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 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 The Medieval Tradition of Natural Law written by Harold Joseph Johnson and published by Kalamazoo, Mich. : Medieval Institute Publications, Western Michigan University. This book was released on 1987 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on papers from sessions held at the International Congress on Medieval Studies in Kalamazoo, Mich. from 1979 to 1981.
Download or read book The Nature of Natural Philosophy in the Late Middle Ages Studies in Philosophy and the History of Philosophy Volume 52 written by Edward Grant and published by CUA Press. This book was released on 2010-04-05 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, distinguished scholar Edward Grant identifies the vital elements that contributed to the creation of a widespread interest in natural philosophy, which has been characterized as the "Great Mother of the Sciences."
Download or read book The Natural Law written by Heinrich Albert Rommen and published by . This book was released on 1998 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Heinrich A. Rommen (1897-1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
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 The Concept of Dharma in Medieval Hindu Legal Traditions with Thomas Aquinas Natural Law Philosophy written by Punsara Amarasinghe and published by GRIN Verlag. This book was released on 2017-09-18 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: This study intends to be a comparative analysis between two legal tradition which grew up in two different civilizations. The concept of Dharma in Medieval Hindu legal philosophy and Thomas Aquinas’ Natural Law theory have been taken into the comparison in this research as two great legal traditions which grew in the same period of middle age. This research has examined the salient features of natural law ascribed by concept of Dharma in medieval Hindu jurisprudence and how natural law was perceived by Aquinas in his legal philosophy which was aptly described in his master work “ Summa Theologiae”. Apart from mere analyzing facts this study further examines the affinities that existed between concept of Dharma and Aquinas’ theory of Natural Law.
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 Origins of the Natural Law Tradition written by Robert N. Wilkin and published by . This book was released on 2011-06-01 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Tradition of Natural Law written by Vulkan Kuic and published by . This book was released on 2022 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tradition of natural law is one of the foundations of Western civilization. At its heart is the conviction that there is an objective and universal justice which transcends humanity's particular expressions of justice. It asserts that there are certain ways of behaving which are appropriate to humanity simply by virtue of the fact that we are all human beings. Recent political debates indicate that it is not a tradition that has gone unchallenged: in fact, the opposition is as old as the tradition itself. By distinguishing between philosophy and ideology, by recalling the historical adventures of natural law, and by reviewing the theoretical problems involved in the doctrine, Simon clarifies much of the confusion surrounding this perennial debate. He tackles the questions raised by the application of natural law with skill and honesty as he faces the difficulties of the subject. Simon warns against undue optimism in a revival of interest in natural law and insists that the study of natural law beings with the analysis of "the law of the land." He writes not as a polemicist but as a philosopher, and he writes of natural law with the same force, conciseness, lucidity and simplicity which have distinguished all his other works.
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 Natural Law written by Alessandro Passerin d'Entrèves and published by . This book was released on 1951 with total page 136 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"--Google Books viewed May 18, 2021.
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 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 The Cambridge Companion to Medieval Ethics written by Thomas Williams and published by Cambridge University Press. This book was released on 2018-12-06 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers historical and topical chapters on the whole range of medieval ethical thought in Christian, Jewish, and Islamic philosophy.
Download or read book Proportionalism and the Natural Law Tradition written by Christopher Robert Kaczor and published by CUA Press. This book was released on 2002 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work argues against the plausibility against proportionalism and its first proponents, namely Peter Knauer, Joseph Fuchs, Louis Janssens, and Richard McCormick. Examining the genealogy of the movement, it disputes a received history that depicts proportionalism as a recovery of Thomas Aquinas.
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.
