Download or read book Natural Law and Modern Jurisprudence written by Joseph V. Dolan and published by . This book was released on 1960 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Law in Court written by R. H. Helmholz and published by Harvard University Press. This book was released on 2015-06-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.
Download or read book Natural Law and Laws of Nature in Early Modern Europe written by Michael Stolleis and published by Routledge. This book was released on 2016-04-22 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.
Download or read book Natural Law written by Alessandro Passerin d'Entrèves and published by Hutchinson. This book was released on 1970 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jurisprudence written by Robert L. Hayman and published by West Academic Publishing. This book was released on 2002 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.
Download or read book Natural Law written by Alexander Passerin d'Entreves and published by Routledge. This book was released on 2017-07-28 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book The Decline of Natural Law written by Stuart Banner and published by Oxford University Press. This book was released on 2021 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Defence of Natural Law written by Charles Covell and published by Springer. This book was released on 2016-07-27 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Defence of Natural Law comprises a study of the philosophies of law expounded by Lon L. Fuller, Michael Oakeshott, F.A. Hayek, Ronald Dworkin and John Finnis. The work of these theorists is situated in relation to the modern tradition in legal philosophy. In this way, it is demonstrated that the theorists adhered closely to the natural law standpoint in legal philosophy, while also defending the particular view of the proper functions of law and the state that distinguished the tradition of modern liberalism.
Download or read book The Natural Law Reader written by Jacqueline A. Laing and published by John Wiley & Sons. This book was released on 2013-09-23 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Aquinas and Modern Law written by James Bernard 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 Rethinking Natural Law written by Paulo Ferreira da Cunha and published by Springer Science & Business Media. This book was released on 2012-12-14 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real one(s). It seeks to understand not only the usual adversaries of natural law (like legalists, positivists and historicists) but also its further enemies, the inner enemies of natural law, such as internal aporias, political and ideological manipulations, etc. The book puts forward a reasoned and balanced examination of this treasure of western political and juridical though. And, if we look at it another way, natural law is by no means a loser in our times: because it lives in modern human rights.
Download or read book Natural Law and Modern Moral Philosophy Volume 18 Social Philosophy and Policy Part 1 written by Ellen Frankel Paul and published by Cambridge University Press. This book was released on 2001-01-29 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Natural Law and the Theory of Society 1500 to 1800 written by Otto Friedrich von Gierke and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Essays on Hellenistic Epistemology and Ethics written by Gisela Striker and published by Cambridge University Press. This book was released on 1996-06-13 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays focuses on key questions debated by Greek and Roman philosophers of the Hellenistic period.
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 The Theory of Justice written by Rudolf Stammler and published by . This book was released on 1925 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:
