A Critique of the New Natural Law Theory

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Author :
Publisher : University of Notre Dame Press
ISBN 13 :
Total Pages : 250 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis A Critique of the New Natural Law Theory by : Russell Hittinger

Download or read book A Critique of the New Natural Law Theory written by Russell Hittinger and published by University of Notre Dame Press. This book was released on 1987 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume Russell Hittinger presents a comprehensive and critical treatment of the attempt to restate and defend a theory of natural law, particularly as proposed by Germain Grisez and John Finnis. A Critique of the New Natural Law Theory begins by examining the positions of various moral philosophers such as Alasdair MacIntyre, Alan Donogan, Elizabeth Anscombe, and Stanley Hauerwas, who wish to recover particular facets of premodern ethics. Hittinger then explores the work of Grisez and Finnis, who claim to have recovered natural law in a manner that avoids the standard objections brought against it since the Enlightenment; they thus claim to have recovered natural law theory available once again for moral theology. Hittinger examines this new theory for internal coherence and consistency. In addition, he examines whether it is sufficiently comprehensive to explicate the religious, anthropological, and metaphysical questions that bear upon natural law ethics. He argues that the new natural law theory fails because it does not take into account philosophical anthropology and metaphysics. It cannot show how and why "nature" is normative for human activity. Hittinger concludes that if natural law theory is to be recovered, we must discover how to constructively bring theoretical rationality to bear upon ethics and practical rationality. Until this is done, he asserts, we will not have a defensible theory of natural law.

Knowing the Natural Law

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Publisher : CUA Press
ISBN 13 : 081322733X
Total Pages : 249 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis Knowing the Natural Law by : Steven J. Jensen

Download or read book Knowing the Natural Law written by Steven J. Jensen and published by CUA Press. This book was released on 2015-03-26 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Knowing the Natural Law traces the thought of Aquinas from an understanding of human nature to a knowledge of the human good, from there to an account of ought-statements, and finally to choice, which issues in human actions. The much discussed article on the precepts of the natural law (I-II, 94, 2) provides the framework for a natural law rooted in human nature and in speculative knowledge. Practical knowledge is itself threefold: potentially practical knowledge, virtually practical knowledge, and fully practical knowledge.

The Cambridge Companion to Natural Law Ethics

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Publisher : Cambridge University Press
ISBN 13 : 1108422632
Total Pages : 359 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Companion to Natural Law Ethics by : Tom Angier

Download or read book The Cambridge Companion to Natural Law Ethics written by Tom Angier and published by Cambridge University Press. This book was released on 2019-11-07 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.

Natural Law Theory

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Publisher : Cambridge University Press
ISBN 13 : 1108586392
Total Pages : 118 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Natural Law Theory by : Tom Angier

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.

Natural Law and the Nature of Law

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Publisher : Cambridge University Press
ISBN 13 : 1108498302
Total Pages : 275 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Natural Law and the Nature of Law by : Jonathan Crowe

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.

The Problem of Natural Law

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Publisher : Lexington Books
ISBN 13 : 9780739120378
Total Pages : 218 pages
Book Rating : 4.1/5 (23 download)

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Book Synopsis The Problem of Natural Law by : Douglas Kries

Download or read book The Problem of Natural Law written by Douglas Kries and published by Lexington Books. This book was released on 2008 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Problem of Natural Law examines the understanding of conscience offered by Thomas Aquinas, who provided the classic statement of natural law. The book suggests that natural law theory could be improved by bracketing Thomistic conscience and then shows how a natural law pos...

The Unnecessary Science

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Publisher :
ISBN 13 : 9780993510267
Total Pages : 376 pages
Book Rating : 4.5/5 (12 download)

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Book Synopsis The Unnecessary Science by : Gunther Laird

Download or read book The Unnecessary Science written by Gunther Laird and published by . This book was released on 2020-07-24 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Thomas Hobbes and the Natural Law

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Publisher : University of Notre Dame Pess
ISBN 13 : 0268103046
Total Pages : 413 pages
Book Rating : 4.2/5 (681 download)

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Book Synopsis Thomas Hobbes and the Natural Law by : Kody W. Cooper

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.

The Revival of Natural Law

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Publisher : Routledge
ISBN 13 : 1351882856
Total Pages : 447 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis The Revival of Natural Law by : Nigel Biggar

Download or read book The Revival of Natural Law written by Nigel Biggar and published by Routledge. This book was released on 2017-03-02 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural law theory has been enjoying a significant revival in recent times. Led by Germain Grisez in the USA and John Finnis in the UK, one school of thinkers has been articulating a highly developed system of natural law built upon a sophisticated account of practical reasoning and a rich and flexible understanding of the human good. However, long-standing prejudices against old-style natural law among moral philosophers and Protestant ethicists, together with the new theory's appropriation by conservatives in the impassioned debate between the Vatican and dissenting theologians in the United States, have prevented the Finnis-Grisez version from being adequately appreciated. Providing a clear and substantive introduction to the theory for those who are new to it, this book then broadens, assesses, and advances the debate about it, examining crucial philosophical, theological and ethical issues and opening up discussion beyond the confines of the Roman Catholic Church. Part 1, on philosophical issues, starts with two broad chapters that locate the Grisez school in relation to modern moral philosophy and the Roman Catholic philosophical tradition of Thomism, and then follows these with further chapters on two crucial issues: the possibility of consensus on the human good, and the nature of moral absolutes. Part 2, on theological dimensions, begins with a Lutheran critique of Grisez, locates him in relation to the ethics of two very prominent 20th century Protestants, Karl Barth and Stanley Hauerwas, and then explores the major area of theological controversy within the Roman Catholic community - how to conceive of the "Church's" authority with regard to moral matters. Part 3 subjects the school's thought to critical examination in a broad range of ethical fields: bioethics, gender, sex and the environment. A concluding chapter then develops eight topics that recur in the course of the book: the status of ethical realism in the contemporary intellectual climate; whether realism is best conceived in rationalist or naturalist terms; whether marriage should be counted as a basic good; whether physical pleasure should not be counted a basic good; whether it is always wrong to act deliberately against a basic good; the problems of moral certainty and authority; the rapproachement between Protestant and Roman Catholic ethics; and, finally, whether ethical understanding is really independent of one's anthropological point of view. Drawing together North American, European and Australian contributors from across moral philosophy and Protestant ethics as well as from Roman Catholic moral theology, this book opens up the debate about the Finnis-Grisez theory, highlighting its strengths and weaknesses in order to advance current discussion about natural law in moral theology and in moral and legal philosophy.

Natural Law and Moral Inquiry

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Publisher : Georgetown University Press
ISBN 13 : 9781589013803
Total Pages : 302 pages
Book Rating : 4.0/5 (138 download)

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Book Synopsis Natural Law and Moral Inquiry by : Robert P. George

Download or read book Natural Law and Moral Inquiry written by Robert P. George and published by Georgetown University Press. This book was released on 1998-03-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germain Grisez has been a leading voice in moral philosophy and theology since the Second Vatican Council. In this book, such major thinkers as John Finnis, Ralph McInerny, and William E. May consider issues in ethics, metaphysics, and politics that have been central to Grisez's work. Grisez's reconsideration of the philosophical foundations of Christian moral teaching, seeking to eliminate both legalistic interpretation and theological dissent, has won the support of a number of leading Catholic moralists. In the past decade, moreover, many philosophers outside of Catholicism have weighed carefully Grisez's alternatives to theories that have long dominated secular moral philosophy. This book presents a broad spectrum of viewpoints on subjects ranging from contraception to capital punishment and considers such controversies as the scriptural basis of Grisez's work his interpretations of Aquinas, and his new natural law theory. The collection includes not only contributions from Grisez's supporters but also from critics of his thought, from proportionalist Edward Collins Vacek, SJ, to the neo-Thomist Ralph McInerny. A reply by Grisez, written with Joseph M. Boyle Jr., addresses the issues and viewpoints expressed, while an afterword by Russell Shaw reviews Grisez's pioneering work and conveys a vivid sense of the philosopher's personality. As Grisez's influence grows, this volume will serve as an important touchstone on his contributions to moral and political philosophy and theology.

Fundamentals of Ethics

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Publisher : Georgetown University Press
ISBN 13 : 9780878404087
Total Pages : 182 pages
Book Rating : 4.4/5 (4 download)

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Book Synopsis Fundamentals of Ethics by : John Finnis

Download or read book Fundamentals of Ethics written by John Finnis and published by Georgetown University Press. This book was released on 1983 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are we entitled to be confident that our moral judgements can be objective? Can they express insights into aspects of reality, rather than mere feelings, tastes, desires, decisions, upbringing, or conventions? Why must we consider some of our choices to be free, and how do our free choices matter? How far should our moral judgements be based on assessments of expected consequences? Can utilitarianism, and other consequentialist or proportionalist theories, be anything more than the rationalization of positions taken on other grounds? The main theme of this book is the challenge to ethics from philosophical scepticism and from contemporary forms of consequentialism. But in seeking to meet this challenge, the book develops a sustained philosophical argument about many of the central questions of ethics. It reviews classical positions, and challenges some long-influential interpretations of those positions. It also reviews and participates in some recent developments and controversies in Anglo-American ethical theory. The activity of ethical theorizing itself is shown to be a matter of free and intelligent decision, in pursuit of intelligible good; it thus provides a test-case for any ethical theory.

Natural Law in Court

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Publisher : Harvard University Press
ISBN 13 : 0674504615
Total Pages : 285 pages
Book Rating : 4.6/5 (745 download)

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Book Synopsis Natural Law in Court by : R. H. Helmholz

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.

Natural Law Ethics in Theory and Practice

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Publisher :
ISBN 13 : 0813232953
Total Pages : 377 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis Natural Law Ethics in Theory and Practice by : John Liptay

Download or read book Natural Law Ethics in Theory and Practice written by John Liptay and published by . This book was released on 2020 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume presents a selection of previously published essays by Joseph Boyle, a crucial contributor to 20th century Catholic moral philosophy through his development of the New Classical Natural Law Theory"--

The Role of Natural Law in Civic Government

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Publisher :
ISBN 13 :
Total Pages : 114 pages
Book Rating : 4.:/5 (66 download)

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Book Synopsis The Role of Natural Law in Civic Government by : John Conor Gallagher

Download or read book The Role of Natural Law in Civic Government written by John Conor Gallagher and published by . This book was released on 2005 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The First Grace

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Publisher : Simon and Schuster
ISBN 13 : 1684516188
Total Pages : 386 pages
Book Rating : 4.6/5 (845 download)

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Book Synopsis The First Grace by : Russell Hittinger

Download or read book The First Grace written by Russell Hittinger and published by Simon and Schuster. This book was released on 2023-04-04 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last two decades or so have seen a marked resurgence of interest in natural law thought, a movement in which Russell Hittinger has been a major figure. The First Grace: Rediscovering the Natural Law in a Post-Christian World reveals the power and subtlety of Hittinger's philosophical work and cultural criticism. Whether discussing the nature of liberalism, the constitutional and moral problems posed by judicial usurpation, or the dangers of technology, Hittinger convincingly demonstrates that in our post-Christian world it is more crucial than ever that we recover older, wiser notions of the concepts of freedom and law - and that we see that to place these two concepts in opposition is to misunderstand both profoundly.

How Hume and Kant Reconstruct Natural Law

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Publisher : Oxford University Press
ISBN 13 : 0191064122
Total Pages : 286 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis How Hume and Kant Reconstruct Natural Law by : Kenneth R. Westphal

Download or read book How Hume and Kant Reconstruct Natural Law written by Kenneth R. Westphal and published by Oxford University Press. This book was released on 2016-04-07 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kenneth R. Westphal presents an original interpretation of Hume's and Kant's moral philosophies, the differences between which are prominent in current philosophical accounts. Westphal argues that focussing on these differences, however, occludes a decisive, shared achievement: a distinctive constructivist method to identify basic moral principles and to justify their strict objectivity, without invoking moral realism nor moral anti-realism or irrealism. Their constructivism is based on Hume's key insight that 'though the laws of justice are artificial, they are not arbitrary'. Arbitrariness in basic moral principles is avoided by starting with fundamental problems of social coördination which concern outward behaviour and physiological needs; basic principles of justice are artificial because solving those problems does not require appeal to moral realism (nor to moral anti-realism). Instead, moral cognitivism is preserved by identifying sufficient justifying reasons, which can be addressed to all parties, for the minimum sufficient legitimate principles and institutions required to provide and protect basic forms of social coördination (including verbal behaviour). Hume first develops this kind of constructivism for basic property rights and for government. Kant greatly refines Hume's construction of justice within his 'metaphysical principles of justice', whilst preserving the core model of Hume's innovative constructivism. Hume's and Kant's constructivism avoids the conventionalist and relativist tendencies latent if not explicit in contemporary forms of moral constructivism.

A Comparative Analysis of Cicero and Aquinas

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Publisher : Bloomsbury Publishing
ISBN 13 : 1350009474
Total Pages : 279 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis A Comparative Analysis of Cicero and Aquinas by : Charles P. Nemeth

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.