Download or read book Aquinas and Modern Law written by JamesBernard Murphy and published by Routledge. This book was released on 2017-07-05 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects some of the best recent writings on St. Thomas‘s philosophy of law and includes a critical examination of Aquinas‘s theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights. The volume shows how Aquinas understood the importance of positive law and demonstrates the modern relevance of his writings by including Thomistic critiques of modern jurisprudence and examples of applications of Thomistic jurisprudence to specific modern legal problems such as federalism, environmental policy, abortion and euthanasia. The volume also features an introduction which places Aquinas‘s writings in the context of modern jurisprudence as well as an extensive bibliography. The volume is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries.
Download or read book St Thomas Aquinas and the Natural Law Tradition written by John Goyette and published by CUA Press. This book was released on 2004-09 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: To explore and evaluate the current revival, this volume brings together many of the foremost scholars on natural law. They examine the relation between Thomistic natural law and the larger philosophical and theological tradition. Furthermore, they assess the contemporary relevance of St. Thomas's natural law doctrine to current legal and political philosophy.
Download or read book The Architecture of Law written by Brian M. McCall and published by University of Notre Dame Pess. This book was released on 2018-05-30 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.
Download or read book The Cambridge Companion to Natural Law Jurisprudence written by George Duke and published by Cambridge University Press. This book was released on 2017-06-16 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.
Download or read book The Priority of Prudence written by Daniel Mark Nelson and published by Penn State University Press. This book was released on 1992 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Priority of Prudence, Daniel Mark Nelson proposes a reappropriation of a moral perspective that focuses on the cardinal virtues of courage, temperance, justice, and prudence. The study aims to recover and rehabilitate the virtue of prudence as a way of resuming a moral conversation that has been stalemated for too long. Nelson's main source for reviving the virtue of prudence is St. Thomas Aquinas's account of the cardinal virtues in the Summa Theologica. A primary problem with using Aquinas as a source for reviving an ethics of virtue centered on prudence is that he is commonly perceived as the most prominent figure in the conflicting natural-law tradition. According to Nelson's reinterpretation, however, Aquinas teaches that moral understanding depends first and foremost on prudence working in accord with other cardinal virtues and that natural law functions to explain moral reasoning rather than to guide it. This study serves to advance the debate about the contemporary relevance of an ethics of virtue by way of its significantly more detailed explication of prudence. Nelson makes important connections between influential reinterpretations of the ethical theory of Aquinas that have been published during the last thirty years and widespread interest in an ethics of virtue that has been expressed by Alasdair Maclntyre, Stanley Hauerwas, William Sullivan, Robert Bellah, and others. The Priority of Prudence represents a significant contribution to the scholarly literature both in the study of Aquinas and in the debate on the ethics of virtue.
Download or read book Aquinas and Modernity written by Shadia B. Drury and published by Rowman & Littlefield. This book was released on 2008 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this startling book, Drury overturns the long-standing reputation of Thomas Aquinas as the most moderate and rational exponent of the Christian faith. She reveals Aquinas to be one of the most zealous Dominicans (Domini Canes) or Hounds of the Lord--an ardent defender of papal supremacy, the Inquisition, and the persecution of Jews. Despite her unstinting criticism, Drury sets out to retrieve the rationalism and naturalism that Aquinas failed to reconcile with his faith.
Download or read book Commentary on Thomas Aquinas s Treatise on Divine Law written by J. Budziszewski and published by Cambridge University Press. This book was released on 2021-04-15 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: This close reading of Thomas Aquinas explores the relevance of the Divine Law to the modern world.
Download or read book Treatise on Law written by Saint Thomas (Aquinas) and published by . This book was released on 1969 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Reason and Natural Law written by James Carey and published by Wipf and Stock Publishers. This book was released on 2019-04-05 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Aquinas written by John Finnis and published by Oxford University Press, USA. This book was released on 1998 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Founders of Modern Political and Social Thought Series Editor: Dr Mark Philp, Oriel College, University of Oxford Founders of Modern Political and Social Thought present critical examinations of the work of major political philosophers and social theorists, assessing both their initial contribution and continuing relevance to politics and society. Each volume provides a clear, accessible, historically-informedaccount of each thinker's work, focusing on a re-assessment of their central ideas and arguments. Founders encourage scholars and students to link their study of classic texts to current debates in political philosophy and social theory. This launch volume in the Founders of Modern Political and Social Thought series presents a critical examination of Machiavelli's thought, combining an accessible, historically-informed account of his work with a re-assessment of his central ideas and arguments. Maurizio Viroli challenges theaccepted interpretations of Machiavelli's work, insisting that his republicanism was based not on a commitment to virtue, greatness, and expansion, but to the ideal of civic life protected by the shield of fair laws. His detailed study of how Machiavelli composed his famous work The Prince presentsnew interpretations, and he further argues that the most challengingand completely underestimatedaspect of Machiavelli's thought is his philosophy of life, in particular his conceptions of love, women, irony, God, and the human condition. Viroli demonstrates that Machiavelli composed The Prince,and all his works, according to the rules of classical rhetoric and never intended to found the 'modern science of politics', aiming rather to continue and refine the practice of political theorising as a rhetorical endeavour taught by the Roman masters of civic philosophy. Viroli's Machiavelli, aserious challenge to contemporary methods of doing political theory, will be essential for advanced students of the history of political thought.
Download or read book After the Natural Law written by John Lawrence Hill and published by Ignatius Press. This book was released on 2016 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Aquinas s Theory of Natural Law written by Anthony J. Lisska and published by Oxford University Press, USA. This book was released on 1996 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new critique of Aquinas's theory of natural law discusses the background of the theory in Aristotle and advances new interpretations of contemporary legal issues which hark back to Aquinas.
Download or read book Commentary on Thomas Aquinas s Treatise on Law written by J. Budziszewski and published by Cambridge University Press. This book was released on 2014-09-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural moral law stands at the center of Western ethics and jurisprudence and plays a leading role in interreligious dialogue. Although the greatest source of the classical natural law tradition is Thomas Aquinas's Treatise on Law, the Treatise is notoriously difficult, especially for nonspecialists. J. Budziszewski has made this formidable work luminous. This book - the first classically styled, line-by-line commentary on the Treatise in centuries - reaches out to philosophers, theologians, social scientists, students, and general readers alike. Budziszewski shows how the Treatise facilitates a dialogue between author and reader. Explaining and expanding upon the text in light of modern philosophical developments, he expounds this work of the great thinker not by diminishing his reasoning, but by amplifying it.
Download or read book Thomas Hobbes and the Natural Law written by Kody W. Cooper and published by University of Notre Dame Pess. This book was released on 2018-03-30 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Has Hobbesian moral and political theory been fundamentally misinterpreted by most of his readers? Since the criticism of John Bramhall, Hobbes has generally been regarded as advancing a moral and political theory that is antithetical to classical natural law theory. Kody W. Cooper challenges this traditional interpretation of Hobbes in Thomas Hobbes and the Natural Law. Hobbes affirms two essential theses of classical natural law theory: the capacity of practical reason to grasp intelligible goods or reasons for action and the legally binding character of the practical requirements essential to the pursuit of human flourishing. Hobbes’s novel contribution lies principally in his formulation of a thin theory of the good. This book seeks to prove that Hobbes has more in common with the Aristotelian-Thomistic tradition of natural law philosophy than has been recognized. According to Cooper, Hobbes affirms a realistic philosophy as well as biblical revelation as the ground of his philosophical-theological anthropology and his moral and civil science. In addition, Cooper contends that Hobbes's thought, although transformative in important ways, also has important structural continuities with the Aristotelian-Thomistic tradition of practical reason, theology, social ontology, and law. What emerges from this study is a nuanced assessment of Hobbes’s place in the natural law tradition as a formulator of natural law liberalism. This book will appeal to political theorists and philosophers and be of particular interest to Hobbes scholars and natural law theorists.
Download or read book Nature as Reason written by Jean Porter and published by Wm. B. Eerdmans Publishing. This book was released on 2005 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Augustine and Modern Law written by RichardO. Brooks and published by Routledge. This book was released on 2017-07-05 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: St. Augustine and Roman law are the two bridges from Athens and Jerusalem to the world of modern law. Augustine's almost eerily modern political realism was based upon his deep appreciation of human evil, arising from his insights into the human personality, the product of his reflections on his own life and the history of his times. These insights have traveled well through the ages and are mirrored in the pages of Aquinas, Luther and Calvin, Reinhold Niebuhr, and Hannah Arendt. The articles in this volume describe the life and world of Augustine and the ways in which he conceived both justice and law. They also discuss the little recognized Augustinian contributions to the field of modern hermeneutics - the discipline which informs the art of legal interpretation. Finally, they include Augustine's valuable discussion of church/state relations, the law of just wars, and proper role and limits of coercion, and the procreative dimensions of marriage. The volume also includes an extremely useful, definitive bibliography of Augustine and the law, and will leave readers with an increased appreciation of the contributions which Augustine has made to the history of jurisprudence. No one can read Augustine and these articles on his view of the law without taking away a new view of the law itself.
Download or read book God and the Natural Law written by Fulvio Di Blasi and published by . This book was released on 2006 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Translation of: Dio e la legge naturale: una rilettura di Tommaso d'Aquino.
