Download or read book Natural Law and Legal Practice written by René Isidore Holaind and published by . This book was released on 1899 with total page 368 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 Common Law and Natural Law in America written by Andrew Forsyth and published by Cambridge University Press. This book was released on 2019-04-11 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Download or read book Ministers of the Law written by Jean Porter and published by Wm. B. Eerdmans Publishing. This book was released on 2010-10-21 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Ministers of the Law Jean Porter articulates a theory of legal authority derived from the natural law tradition. As she points out, the legal authority of most traditions rests on their own internal structures, independent of extralegal considerations -- legal houses built on sand, as it were. Natural law tradition, on the other hand, offers a basis for legal authority that goes beyond mere arbitrary commands or social conventions, offering some extralegal authority without compromising the independence and integrity of the law. Yet Porter does more in this volume than simply discuss historical and theoretical realms of natural law. She carries the theory into application to contemporary legal issues, bringing objective normative structures to contemporary Western societies suspicious of such concepts.
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 Natural Law and Legal Practice written by and published by . This book was released on 1899 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Law written by Alessandro Passerin d'Entrèves and published by . This book was released on 1960 with total page 134 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 The Natural Law written by Heinrich Albert Rommen and published by . This book was released on 1998 with total page 0 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. Beginning with the legacies of Greek and Roman life and thought, Rommen traces the natural law tradition to its displacement by legal positivism and concludes with what the author calls "the reappearance" of natural law thought in more recent times. In seven chapters each Rommen explores "The History of the Idea of Natural Law" and "The Philosophy and Content of the Natural Law." In his introduction, Russell Hittinger places Rommen's work in the context of contemporary debate on the relevance of natural law to philosophical inquiry and constitutional interpretation. Heinrich 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.
Download or read book Natural Law and Legal Practice written by Rene Isidore Holaind and published by Palala Press. This book was released on 2016-05-09 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Natural Law and the Legal Profession written by Catholic Lawyers' Guild of Chicago and published by . This book was released on 1950 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Decline of Natural Law written by Stuart Banner and published by Oxford University Press. This book was released on 2021-04-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation. Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer's toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead. In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century's most contested legal issues. And finally, he describes both the profession's rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law. The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.
Download or read book Natural Law and Legal Practice Lectures Delivered at the Law School of Georgetown University written by Holaind and published by . This book was released on 1899 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Law written by Ben Wood Johnson and published by Eduka Solutions. This book was released on 2017-06-06 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural Law: Morality and Obedience This short opus is part of a collection of a larger body of work, which are dedicated to the subject of law or legal obligation. This installment focuses on natural law. The goal here is to elucidate the essentiality of citizen obedience. Another goal here is to make the case that, while in theory the notion of natural law seems to contradict the concept known as positive law, when it comes to legal obligation (in practice of course), any distinction, if it were to exist at all, is negligible. This text examines the degree to which natural law (as presently understood) could explicate the reason people may feel obligated to obey laws. The book further explores the rationale for legal obedience in terms of morality and reason. It examines popular legal precepts, notably positive law and other doctrines related to natural law. The arguments echoed throughout the text are unique. But it is important to point out that a full appreciation of the notion of Natural Law may require some anterior understanding about the concept of Legal Theory. I encourage you to keep a positive outlook as you navigate the manuscript.
Download or read book The Natural Law and the Legal Profession written by Catholic Lawyers Guild of Chicago and published by Hassell Street Press. This book was released on 2021-09-09 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Rise and Fall of Natural Law written by Friedrich Julius Stahl and published by WordBridge Publishing. This book was released on 2020-03-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our age is characterized by radical subjectivism. Which is to say: There is no agreement on any absolute standard of value. Indeed, there is no agreement even on truth itself. And as a matter of fact, the very concept of objective, absolute truth has been cast aside in favor of “truths” – your truth, my truth, whoever’s truth. The result is the abandonment of the pursuit of truth at all, in favor of convictions, emotional appeals in favor of those convictions, and the pursuit of political power to put those convictions in practice. This state of affairs will come as no surprise to those, like Friedrich Julius Stahl, who track the way people think, who know that ideas have consequences and that thought eventually feeds into practice. This is especially the case with legal philosophy. Here is where theory and practice confront each other, where the rubber meets the road. And the history of legal philosophy is the history of ideas having consequences. This history can tell us a great deal about how we arrived at the current state of affairs. When we look at it, we find that the key player in this history is natural law. Once the mainstay of ethical and legal discourse, it is now a forgotten relic. But natural law paved the way for the triumph of subjectivism in the modern world. A strange thing, considering that natural law was supposed to embody an objective standard for judging man-made law. It ended up eliminating that standard. How this came about is the burden of The Rise and Fall of Natural Law. Natural law was born of the Greeks and Romans, adopted by the Christian church, and converted into the bulwark of Christian ethical and legal science. But along the way it became disengaged from the church; and when it did, it played a central role in secularizing Western civilization. Stahl follows this career, from its start in classical antiquity, through to its incorporation in the scholasticism of the Middle Ages, to its secularized versions in the Enlightenment, and culminating in the philosophy of Rousseau and the hard reality of the French Revolution. The subjectivist turn is especially emphasized in the work of Johann Gottlieb Fichte, whose focus on enthusiastic conviction and the primacy of the subject makes him the prophet of the modern world. Although Fichte wrote at the turn of the 19th century, it is in our day that his orientation has triumphed. His story, and the stories of those leading up to him – the leading characters in “the Rise and Fall of Natural Law” – are crucial to understanding the genesis of the modern world.
Download or read book Philosophical Foundations of the Nature of Law written by Wil Waluchow and published by OUP Oxford. This book was released on 2013-03-14 with total page 1398 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy. The volume covers four broad themes. The essays within the first theme address and develop the traditional debates between legal positivism, natural law theory, and Dworkinian interpretivism. Papers within the second theme focus on the power of coercion, often overlooked in contemporary legal philosophy. The third set of papers addresses the aims and methods of legal theory, and the role of conceptual analysis. The final section explores new methods and issues in the subject, and offers fresh starting points for future work in the field. Gathering many leading and up-and-coming writers in the subject, the volume offers a snapshot of the best current work in general jurisprudence.
