The Foundations Of Natural Law

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The Foundations of Natural Morality

S. Adam Seagrave
The Foundations of Natural Morality Book PDF

Author : S. Adam Seagrave
Publisher : University of Chicago Press
Page : 185 pages
File Size : 40,6 Mb
Release : 2014-05-05
Category : Philosophy
ISBN : 9780226123578

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The Foundations of Natural Morality by S. Adam Seagrave Pdf

Recent years have seen a renaissance of interest in the relationship between natural law and natural rights. During this time, the concept of natural rights has served as a conceptual lightning rod, either strengthening or severing the bond between traditional natural law and contemporary human rights. Does the concept of natural rights have the natural law as its foundation or are the two ideas, as Leo Strauss argued, profoundly incompatible? With The Foundations of Natural Morality, S. Adam Seagrave addresses this controversy, offering an entirely new account of natural morality that compellingly unites the concepts of natural law and natural rights. Seagrave agrees with Strauss that the idea of natural rights is distinctly modern and does not derive from traditional natural law. Despite their historical distinctness, however, he argues that the two ideas are profoundly compatible and that the thought of John Locke and Thomas Aquinas provides the key to reconciling the two sides of this long-standing debate. In doing so, he lays out a coherent concept of natural morality that brings together thinkers from Plato and Aristotle to Hobbes and Locke, revealing the insights contained within these disparate accounts as well as their incompleteness when considered in isolation. Finally, he turns to an examination of contemporary issues, including health care, same-sex marriage, and the death penalty, showing how this new account of morality can open up a more fruitful debate.

Natural Law

Alberto M. Piedra
Natural Law Book PDF

Author : Alberto M. Piedra
Publisher : Lexington Books
Page : 219 pages
File Size : 49,6 Mb
Release : 2004-11-20
Category : Religion
ISBN : 9780739158074

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Natural Law by Alberto M. Piedra Pdf

Author Alberto M. Piedra lucidly illustrates the notion of 'natural law' through the examination of economic, social, political, and cultural issues. In this work Piedra draws on classical and Christian sources as well as his personal experience as an economist, diplomat, and lecturer on world politics to address philosophical views in a constructive and morally guided exegesis of natural law and economics. This innovative book shows the value of appeals to a governing, natural law and attendant principles such as the common good, subsidiarity, hierarchy, spiritual welfare, the reciprocity of freedom and authority, and the cultivation of personal moral and intellectual virtue. Natural Law will appeal to scholars, professionals, and others interested in the cultivation of personal moral and intellectual virtue.

Philosophical Foundations of the Nature of Law

Wil Waluchow,Stefan Sciaraffa
Philosophical Foundations of the Nature of Law Book PDF

Author : Wil Waluchow,Stefan Sciaraffa
Publisher : Oxford University Press
Page : 386 pages
File Size : 50,8 Mb
Release : 2013-03-14
Category : Law
ISBN : 9780199675517

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Philosophical Foundations of the Nature of Law by Wil Waluchow,Stefan Sciaraffa Pdf

This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights.

Essays in Legal and Moral Philosophy

H. Kelsen
Essays in Legal and Moral Philosophy Book PDF

Author : H. Kelsen
Publisher : Springer Science & Business Media
Page : 387 pages
File Size : 51,6 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789401026536

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Essays in Legal and Moral Philosophy by H. Kelsen Pdf

In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest. It is chiefly the topics of value-rela tivism and the logic of norms that have been kept in view. The selection has also been guided by the endeavour to reprint, so far as possible, texts which have not hitherto appeared in English. At times, however, this aim has had to be discarded, in order to include works of key im portance and also the latest expressions of Kelsen's view. In addition to the two topics already mentioned, the Editor has con sidered Kelsen's discussions of the causal principle to be so far worthy of philosophical attention, that some writings on causality and account ability have been included in this collection of philosophical studies. OTA WEINBERGER Hans Kelsen died on April 19th, 1973. Only his work now lives, for the inspiration of future generations of jurists and philosophers. Graz, 25th April, 1973 OT A WEINBERGER TRANSLATOR'S NOTE I am obliged to the Editor for his careful scrutiny of the translation, which has led to a number of corrections and improvements in the text.

Institutes of Divine Jurisprudence

Christian Thomasius
Institutes of Divine Jurisprudence Book PDF

Author : Christian Thomasius
Publisher : Natural Law and Enlightenment
Page : 0 pages
File Size : 50,5 Mb
Release : 2011
Category : Law
ISBN : 0865975183

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Institutes of Divine Jurisprudence by Christian Thomasius Pdf

Christian Thomasius's natural jurisprudence is essential to understanding the origins of the Enlightenment in Germany, where his importance was comparable to that of John Locke's in England. First published in 1688, Thomasius's Institutionum jurisprudentiae divinae (Institutes of Divine Jurisprudence) attempted to draw a clear distinction between natural and revealed law and to emphasize that human reason was able to know the precepts of natural law without the aid of Scripture. Thomasius also argued that his orthodox Lutheran opponents had failed to understand this distinction and thereby had confused reason and Scripture. In addition to the Institutes of Divine Jurisprudence, this volume contains significant selections from his Fundamenta juris naturae et gentium (Foundations of the Law of Nature and Nations), published in 1705. In Foundations Thomasius significantly revised the theory he had put forward in the Institutes, and much of the Foundations therefore is a paragraph-by-paragraph commentary on his earlier ideas. These works are a companion to Thomasius's Essays on Church, State, and Politics, and together they provide the first-ever English presentation of this preeminent German thinker.

Natural Law and the Nature of Law

Jonathan Crowe
Natural Law and the Nature of Law Book PDF

Author : Jonathan Crowe
Publisher : Cambridge University Press
Page : 275 pages
File Size : 42,8 Mb
Release : 2019-04-25
Category : History
ISBN : 9781108498302

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Natural Law and the Nature of Law by Jonathan Crowe Pdf

Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.

Natural Law and Thomistic Juridical Realism

Petar Popovic
Natural Law and Thomistic Juridical Realism Book PDF

Author : Petar Popovic
Publisher : CUA Press
Page : 328 pages
File Size : 46,8 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.

After the Natural Law

John Lawrence Hill
After the Natural Law Book PDF

Author : John Lawrence Hill
Publisher : Ignatius Press
Page : 312 pages
File Size : 50,5 Mb
Release : 2016
Category : Philosophy
ISBN : 9781621640172

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After the Natural Law by John Lawrence Hill Pdf

The "natural law" worldview developed over the course of almost two thousand years beginning with Plato and Aristotle and culminating with St. Thomas Aquinas in the thirteenth century. This tradition holds that the world is ordered, intelligible and good, that there are objective moral truths which we can know and that human beings can achieve true happiness only by following our inborn nature, which draws us toward our own perfection. Most accounts of the natural law are based on a God-centered understanding of the world. After the Natural Law traces this tradition from Plato and Aristotle to Thomas Aquinas and then describes how and why modern philosophers such as Descartes, Locke and Hobbes began to chip away at this foundation. The book argues that natural law is a necessary foundation for our most important moral and political values – freedom, human rights, equality, responsibility and human dignity, among others. Without a theory of natural law, these values lose their coherence: we literally cannot make sense of them given the assumptions of modern philosophy. Part I of the book traces the development of natural law theory from Plato and Aristotle through the crowning achievement of Thomas Aquinas. Part II explores how modern philosophers have systematically chipped away at the only coherent foundation for these values. As a result, our most important moral and political ideals today are incoherent. Modern political and moral thinkers have been led either to dilute the meaning of such terms as freedom or the moral good – or abandon these ideas altogether. Thus, modern philosophy and political thought are leading us either toward anarchy or totalitarianism. The conclusion, entitled "Why God Matters", shows how even the philosophical assumptions of the natural law depend on a personal God.

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 : 55,7 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.

The Natural Law Foundations of Modern Social Theory

Daniel Chernilo
The Natural Law Foundations of Modern Social Theory Book PDF

Author : Daniel Chernilo
Publisher : Cambridge University Press
Page : 0 pages
File Size : 47,9 Mb
Release : 2014-10-30
Category : Social Science
ISBN : 1107462789

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The Natural Law Foundations of Modern Social Theory by Daniel Chernilo Pdf

After several decades in which it became a prime target for critique, universalism remains one of the most important issues in social and political thought. Daniel Chernilo reassesses the universalistic orientation of social theory and explains its origins in natural law theory, using an impressive array of classical and contemporary sources that include, among others, Jürgen Habermas, Karl Löwith, Leo Strauss, Weber, Marx, Hegel, Rousseau and Hobbes. 'The Natural Law Foundations of Modern Social Theory' challenges previous accounts of the rise of social theory, recovers a strong idea of humanity and revisits conventional arguments on sociology's relationship to modernity, the Enlightenment and natural law. It reconnects social theory to its scientific and philosophical roots, its descriptive and normative tasks and its historical and systematic planes. Chernilo's defence of universalism for contemporary social theory will surely engage students of sociology, political theory and moral philosophy alike.

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 : 45,6 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.

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

Hans Willem Blom
Sacred Polities Natural Law and the Law of Nations in the 16th 17th Centuries Book PDF

Author : Hans Willem Blom
Publisher : History of European Political
Page : 364 pages
File Size : 49,5 Mb
Release : 2022
Category : Philosophy
ISBN : 9004498532

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

"Often considered a secularizing force in the rise of the nation state, natural law was called upon in the defence of the early-modern confessional states. The fourteen chapters of this volume show how religious and legal thought around natural and biblical law interacted and combined in the new Christian states of Lutheranism, Calvinism and Catholicism. The volume addresses also questions of political legitimacy, civic and ecclesiastical authority, societal stability, conceptions of common good, liberalism's value pluralism (and its pretence), toleration and the lingering humanist project of determining "who are we", issues that were then important as they are now. Contributors are: Dominique Bauer, Thomas Behme, Hans Blom, Jiří Chotaš, Alberto Clerici, Stefanie Ertz, Arthur Eyffinger, Heikki Haara, Mads Langballe Jensen, Adriana Luna-Fabritius, Denis Ramelet, József Simon, and Markus M. Totzeck"--

The Natural Law Reader

Jacqueline A. Laing,Russell Wilcox
The Natural Law Reader Book PDF

Author : Jacqueline A. Laing,Russell Wilcox
Publisher : John Wiley & Sons
Page : 468 pages
File Size : 52,9 Mb
Release : 2013-09-23
Category : Law
ISBN : 9781444333213

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The Natural Law Reader by Jacqueline A. Laing,Russell Wilcox Pdf

The Natural Law Reader features a selection of readings in metaphysics, jurisprudence, politics, and ethics that are all related to the classical Natural Law tradition in the modern world. Features a concise presentation of the natural law position that offers the reader a focal point for discussion of ancient and contemporary ideas in the natural law tradition Draws upon the metaphysical and ethical categories put forth and developed by Aristotle and Aquinas Points to the historical significance and contemporary relevance of the Natural Law tradition Reflects on a revival of interest in the tradition of virtue ethics and human rights

Natural Reason and Natural Law

James Carey
Natural Reason and Natural Law Book PDF

Author : James Carey
Publisher : Wipf and Stock Publishers
Page : 398 pages
File Size : 50,6 Mb
Release : 2019-04-05
Category : Philosophy
ISBN : 9781532657740

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Natural Reason and Natural Law by James Carey Pdf

Natural law, according to Thomas Aquinas, has its foundation in the evidence and operation of natural, human reason. Its primary precepts are self-evident. Awareness of these precepts does not presuppose knowledge of, or even belief in, the existence of God. The most interesting criticisms of Thomas Aquinas’s natural-law teaching in modern times have been advanced by the political philosopher Leo Strauss and his followers. The purpose of this book is to show that these criticisms are based on misunderstandings and that they are inconclusive at best. Thomas Aquinas’s natural-law teaching is fully rational. It is accessible to man as man.

Natural Moral Law in Contemporary Society

Holger Zaborowski
Natural Moral Law in Contemporary Society Book PDF

Author : Holger Zaborowski
Publisher : CUA Press
Page : 369 pages
File Size : 55,7 Mb
Release : 2010-08
Category : Law
ISBN : 9780813217864

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Natural Moral Law in Contemporary Society by Holger Zaborowski Pdf

The essays of this volume examine natural moral law, different natural law theories, and the role that natural law can and should play in our contemporary society