Download or read book Debating Medieval Natural Law written by Riccardo Saccenti and published by University of Notre Dame Pess. This book was released on 2016-10-15 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Debating Medieval Natural Law: A Survey, Riccardo Saccenti examines and evaluates the major lines of interpretation of the medieval concepts of natural rights and natural law within the twentieth and early twenty-first centuries and explains how the major historiographical interpretations of ius naturale and lex naturalis have changed. His bibliographical survey analyzes not only the chronological evolution of various interpretations of natural law but also how they differ, in an effort to shed light on the historical debate and on the medieval roots of modern human rights theories. Saccenti critically examines the historical analyses of the major historians of medieval political and legal thought while addressing how to further research on the subject. His perspective interlaces different disciplinary points of view: history of philosophy, as well as history of canon and civil law and history of theology. By focusing on a variety of disciplines, Saccenti creates an opportunity to evaluate each interpretation of medieval lex naturalis in terms of the area it enlightens and within specific cultural contexts. His survey is a basis for future studies concerning this topic and will be of interest to scholars of the history of law and, more generally, of the history of ideas in the twentieth century.
Download or read book Traditions of Natural Law in Medieval Philosophy written by Dominic Farrell and published by CUA Press. This book was released on 2022-07-08 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Idea of Natural Rights written by Brian Tierney and published by Wm. B. Eerdmans Publishing. This book was released on 2001 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This series, originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.
Download or read book A Comparative Analysis of Cicero and Aquinas written by Charles P. Nemeth and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Comparative Analysis of Cicero and Aquinas, Charles P. Nemeth investigates how, despite their differences, these two figures may be the most compatible brothers in ideas ever conceived in the theory of natural law. Looking to find common threads that run between the philosophies of these two great thinkers of the Classical and Medieval periods, this book aims to determine whether or not there exists a common ground whereby ethical debates and dilemmas can be evaluated. Does comparison between Cicero and Aquinas offer a new pathway for moral measure, based on defined and developed principles? Do they deliver certain moral and ethical principles for human life to which each agree? Instead of a polemical diatribe, comparison between Cicero and Aquinas may edify a method of compromise and afford a more or less restrictive series of judgements about ethical quandaries.
Download or read book Moral Dilemmas in Medieval Thought written by M. V. Dougherty and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dante and Violence written by Brenda Deen Schildgen and published by University of Notre Dame Pess. This book was released on 2021-04-15 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study explores how Dante represents violence in the Comedy and reveals the connection between contemporary private and public violence and civic and canon law violations. Although a number of articles have addressed particular aspects of violence in discrete parts of Dante’s oeuvre, a systematic treatment of violence in the Commedia is lacking. This ambitious overview of violence in Dante’s literary works and his world examines cases of violence in the domestic, communal, and cosmic spheres while taking into account medieval legal approaches to rights and human freedom that resonate with the economy of justice developed in the Commedia. Exploring medieval concerns with violence both in the home and in just war theory, as well as the Christian theology of the Incarnation and Redemption, Brenda Deen Schildgen examines violence in connection to the natural rights theory expounded by canon lawyers beginning in the twelfth century. Partially due to the increased attention to its Greco-Roman cultural legacy, the twelfth-century Renaissance produced a number of startling intellectual developments, including the emergence of codified canon law and a renewed interest in civil law based on Justinian’s sixth-century Corpus juris civilis. Schildgen argues that, in addition to “divine justice,” Dante explores how the human system of justice, as exemplified in both canon and civil law and based on natural law and legal concepts of human freedom, was consistently violated in the society of his era. At the same time, the redemptive violence of the Crucifixion, understood by Dante as the free act of God in choosing the Incarnation and death on the cross, provides the model for self-sacrifice for the communal good. This study, primarily focused on Dante’s representation of his contemporary reality, demonstrates that the punishments and rewards in Dante’s heaven and hell, while ostensibly a staging of his vision of eternal justice, may in fact be a direct appeal to his readers to recognize the crimes that pervade their own world. Dante and Violence will have a wide readership, including students and scholars of Dante, medieval culture, violence, and peace studies.
Download or read book Natural Law and Thomistic Juridical Realism written by Petar Popovic and published by CUA Press. This book was released on 2022-02-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Infidels and Empires in a New World Order written by David M. Lantigua and published by Cambridge University Press. This book was released on 2020-06-18 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines early modern Spanish contributions to international relations by focusing on ambivalence of natural rights in European colonial expansion to the Americas.
Download or read book Natural Law and Justice written by Lloyd L. Weinreb and published by Harvard University Press. This book was released on 1987 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Thomas Hobbes and the Debate over Natural Law and Religion written by Stephen A. State and published by Routledge. This book was released on 2013-07-18 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The argument laid out in this book discusses and interprets the work of Hobbes in relation to religion. It compares a traditional interpretation of Hobbes where Hobbes’ use of conventional terminology when talking about natural law is seen as ironic or merely convenient despite an atheist viewpoint, with the view that Hobbes’ morality is truly traditional and Christian. The book considers other thinkers of the age in tandem with Hobbes and discusses in detail his theology inspired by corporeal mechanics. The position is that there are significant senses in which Hobbes can be said to be a traditional natural law theorist.
Download or read book Knowing the Natural Law written by Steven J. Jensen and published by CUA Press. This book was released on 2015-03-26 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Knowing the Natural Law traces the thought of Aquinas from an understanding of human nature to a knowledge of the human good, from there to an account of ought-statements, and finally to choice, which issues in human actions. The much discussed article on the precepts of the natural law (I-II, 94, 2) provides the framework for a natural law rooted in human nature and in speculative knowledge. Practical knowledge is itself threefold: potentially practical knowledge, virtually practical knowledge, and fully practical knowledge.
Download or read book The Disfigured Face written by Luis Cortest and published by Fordham Univ Press. This book was released on 2008 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Most modern philosophers, by contrast, consider these two orders to be entirely separate. Here Luis Cortest shows how traditional natural law (the form Thomas Aquinas developed from classical and medieval sources) was transformed by thinkers like John Locke and Kant into a doctrine compatible with early modern and modern notions of nature and morality. In early modern Europe one of the first of the great debates about moral philosophy took place in sixteenth-century Spain, as a philosophical dispute concerning the humanity of the Native Americans. This foreshadowed debates in later centuries, which the author reevaluates in light of these earlier sources. The book also includes a close examination of the recent work of scholars like John Finnis and Brian Tierney, who argue that traditional natural law theorists were defenders of a doctrine of positive rights.
Download or read book Rights Laws and Infallibility in Medieval Thought written by Brian Tierney and published by Taylor & Francis. This book was released on 2024-10-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers collected in this volume fall into three main groups. Those in the first group are concerned with the origin and early development of the idea of natural rights. The author argues here that the idea first grew into existence in the writings of the 12th-century canonists. The articles in the second group discuss miscellaneous aspects of medieval law and political thought. They include an overview of modern work on late medieval canon law. The final group of articles is concerned with the history of papal infallibility, with especial reference to the tradition of Franciscan ecclesiology and the contributions of John Peter Olivi and William of Ockham.
Download or read book Medieval Canon Law written by James A. Brundage and published by Taylor & Francis. This book was released on 2022-08-05 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is impossible to understand how the medieval church functioned and, in turn, influenced the lay world within its care without understanding "canon law". This book examines its development from its beginnings to the end of the Middle Ages, updating its findings in light of recent scholarly trends. This second edition has been fully revised and updated by Melodie H. Eichbauer to include additional material on the early Middle Ages; the significance of the discovery of earlier versions of Gratian’s Decretum; and the new research into law emanating from secular authorities, councils, episcopal acta, and juridical commentary to rethink our understanding of the sources of law and canon law's place in medieval society. Separate chapters examine canon law in intellectual spaces; the canonical courts and their procedures; and, using the case studies of deviation from orthodoxy and marriage, canon law in the lives of people. The main body of the book concludes with the influence of canon law in Western society, but has been reworked by integrating sections cut from the first edition chapters on canon law in private and public life to highlight the importance of this field of research. Throughout the work and found in the bibliography are references to current literature and resources in order to make researching in the field more accessible. The first appendix provides examples of how canonical texts are cited while the second offers biographical notes on canonists featured in the work. The end result is a second edition that is significantly rewritten and updated but retains the spirit of Brundage’s original text. Covering all aspects of medieval canon law and its influence on medieval politics, society, and culture, this book provides students of medieval history with an accessible overview of this foundational aspect of medieval history.
Download or read book The Foundations of Natural Morality written by S. Adam Seagrave and published by University of Chicago Press. This book was released on 2014-05-05 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Christianity and Natural Law written by Norman Doe and published by Cambridge University Press. This book was released on 2017-07-20 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, natural law has played a pivotal role in Christian approaches to the law, and a contested role in legal philosophy generally. However, comparative study of natural law across global Christian traditions is largely neglected. This book provides not only the history of natural law ideas across mainstream Christian traditions worldwide, but also an ecumenical comparison of the contemporary natural law positions of different traditions. Its focus is not solely theoretical: it tests the practical utility of natural law by exploring its use in the legal systems of the churches studied. Alongside analysis of the assumptions underlying the concept, it also proposes a jurisprudence of Christian law itself. With chapters written by distinguished lawyers and theologians across the world, this book is designed for those studying and teaching law or theology, those who practice and study ecumenism, and those involved in the practice of church law.
Download or read book Indigenous Rights and the Legacies of the Bible written by Mark G. Brett and published by Oxford University Press. This book was released on 2024-07-09 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Christian imagination of colonial discovery permeated the early modern world, but legal histories developed in very different ways depending on imperial jurisdictions. Indigenous Rights and the Legacies of the Bible: From Moses to Mabo explores the contradictions and ironies that emerged in the interactions between biblical warrants and colonial theories of Indigenous natural rights. The early debates in the Americas mutated in the British colonies with a range of different outcomes after the American Revolution, and tracking the history of biblical interpretation provides an illuminating pathway through these historical complexities. A ground-breaking legal judgment in the High Court of Australia, Mabo v. Queensland (1992), demonstrates the enduring legacies of debates over the previous five centuries. The case reveals that the Australian colonies are the only jurisdiction of the English common law tradition within which no treaties were made with the First Nations. Instead, there is a peculiar development of terra nullius ideology, which can be traced back to the historic influences of the book of Genesis in Puritan thought in the seventeenth century. Having identified both similarities and differences between various colonial arguments, and their overt dependence on early modern theological reasoning, Mark G. Brett examines the paradoxical permutations of imperial and anti-imperial motifs in the biblical texts themselves. Concepts of rights shifted over the centuries from theological to secular frameworks, and more recently, from anthropocentric assumptions to ecologically embedded concepts of Indigenous rights and responsibilities. Bearing in mind the differences between ancient and modern notions of indigeneity, a fresh understanding of this history proves timely as settler colonial states reflect on the implications of the United Nations Declaration on the Rights of Indigenous Peoples (2007). Brett's illuminating insights in this detailed study are particularly relevant for the four states which initially voted against the Declaration: the USA, Canada, New Zealand, and Australia.
