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 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 Natural Law and the Nature of Law written by Jonathan Crowe and published by Cambridge University Press. This book was released on 2019-04-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
Download or read book Natural Reason and Natural Law written by James Carey and published by Wipf and Stock Publishers. This book was released on 2019-04-05 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural law, according to Thomas Aquinas, has its foundation in the evidence and operation of natural, human reason. Its primary precepts are self-evident. Awareness of these precepts does not presuppose knowledge of, or even belief in, the existence of God. The most interesting criticisms of Thomas Aquinas’s natural-law teaching in modern times have been advanced by the political philosopher Leo Strauss and his followers. The purpose of this book is to show that these criticisms are based on misunderstandings and that they are inconclusive at best. Thomas Aquinas’s natural-law teaching is fully rational. It is accessible to man as man.
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 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: This book compares historical and modern natural law ideas across global Christian traditions and explores their use in church law.
Download or read book Psychology and the Natural Law of Reparation written by C. Fred Alford and published by Cambridge University Press. This book was released on 2006-05-15 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are there universal values of right and wrong, good and bad, shared by virtually every human? The tradition of natural law argues that there is. Drawing on the work of psychoanalyst Melanie Klein, whose analyses have touched upon issues related to original sin, trespass, guilt, and salvation through reparation, in this 2006 book C. Fred Alford adds an extra dimension to this argument: we know natural law to be true because we have hated before we have loved and have wished to destroy before we have wanted to create. Natural law is built upon the desire to make reparation for the goodness we have destroyed, or have longed to destroy. Through reparation, we earn salvation from the most hateful part of ourselves, that which would destroy what we know to be good.
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 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: Daniel Chernilo offers an original reconstruction of the history of universalism in modern social thought from Hobbes to Habermas.
Download or read book The Natural Law of Money written by William Brough and published by . This book was released on 1894 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Natural Law of Cycles written by James H. Bunn and published by Routledge. This book was released on 2017-07-28 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Natural Law of Cycles assembles scientific work from different disciplines to show how research on angular momentum and rotational symmetry can be used to develop a law of energy cycles as a local and global influence. Angular momentum regulates small-scale rotational cycles such as the swimming of fish in water, the running of animals on land, and the flight of birds in air. Also, it regulates large-scale rotation cycles such as global currents of wind and water.James H. Bunn introduces concepts of symmetry, balance, and angular momentum, showing how together they shape the mobile symmetries of animals. Chapter 1 studies the configurations of animals as they move in a head-first direction. Chapter 2 shows how sea animals follow currents and tides generated by the rotational cycles of the earth. In chapter 3, Bunn explores the biomechanical pace of walking as a partial cycle of rotating limbs. On a large scale, angular momentum governs balanced shifts in plate tectonics.Chapter 4 begins with an examination of rotational wind patterns in terms of the counter-balancing forces of angular momentum. The author shows how these winds augment the flights of birds during migrations. A final chapter centres on the conservation of energy as the most basic principle of science. Bunn argues that in the nineteenth century the unity of nature was seen in the emergent concept of energy, not matter, as the source of power, including the movements of animals and machines. In each chapter Bunn features environmental writers who celebrate mobile symmetries. This book will interest students, naturalists, and advocates of the environmental movement.
Download or read book Intractable Disputes about the Natural Law written by Lawrence Cunningham and published by . This book was released on 2009 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intractable moral disagreements / Alasdair MacIntyre -- Does the natural law provide a universally valid morality? / Jean Porter -- Moral disagreement and interreligious conversation : the penitential pace of understanding / David A. Clairmont -- Prophetic rhetoric and moral disagreement / M. Cathleen Kaveny -- After intractable moral disagreement : the Catholic roots of an ethic of political reconciliation / Daniel Philpott -- Moral disagreement and the limits of reason : refections on Macintyre and Ratzinger / Gerald McKenny -- Ultimate ends and incommensurable lives in Aristotle / Kevin L. Flannery -- The foundation of human rights and canon law / John J. Coughlin -- The fearful thoughts of mortals : Aquinas on confict, self-knowledge, and the virtues of practical reasoning / Thomas Hibbs -- From answers to questions : a response to the responses / Alasdair MacIntyre.
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 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 Laws and Lawmakers written by Marc Lange and published by Oxford University Press. This book was released on 2009-07-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: What distinguishes laws of nature from ordinary facts? What are the "lawmakers": the facts in virtue of which the laws are laws? How can laws be necessary, yet contingent? Lange provocatively argues that laws are distinguished by their necessity, which is grounded in primitive subjunctive facts, while also providing a non-technical and accessible survey of the field.
Download or read book Retrieving the Natural Law written by J. Daryl Charles and published by Wm. B. Eerdmans Publishing. This book was released on 2008-04-14 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: J. Daryl Charles argues that a traditional metaphysics of natural law lies at the heart of the present reconstructive project, and that a revival in natural-law thinking is of the highest priority for the Christian community as we contend in, rather than abdicate, the public square. Nowhere is this more on display than in the realm of bioethics, where the most basic moral questions--human personhood, human rights versus responsibilities, the reality of moral evil, the basis of civil society--are being debated. -- from publisher description.
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.
