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Author : Jonathan Crowe
Publisher : Cambridge University Press
Page : 275 pages
File Size : 54,7 Mb
Release : 2019-04-25
Category : History
ISBN : 9781108498302
Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
Author : Michael Stolleis
Publisher : Routledge
Page : 457 pages
File Size : 54,7 Mb
Release : 2016-04-22
Category : History
ISBN : 9781317089766
This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.
Author : Alessandro Passerin d'Entrèves
Publisher : Hutchinson
Page : 216 pages
File Size : 44,9 Mb
Release : 1970
Category : Law
ISBN : UCAL:B4372878
Author : Heinrich Albert Rommen
Publisher : Unknown
Page : 328 pages
File Size : 51,8 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105060361834
Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Heinrich A. Rommen (1897-1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Author : Alexander Passerin d'Entreves
Publisher : Routledge
Page : 289 pages
File Size : 44,9 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781351503495
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
Author : R. H. Helmholz
Publisher : Harvard University Press
Page : 246 pages
File Size : 50,9 Mb
Release : 2015-06-08
Category : Law
ISBN : 9780674504615
Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.
Author : Richard Cumberland
Publisher : Unknown
Page : 824 pages
File Size : 44,7 Mb
Release : 1727
Category : Christian ethics
ISBN : STANFORD:36105041207437
Author : Petar Popovic
Publisher : CUA Press
Page : 328 pages
File Size : 52,6 Mb
Release : 2022-02-04
Category : Law
ISBN : 9780813235509
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 : Howard P. Kainz
Publisher : Open Court Publishing
Page : 172 pages
File Size : 50,5 Mb
Release : 2004
Category : Law
ISBN : 0812694546
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.
Author : Lloyd L. Weinreb
Publisher : Harvard University Press
Page : 340 pages
File Size : 54,5 Mb
Release : 1987
Category : Law
ISBN : 0674604261
"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 : Charles P. Nemeth
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 48,8 Mb
Release : 2017-05-18
Category : Philosophy
ISBN : 9781350009479
In A Comparative Analysis of Cicero and Aquinas, Charles P. Nemeth investigates how, despite their differences, these two figures may be the most compatible brothers in ideas ever conceived in the theory of natural law. Looking to find common threads that run between the philosophies of these two great thinkers of the Classical and Medieval periods, this book aims to determine whether or not there exists a common ground whereby ethical debates and dilemmas can be evaluated. Does comparison between Cicero and Aquinas offer a new pathway for moral measure, based on defined and developed principles? Do they deliver certain moral and ethical principles for human life to which each agree? Instead of a polemical diatribe, comparison between Cicero and Aquinas may edify a method of compromise and afford a more or less restrictive series of judgements about ethical quandaries.
Author : Mark C. Murphy
Publisher : Cambridge University Press
Page : 306 pages
File Size : 55,5 Mb
Release : 2001-06-11
Category : Law
ISBN : 0521802296
A defense of a contemporary natural law theory of practical rationality.
Author : Andrew Forsyth
Publisher : Cambridge University Press
Page : 173 pages
File Size : 44,6 Mb
Release : 2019-04-11
Category : Law
ISBN : 9781108476973
Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Author : Steven Jensen
Publisher : CUA Press
Page : 249 pages
File Size : 55,9 Mb
Release : 2015-03-26
Category : Philosophy
ISBN : 9780813227337
Knowing the Natural Law traces the thought of Aquinas from an understanding of human nature to a knowledge of the human good, from there to an account of ought-statements, and finally to choice, which issues in human actions. The much discussed article on the precepts of the natural law (I-II, 94, 2) provides the framework for a natural law rooted in human nature and in speculative knowledge. Practical knowledge is itself threefold: potentially practical knowledge, virtually practical knowledge, and fully practical knowledge.
Author : Franziska Quabeck
Publisher : LIT Verlag Münster
Page : 107 pages
File Size : 52,8 Mb
Release : 2013
Category : Law
ISBN : 9783643903228
John Locke's account of natural law, which forms the very basis of his political philosophy, has troubled many critics over time. The two works that shed light on Locke's theory are the early Essays on the Law of Nature and the Second Treatise of Government, published over 20 years later. Many critics have assumed that the early work presents a voluntarist approach to natural law and the second a rationalist approach, but the present analysis in this book shows that Locke's theory is consistent. Both works present a concept of the law of nature that must be placed between voluntarism and rationalism. (Series: Polyptoton. Munster Collection, Academic Writings / Polyptoton. Munsteraner Sammlung Akademischer Schriften - Vol. 3)