Natural Law And Thomistic Juridical Realism

Author : Petar Popović
Publisher : Unknown
Page : 328 pages
File Size : 46,9 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.

Author : Petar Popovic
Publisher : CUA Press
Page : 328 pages
File Size : 47,8 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 : Petar Popovic
Publisher : Unknown
Page : 440 pages
File Size : 53,9 Mb
Release : 2021
Category : Philosophy
ISBN : 8883339657

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The Goodness of Rights and the Juridical Domain of the Good. Essays in Thomistic Juridical Realism by Petar Popovic Pdf

Author : R. H. Helmholz
Publisher : Harvard University Press
Page : 246 pages
File Size : 49,8 Mb
Release : 2015-06-08
Category : Law
ISBN : 9780674504615

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Natural Law in Court by R. H. Helmholz Pdf

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 : Robert P. George
Publisher : Oxford University Press
Page : 388 pages
File Size : 53,6 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.

Author : Heinrich Albert Rommen
Publisher : Unknown
Page : 328 pages
File Size : 47,7 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105060361834

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The Natural Law by Heinrich Albert Rommen Pdf

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 : 43,8 Mb
Release : 2017-07-28
Category : Law
ISBN : 9781351503495

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Natural Law by Alexander Passerin d'Entreves 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

Author : Petar Popović
Publisher : Unknown
Page : 299 pages
File Size : 50,5 Mb
Release : 2019
Category : Electronic
ISBN : 8883338057

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The Juridical Domain of Natural Law by Petar Popović Pdf

Author : Gianfrancesco Zanetti,Mortimer Sellers,Stephan Kirste
Publisher : Springer Nature
Page : 371 pages
File Size : 49,8 Mb
Release : 2023-04-03
Category : Law
ISBN : 9783031195426

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Handbook of the History of the Philosophy of Law and Social Philosophy by Gianfrancesco Zanetti,Mortimer Sellers,Stephan Kirste Pdf

This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.

Author : Alessandro Passerin d'Entrèves
Publisher : Hutchinson
Page : 216 pages
File Size : 44,9 Mb
Release : 1970
Category : Law
ISBN : UCAL:B4372878

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Natural Law by Alessandro Passerin d'Entrèves Pdf

Author : José María Torralba,Mario Šilar,Alejandro Néstor García Martínez
Publisher : Unknown
Page : 0 pages
File Size : 44,9 Mb
Release : 2008
Category : Electronic books
ISBN : 1847186432

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Natural Law by José María Torralba,Mario Šilar,Alejandro Néstor García Martínez Pdf

Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to a better understanding of human goods without contradictions and partial bias. The purpose of the present volume is to provide an overview of the history of this concept (Cicero, St. Paul, Aquinas, Melanchthon, Montaigne, Descartes, Leibniz, Hume, Burke, Kant, MacIntyre, etc.) as well as a deep understanding of ongoing research, both in Europe and in America. Furthermore, the specificity of these studies will be of particular value to philosophers, law-philosophers, historians, anthropologists, sociologists and theologians, and those concerned on such issues as the relation between law and moral norm, law and practical reason, and the presence of the idea of natural law in several prominent thinkers. It includes a selected bibliography on natural law. The book also provides an excellent introduction to several of the major topics in natural law theory making it useful both as a reference text and as a sourcebook for academics alike. Natural law is a rich, complex, and highly disputed term. Since its first appearances in the history of Western civilization, it has been used both to point to God as the source of the moral order and to assert that there is an objective order of justice in nature that men and their laws ought to respect. In modern times, natural law theory gave birth to what we usually call â oehuman rights.â Unlike the meaning of the term, the importance of an ongoing debate on natural law and on the theories related to it is undisputable. This is why I welcome today this new collection of essays edited by Alejandro NÃ(c)stor GarcÃ-a MartÃ-nez, Mario Å ilar and JosÃ(c) M. Torralba. Natural Law: Historical, Systematic and Juridical Approaches includes a wide variety of studies, covering key authors and issues in natural law theory. Younger students will appreciate the clarity of the chapters, and more trained readers the detailed and accurate bibliographical references that each of them offers. The editorsâ (TM)s choice to go from a historical approach to contemporary theories, and then to theoretical and more practical issues is also commendable. Students in philosophy and in legal theory will greatly benefit from this book. â "Fulvio Di Blasi, author of God and the Natural Law: A Rereading of Thomas Aquinas

Author : Felipe de Jesús Fierro Alvídrez
Publisher : Palibrio
Page : 333 pages
File Size : 48,9 Mb
Release : 2013-07-11
Category : Law
ISBN : 9781463352035

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Towards the True Law by Felipe de Jesús Fierro Alvídrez Pdf

Does the Law exist? And if so, what is it? Can we know it? This book tries to answer these questions by approaching as a whole the problem of Law, its justification and demonstration. Because when facing multiple legal theories, many of which are contradictory, we have to ask ourselves what the true Law is, if it exists indeed, its origin, meaning and perspective. We are in pursuit of something more: the Law and its truth. This fundamental question must be scientifically solved, and in such an in-depth approach that only philosophy, traditionally understood as “knowledge by its first and principle causes, obtained under the natural light of reason,” can give us the answer. The current thesis takes up the problem of knowledge and its theories of being and truth, to later contrast them with various juridical currents. Two different paths, processes and objects to reach the same conclusion. The result wasn’t easy, but we believe we contributed with a juridical theory with seven rules of truthfulness, that from our humble point of view, solves the conflict over Law, its essence and properties. What is Right? What is Law? Does a juridical science exist? Does a true theory of Law exist or does each one of us have their own truth? These were the central questions we tried to answer in the current thesis; to demonstrate through reason the considerations raised here and to somehow contribute in a positive way to the growing relativism of this subject.

Author : Thomas F. Torrance
Publisher : Wipf and Stock Publishers
Page : 82 pages
File Size : 47,9 Mb
Release : 1997-12-03
Category : Religion
ISBN : 9781579100933

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Juridical Law and Physical Law by Thomas F. Torrance Pdf

This book challenges jurists and parliamentarians to reconsider the foundations of the legal and political institutions in Britain, which are shown to be seriously wanting as judicial decisions in favor of justice are set aside by appeal to statutory enactments of Parliament slanted by party-political prejudice.

Author : Lloyd L. Weinreb
Publisher : Harvard University Press
Page : 340 pages
File Size : 45,7 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 : Brendan Francis Brown
Publisher : Unknown
Page : 254 pages
File Size : 51,7 Mb
Release : 1960
Category : Law
ISBN : UOM:49015000433558

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The Natural Law Reader by Brendan Francis Brown Pdf