wide variety of ideas, practices, procedures, and institutions that, although different from their ancient predecessor (direct democracy) or modern successor (liberal representative democracy), played a significant role in the history of democracy. This volume covers almost 1,000 years and a wide range of territories. It deals with different political spheres (ecclesiastical and secular) and socio-political settings (courtly, urban, and rural) and examines the phenomenon from the local level up to the universal realm. This volume adopts a broad cultural approach and is structured thematically. Each chapter takes a theme as its focus: sovereignty; liberty and the rule of law; the common good; economic and social democracy; religion and the principles of political obligation; citizenship and gender; ethnicity, race, and nationalism; democratic crises, revolutions, and civil resistance; international relations; and the scalability of democracy beyond the limits of a single city. These ten themes add up to an extensive, synoptic coverage of the subject.

Author : Brendan Case
Publisher : Bloomsbury Publishing
Page : 277 pages
File Size : 54,7 Mb
Release : 2021-04-08
Category : Religion
ISBN : 9780567697691

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The Accountable Animal: Justice, Justification, and Judgment by Brendan Case Pdf

The Accountable Animal: Justice, Justification, and Judgement offers a theological meditation on the human being as an accountable animal. Brendan Case introduces the idea of accountability, not merely as a structural feature of human institutions, but as a disposition to submit to rightly-constituted authority, whether divine or human. He relates this conception of accountability to the key themes of "justice, justification, and judgment".

Author : Lydia Schumacher
Publisher : Walter de Gruyter GmbH & Co KG
Page : 481 pages
File Size : 41,7 Mb
Release : 2020-06-22
Category : Literary Criticism
ISBN : 9783110685084

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The Summa Halensis by Lydia Schumacher Pdf

For generations, early Franciscan thought has been widely regarded as unoriginal: a mere attempt to systematize the longstanding intellectual tradition of Augustine in the face of the rising popularity of Aristotle. This volume brings together leading scholars in the field to undertake a major study of the major doctrines and debates of the so-called Summa Halensis (1236-45), which was collaboratively authored by the founding members of the Franciscan school at Paris, above all, Alexander of Hales, and John of La Rochelle, in an effort to lay down the Franciscan intellectual tradition or the first time. The contributions will highlight that this tradition, far from unoriginal, laid the groundwork for later Franciscan thought, which is often regarded as formative for modern thought. Furthermore, the volume shows the role this Summa played in the development of the burgeoning field of systematic theology, which has its origins in the young university of Paris. This is a crucial and groundbreaking study for those with interests in the history of western thought and theology specifically.