Download or read book Origins of the Natural Law Tradition written by Arthur Leon Harding and published by . This book was released on 1971 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Origins of the Natural Law Tradition written by Robert N. Wilkin and published by . This book was released on 1954 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Origins of the Natural Law Tradition written by Robert N. Wilkin and published by . This book was released on 1954 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Origins of the Natural Law Tradition By Robert N Wilkin John S Marshall Thomas E Davitt A L Harding Edited with an Introduction by A L Harding written by Arthur Leon Harding and published by . This book was released on 1954 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Roman Law and the Origins of the Civil Law Tradition written by George Mousourakis and published by Springer. This book was released on 2014-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.
Download or read book The Invisible Origins of Legal Positivism written by W.E. Conklin and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.
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 Edmund Burke and the Natural Law written by Peter Stanlis and published by Routledge. This book was released on 2017-09-29 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today the idea of natural law as the basic ingredient in moral, legal, and political thought presents a challenge not faced for almost two hundred years. On the surface, there would appear to be little room in the contemporary world for a widespread belief in natural law. The basic philosophies of the opposition--the rationalism of the philosophes, the utilitarianism of Bentham, the materialism of Marx--appear to have made prior philosophies irrelevant. Yet these newer philosophies themselves have been overtaken by disillusionment born of conflicts between "might" and "right." Many thoughtful people who were loyal to secular belief have become dissatisfied with the lack of normative principles and have turned once more to natural law. This first book-length study of Edmund Burke and his philosophy, originally published in 1958, explores this intellectual giant's relationship to, and belief in, the natural law. It has long been thought that Edmund Burke was an enemy of the natural law, and was a proponent of conservative utilitarianism. Peter J. Stanlis shows that, on the contrary, Burke was one of the most eloquent and profound defenders of natural law morality and politics in Western civilization. A philosopher in the classical tradition of Aristotle and Cicero, and in the Scholastic tradition of Aquinas, Burke appealed to natural law in the political problems he encountered in American, Irish, Indian, and British affairs, and in reaction to the French Revolution. This book is as relevant today as it was when it was first published, and will be mandatory reading for students of philosophy, political science, law, and history.
Download or read book Natural Law Theory written by Tom Angier and published by Cambridge University Press. This book was released on 2021-09-16 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.
Download or read book Natural Rights Theories written by Richard Tuck and published by Cambridge University Press. This book was released on 1979 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The origins of natural rights theories in medieval Europe and their development in the seventeenth century.
Download or read book Natural Law and the Antislavery Constitutional Tradition written by Justin Buckley Dyer and published by Cambridge University Press. This book was released on 2012-02-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In Natural Law and the Antislavery Constitutional Tradition, Justin Buckley Dyer provides a succinct account of the development of American antislavery constitutionalism in the years preceding the Civil War. Within the context of recent revisionist scholarship, Dyer argues that the theoretical foundations of American constitutionalism - which he identifies with principles of natural law - were antagonistic to slavery. Still, the continued existence of slavery in the nineteenth century created a tension between practice and principle. In a series of case studies, Dyer reconstructs the constitutional arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln and Frederick Douglass, who collectively sought to overcome the legacy of slavery by emphasizing the natural law foundations of American constitutionalism. What emerges is a convoluted understanding of American constitutional development that challenges traditional narratives of linear progress while highlighting the centrality of natural law to America's greatest constitutional crisis.
Download or read book Aristotle and Natural Law written by Tony Burns and published by Bloomsbury Publishing. This book was released on 2011-10-27 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.
Download or read book Hayek and Natural Law written by Erik Angner and published by Routledge. This book was released on 2007-04-05 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a radical new reading of Hayek's life and work, this new book, by an important Hayekian scholar, dispels many of the mysteries surrounding one of the most prominent economists and political philosophers of the twentieth century.Angner argues that Hayek's work should be seen as continuous with the Natural Law tradition, going on to an
Download or read book The Natural Law Tradition and Belief written by David Ardagh and published by Nova Science Publishers. This book was released on 2019 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over twenty centuries, from ancient Greece the ideal of natural law has been appealed to in Western moral and legal philosophy as a grounding for ethics and jurisprudence, centered on capacities of a common "human nature". From the early medieval advent of "Christendom", it was embedded within theistic and religious systems for over a millennium, during which time it was treated as incomplete and part of an enveloping divine law of ethics. Modern agnosticism in theology, religion, and metaphysics then saw natural law unhitched from these associations, but it is still suspect due to its lingering ties with these disciplines and practices. It endured through its meta-ethical capacity to integrate changes in science with ethics via its central notion of wellbeing as the perfection of human nature, via access to "the highest good", however variously understood. Today, nature and human nature's wellbeing, are both endangered. Ecological destruction arising from unbridled growth, industrial pollution, nuclear weapons and mass population displacement though poverty and wars threaten humanity. But in terms of the meta-ethics of wellbeing, both the humanist normative ethics of natural law, and some of its enveloping theistic and religious divine law addenda, can be invoked to address such evils. The book aims to reinvigorate natural law as a unifying ethical organon for this purpose, showing that it can dialogue with its enveloping divine law "overlays" constructively, uncovering its points of essential unity with them, and generating some unified solutions to the global threats mentioned, like poverty. These are largely due to global injustices like tax evasion, the arms trade, and political corruption, which are better prevented by cooperatively agreed and enforced global ideals, norms, and laws, based on natural and divine law, grounding international laws rather than appealing to national norms and laws alone.
Download or read book The Natural Law Foundations of Modern Social Theory written by Daniel Chernilo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 social theory's universalistic orientation and explains its origins in natural law theory, using an impressive array of classical and contemporary sources that include, among others, Habermas, 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 defense of universalism for contemporary social theory will surely engage students of sociology, political theory and moral philosophy alike.
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.
