The Changing Profile Of The Natural Law

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The Changing Profile of the Natural Law

Michael Bertram Crowe
The Changing Profile of the Natural Law Book PDF

Author : Michael Bertram Crowe
Publisher : Springer Science & Business Media
Page : 333 pages
File Size : 41,7 Mb
Release : 2013-12-01
Category : Law
ISBN : 9789401509138

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The Changing Profile of the Natural Law by Michael Bertram Crowe Pdf

It has more than once been observed that funeral orations for the natural law have always been premature. ! The implication that the concept has a continuing vitality, giving the lie to the prophets of its doom, is justification for yet another book on a subject, now as much as ever in the two and a half millenia of its history a matter of controversy. The history of the natural law has often been written -or at least the history of the concept in the Western European Greco 2 Roman tradition. This study does not claim to be a history, although its method is primarily historical and its subject is an idea that, more perhaps than most, has been shaped by its history. The omissions, Hobbes, Vico, Kant, Hegel for example, amply demonstrate that this is not a systematic history. On the other hand it accepts that In an orderly preparation for the study of natural law the most impor tant step would be to list the main modifications undergone by the notion of natural law as a result of doctrinal and historical cir cumstances? 1 Bergbohm, Jurisprudenz und Rechtsphilosophie, cited in a. M. Manser, Vas Natu"echt in Thomistischer Beleuchtung, p. 1; cf. A. P. d'Entreves, Natural Law, p. 13: "It was declared dead, never to rise again from its ashes. Yet natural law has survived and still calls for discussion. " 2 A.

Natural Law and Justice

Lloyd L. Weinreb
Natural Law and Justice Book PDF

Author : Lloyd L. Weinreb
Publisher : Harvard University Press
Page : 340 pages
File Size : 50,6 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.

Natural and Divine Law

Jean Porter
Natural and Divine Law Book PDF

Author : Jean Porter
Publisher : Wm. B. Eerdmans Publishing
Page : 348 pages
File Size : 40,6 Mb
Release : 1999
Category : Law
ISBN : 0802846971

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Natural and Divine Law by Jean Porter Pdf

Though the concept of natural law took center stage during the Middle Ages, the theological aspects of this august intellectual tradition have been largely forgotten by the modern church. In this book ethicist Jean Porter shows the continuing significance of the natural law tradition for Christian ethics. Based on a careful analysis of natural law as it emerged in the medieval period, Porter's work explores several important scholastic theologians and canonists whose writings are not only worthy of study in their own right but also make important contributions to moral reflection today.

Natural Law

Howard P. Kainz
Natural Law Book PDF

Author : Howard P. Kainz
Publisher : Open Court Publishing
Page : 172 pages
File Size : 50,6 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.

Edmund Burke and the Natural Law

Peter Stanlis
Edmund Burke and the Natural Law Book PDF

Author : Peter Stanlis
Publisher : Routledge
Page : 303 pages
File Size : 46,7 Mb
Release : 2017-09-29
Category : Political Science
ISBN : 9781351312264

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Edmund Burke and the Natural Law by Peter Stanlis Pdf

Today the idea of natural law as the basic ingredient in moral, legal, and political thought presents a challenge not faced for almost two hundred years. On the surface, there would appear to be little room in the contemporary world for a widespread belief in natural law. The basic philosophies of the opposition--the rationalism of the philosophes, the utilitarianism of Bentham, the materialism of Marx--appear to have made prior philosophies irrelevant. Yet these newer philosophies themselves have been overtaken by disillusionment born of conflicts between "might" and "right." Many thoughtful people who were loyal to secular belief have become dissatisfied with the lack of normative principles and have turned once more to natural law. This first book-length study of Edmund Burke and his philosophy, originally published in 1958, explores this intellectual giant's relationship to, and belief in, the natural law. It has long been thought that Edmund Burke was an enemy of the natural law, and was a proponent of conservative utilitarianism. Peter J. Stanlis shows that, on the contrary, Burke was one of the most eloquent and profound defenders of natural law morality and politics in Western civilization. A philosopher in the classical tradition of Aristotle and Cicero, and in the Scholastic tradition of Aquinas, Burke appealed to natural law in the political problems he encountered in American, Irish, Indian, and British affairs, and in reaction to the French Revolution. This book is as relevant today as it was when it was first published, and will be mandatory reading for students of philosophy, political science, law, and history.

The Development of Moral Theology

Charles E. Curran
The Development of Moral Theology Book PDF

Author : Charles E. Curran
Publisher : Georgetown University Press
Page : 317 pages
File Size : 48,8 Mb
Release : 2013-11-08
Category : Religion
ISBN : 9781626160194

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The Development of Moral Theology by Charles E. Curran Pdf

Charles Curran in his newest book The Development of Moral Theology: Five Strands, brings a unique historical and critical analysis to the five strands that differentiate Catholic moral theology from other approaches to Christian ethics—sin and the manuals of moral theology, the teaching of Thomas Aquinas and later Thomists, natural law, the role of authoritative church teaching in moral areas, and Vatican II. Significant changes have occurred over the course of these historical developments. In addition, pluralism and diversity exist even today, as illustrated, for example, in the theory of natural law proposed by Cardinal Ratzinger. In light of these realities, Curran proposes his understanding of how the strands should influence moral theology today. A concluding chapter highlights the need for a truly theological approach and calls for a significant change in the way that the papal teaching office functions today and its understanding of natural law. In a work useful to anyone who studies Catholic moral theology, The Development of Moral Theology underscores, in the light of the historical development of these strands, the importance of a truly theological and critical approach to moral theology that has significant ramifications for the life of the Catholic church.

Feminist Ethics and Natural Law

Cristina L. H. Traina
Feminist Ethics and Natural Law Book PDF

Author : Cristina L. H. Traina
Publisher : Georgetown University Press
Page : 404 pages
File Size : 41,5 Mb
Release : 1999-04-28
Category : Social Science
ISBN : 158901846X

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Feminist Ethics and Natural Law by Cristina L. H. Traina Pdf

Heated debates over such issues as abortion, contraception, ordination, and Church hierarchy suggest that feminist and natural law ethics are diametrically opposed. Cristina L.H. Traina now reexamines both Roman Catholic natural law tradition and Anglo-American feminist ethics and reconciles the two positions by showing how some of their aims and assumptions complement one another. After carefully scrutinizing Aquinas’s moral theology, she analyzes trends in both contemporary feminist ethics, theological as well as secular, and twentieth-century Roman Catholic moral theology. Although feminist ethics reject many of the methods and conclusions of the scholastic and revisionist natural law schools, Traina shows that a truly Thomistic natural law ethic nonetheless provides a much-needed holistic foundation for contemporary feminist ethics. On the other hand, she offers new perspectives on the writings of Josef Fuchs, Richard McCormick, and Gustavo Gutierrez, arguing that their failure to catch the full spirit of Thomas’s moral vision is due to inadequate attention to feminist critical methods. This highly original book proposes an innovative union of two supposedly antagonistic schools of thought, a new feminist natural law that would yield more comprehensive moral analysis than either existing tradition alone. This is a provocative book not only for students of moral theology but also for feminists who may object to the very notion of natural law ethics, suggesting how each might find insight in an unlikely place.

Natural Law in Court

R. H. Helmholz
Natural Law in Court Book PDF

Author : R. H. Helmholz
Publisher : Harvard University Press
Page : 246 pages
File Size : 55,9 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.

Natural Law and Modern Moral Philosophy: Volume 18, Social Philosophy and Policy, Part 1

Ellen Frankel Paul,Fred D. Miller (Jr.),Jeffrey Paul
Natural Law and Modern Moral Philosophy Volume 18 Social Philosophy and Policy Part 1 Book PDF

Author : Ellen Frankel Paul,Fred D. Miller (Jr.),Jeffrey Paul
Publisher : Cambridge University Press
Page : 282 pages
File Size : 53,9 Mb
Release : 2001-01-29
Category : Philosophy
ISBN : 0521794609

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Natural Law and Modern Moral Philosophy: Volume 18, Social Philosophy and Policy, Part 1 by Ellen Frankel Paul,Fred D. Miller (Jr.),Jeffrey Paul Pdf

The essays in this volume--written by academic lawyers as well as legal and moral philosophers--address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy. Some of the essays explore the implications that natural law theory has for jurisprudence, asking what natural law suggests about the use of legal devices such as constitutions and precedents. Other essays examine the connections between natural law and natural rights.

Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries

Anonim
Sacred Polities Natural Law and the Law of Nations in the 16th 17th Centuries Book PDF

Author : Anonim
Publisher : BRILL
Page : 361 pages
File Size : 54,5 Mb
Release : 2022-01-10
Category : Philosophy
ISBN : 9789004501782

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Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries by Anonim Pdf

A fresh look at the importance of natural and international law in the religious politics at the heartlands of the Reformation, from the Low Countries, the German principalities up to Transylvania; from Niels Hemmingsen to Gian Battista Vico; from religious reasons for the universalist claims of natural law to political arguments for the sacred polity, their tension and creative potential.

The Cambridge Companion to Natural Law Ethics

Tom Angier
The Cambridge Companion to Natural Law Ethics Book PDF

Author : Tom Angier
Publisher : Cambridge University Press
Page : 359 pages
File Size : 52,8 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.

Research Handbook on Natural Law Theory

Jonathan Crowe,Constance Youngwon Lee
Research Handbook on Natural Law Theory Book PDF

Author : Jonathan Crowe,Constance Youngwon Lee
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 42,7 Mb
Release : 2019
Category : Law
ISBN : 9781788110044

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Research Handbook on Natural Law Theory by Jonathan Crowe,Constance Youngwon Lee Pdf

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial; min-height: 11.0px} span.s1 {font: 10.0px Helvetica} This thought-provoking Research Handbook provides a snapshot of current research on natural law theory in ethics, politics and law, showcasing the breadth and diversity of contemporary natural law thought. The Research Handbook on Natural Law Theory examines topics such as foundational figures in Western natural law theory, natural law ideas in a variety of religious and cultural traditions, normative foundations of natural law, as well as issues of law and governance. Featuring contributions by leading international scholars, this Research Handbook offers a valuable resource for scholars in law, philosophy, religious studies and related fields.

Traditions of Natural Law in Medieval Philosophy

Dominic Farrell
Traditions of Natural Law in Medieval Philosophy Book PDF

Author : Dominic Farrell
Publisher : CUA Press
Page : 241 pages
File Size : 55,5 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.

Nature as Reason

Jean Porter
Nature as Reason Book PDF

Author : Jean Porter
Publisher : Wm. B. Eerdmans Publishing
Page : 440 pages
File Size : 54,8 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.

Reason, Religion, and Natural Law

Jonathan A. Jacobs
Reason Religion and Natural Law Book PDF

Author : Jonathan A. Jacobs
Publisher : Oxford University Press
Page : 304 pages
File Size : 41,7 Mb
Release : 2012-10-19
Category : Philosophy
ISBN : 9780199995929

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Reason, Religion, and Natural Law by Jonathan A. Jacobs Pdf

This edited volume examines the realizations between theological considerations and natural law theorizing, from Plato to Spinoza. Theological considerations have long had a pronounced role in Catholic natural law theories, but have not been as thoroughly examined from a wider perspective. The contributors to this volume take a more inclusive view of the relation between conceptions of natural law and theistic claims and principles. They do not jointly defend one particular thematic claim, but articulate diverse ways in which natural law has both been understood and related to theistic claims. In addition to exploring Plato and the Stoics, the volume also looks at medieval Jewish thought, the thought of Aquinas, Scotus, and Ockham, and the ways in which Spinoza's thought includes resonances of earlier views and intimations of later developments. Taken as a whole, these essays enlarge the scope of the discussion of natural law through study of how the naturalness of natural law has often been related to theses about the divine. The latter are often crucial elements of natural law theorizing, having an integral role in accounting for the metaethical status and ethical bindingness of natural law. At the same time, the question of the relation between natural law and God-and the relation between natural law and divine command-has been addressed in a multiplicity of ways by key figures throughout the history of natural law theorizing, and these essays accord them the explanatory significance they deserve.