The Decline Of Natural Law

Author : Stuart Banner
Publisher : Oxford University Press
Page : 265 pages
File Size : 43,5 Mb
Release : 2021
Category : Common law
ISBN : 9780197556498

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The Decline of Natural Law by Stuart Banner Pdf

The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.

Author : R. H. Helmholz
Publisher : Harvard University Press
Page : 246 pages
File Size : 53,8 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 : Benjamin Fletcher Wright
Publisher : Routledge
Page : 274 pages
File Size : 48,9 Mb
Release : 2017-07-05
Category : Philosophy
ISBN : 9781351532662

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American Interpretations of Natural Law by Benjamin Fletcher Wright Pdf

This book illustrates the deep roots of natural law doctrines in America's political culture. Originally published in 1931, the volume shows that American interpretations of natural law go to the philosophical heart of the American regime. The Declaration of Independence is the preeminent example of natural law in American political thoughtit is the self-evident truth of American society.Benjamin Wright proposes that the decline of natural law as a guiding factor in American political behaviour is inevitable as America's democracy matures and broadens. What Wright also chronicled, inadvertently, was how the progressive critique of natural law has opened a rift between and among some of the ruling elites and large numbers of Americans who continue to accept it. Progressive elites who reject natural law do not share the same political culture as many of their fellow citizens.Wright's work is important because, as Leo Strauss and others have observed, the decline of natural law is a development that has not had a happy ending in other societies in the twentieth century. There is no reason to believe it will be different in the United States.

Author : Nigel E. Simmonds
Publisher : Manchester University Press
Page : 152 pages
File Size : 40,7 Mb
Release : 1984
Category : Jurisprudence
ISBN : 0719010896

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The Decline of Juridical Reason by Nigel E. Simmonds Pdf

Author : Alessandro Passerin d'Entrèves
Publisher : Hutchinson
Page : 216 pages
File Size : 54,9 Mb
Release : 1970
Category : Law
ISBN : UCAL:B4372878

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Natural Law by Alessandro Passerin d'Entrèves Pdf

Author : Howard P. Kainz
Publisher : Open Court Publishing
Page : 172 pages
File Size : 43,8 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.

Author : Roger B. M. Cotterrell
Publisher : University of Pennsylvania Press
Page : 300 pages
File Size : 45,7 Mb
Release : 1992
Category : Law
ISBN : 0812213939

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The Politics of Jurisprudence by Roger B. M. Cotterrell Pdf

Selected byChoice magazine as an Outstanding Academic Title

Author : Alexander Passerin d'Entreves
Publisher : Routledge
Page : 289 pages
File Size : 40,9 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 : Lloyd L. Weinreb
Publisher : Harvard University Press
Page : 340 pages
File Size : 42,8 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 : Robert P. George
Publisher : Oxford University Press
Page : 388 pages
File Size : 41,8 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 : Christopher Wolfe,Steven Brust
Publisher : Rowman & Littlefield
Page : 188 pages
File Size : 55,7 Mb
Release : 2018-10-15
Category : Philosophy
ISBN : 9781498576437

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Natural Law Today by Christopher Wolfe,Steven Brust Pdf

Natural Law Today: The Present State of the Perennial Philosophy explains and defends various aspects of traditional natural law ethical theory, which is rooted in a broad understanding of human nature. Some of the issues touched upon include the relation of natural law to speculative reason and human ends (teleology), the relationship between natural law and natural theology, the so-called naturalistic fallacy (deriving “ought” from “is”), and the scope of natural knowledge of the precepts of the natural law, as well as possible limits on it. It also takes up certain historical and contemporary questions, such as the various stances of Protestant thinkers toward natural law, the place of natural law in contemporary U.S. legal thought, and the relationship between natural law and liberal political thought more generally. It brings together a number of the leading exponents of a more traditional or classical form of natural law thought, who claim to root their arguments within the broader philosophy of Thomas Aquinas more deeply than other major representatives of the natural law tradition today.

Author : Dr Ana Marta González
Publisher : Ashgate Publishing, Ltd.
Page : 338 pages
File Size : 53,8 Mb
Release : 2012-10-01
Category : Philosophy
ISBN : 9781409485667

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Contemporary Perspectives on Natural Law by Dr 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.

Author : Jonathan Crowe,Constance Youngwon Lee
Publisher : Edward Elgar Publishing
Page : 464 pages
File Size : 54,7 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.

Author : Otto Friedrich von Gierke,Ernst Troeltsch
Publisher : The Lawbook Exchange, Ltd.
Page : 518 pages
File Size : 53,6 Mb
Release : 2001
Category : Natural law
ISBN : 9781584771494

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Natural Law and the Theory of Society, 1500 to 1800 by Otto Friedrich von Gierke,Ernst Troeltsch Pdf

Gierke, Otto. Natural Law and the Theory of Society 1500 to 1800. With a Lecture on the Ideas of Natural Law and Humanity by Ernst Troeltsch. Translated with an Introduction by Ernest Barker. Complete in one volume. Cambridge: The University Press, 1950. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 2001016483. ISBN 1-58477-149-6. Cloth. $110. * Reprint complete in one volume that contains "an English translation of five sections of the fourth volume of Otto von Gierke's magisterial treatise on the history of the German law of associations. When this edition was published, all competent students of the history of jurisprudence and political thought at once recognized that Professor Barker had made a very important contribution to the literature of these fields, none the less so because of the elaborate and learned Introduction which he himself had contributed." C.J. Friedrich, Harv. L. Rev. 49:677-680 cited in Marke, Catalogue of the Law Collection at New York University 938. Gierke [1841-1921], an important German jurist, is widely considered to be a founder of modern German constitutional law.

Author : Franziska Quabeck
Publisher : LIT Verlag Münster
Page : 107 pages
File Size : 40,8 Mb
Release : 2013
Category : Law
ISBN : 9783643903228

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John Locke's Concept of Natural Law from the Essays on the Law of Nature to the Second Treatise of Government by Franziska Quabeck Pdf

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)