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Aquinas And The Supreme Court
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Book Synopsis Aquinas and the Supreme Court by : Eugene F. Rogers, Jr.
Download or read book Aquinas and the Supreme Court written by Eugene F. Rogers, Jr. and published by John Wiley & Sons. This book was released on 2013-02-26 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work clarifies Aquinas’ concept of natural law through his biblical commentaries, and explores its applications to U.S. constitutional law. The first time the use of Aquinas on the U.S. Supreme Court has been explored in depth, and its applications tested through a rigorous reading of the biblical commentaries Shows how key judgments in the Supreme Court have rested on medieval natural law, and applies critical gender theory to discuss problems with these applications Offers new research data to give a different picture of Aquinas and natural law, and a fresh take on Aquinas’ biblical commentaries New research based on passages in the biblical commentaries never before available in English
Book Synopsis Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade by : Charles P. Nemeth
Download or read book Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade written by Charles P. Nemeth and published by Anthem Press. This book was released on 2020-02-20 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that the natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in “Natural Law and the US Supreme Court since Roe v. Wade” and by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
Book Synopsis The Kiss of Judice: The Constitution Betrayed by : Judge Douglass H. Bartley
Download or read book The Kiss of Judice: The Constitution Betrayed written by Judge Douglass H. Bartley and published by Judge Douglass H. Bartley. This book was released on 2011-01-05 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is the first of a multi-volume treatise. In addition to a Prologue, this volume covers the Constitution's Natural Rights Pedigree, its Preamble, and the (very-limited) Federal Legislative Powers and Federal Executive Powers it grants. The volume is styled, The Kiss of Judice: The Constitution Betrayed—A Coroner's Inquest and Report. “Judice”, Latin, a pun, means “pertaining to judges”; thus denoting the judicial, Judas-like betrayal of the Constitution. “Coroner's Inquest” denotes that the work is a study into the death of the Constitution. Your author is the Coroner. He proceeds in the Inquest with the aid of his Coroner's Jury: Jefferson, Madison, Hamilton, Story, Locke, and Blackstone. The work, at least in this volume, is a dialogue between the Coroner and his jury on the various parts of the Constitution covered. The jury members answer the Coroner's questions, for the most part in their own words, drawn from a variety of their written works. Occasionally the Coroner puts words in their mouths; those “inventions” are shown in brackets in the jurors' answers. The work is novel, because, to the author's knowledge, it is the only “Constitutional Law” textbook that collects the wisdom of the framers as the Constitution's only authoritative sources; it does not, as most Constitutional Law texts do, emphasize court cases as constitutional authority, for more often than not, the courts have only warped the Constitution. In a broader sense, though, the work is not novel, for it's only an arrangement of the work already done by the jurors. The author is pleased to say that the work, by and large, is not original thought. Its beauty is that it only revives long-forgotten constitutional “discoveries” as set in the words of the main jurors and some others within “interviewed”.Note to purchasers: For updates to the manuscript, check "Pastoral Republican" @ http://douglassbartley.wordpress.com/.
Book Synopsis 50 Questions on the Natural Law by : Charles E. Rice
Download or read book 50 Questions on the Natural Law written by Charles E. Rice and published by Ignatius Press. This book was released on 1999 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charles Rice, professor of the jurisprudence of St. Thomas Aquinas for the last twenty years at Notre Dame Law School, presents a very readable book on the natural law as seen through the teachings of Aquinas and their foundations in reason and Revelation. Reflecting on the most persistent questions asked by his students over the years, Rice shows how the natural law works and how it is rooted in the nature of the human person whose Creator provided this law as a sure and knowable guide for man to achieve his end of eternal happiness. This book presents the teachings of the Catholic Church in her role as arbiter of the applications of the natural law on issues involving the right to live, bioethics, the family and the economy. Charles Rice has produced a firmly grounded and accessible handbook which touches on the most important topics regarding natural law that will benefit readers of all backgrounds.
Book Synopsis Montesquieu, Judicial Degeneracy, and the U.S. Supreme Court by : Nelson Lund
Download or read book Montesquieu, Judicial Degeneracy, and the U.S. Supreme Court written by Nelson Lund and published by . This book was released on 2013 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay, which is aimed primarily but not exclusively at audiences in the field of philosophy, originated in a lecture prepared for a series on quot;Natural Moral Law and Contemporary Societyquot; at the School of Philosophy of the Catholic University of America. Using the Supreme Court's sodomy and abortion decisions as introductory examples, the essay briefly discusses the roots of judicial hubris in American constitutional law. The essay then looks more deeply into an institutional transformation rooted in Montesquieu's insight that it is both necessary and impossible to de-politicize the judicial function. The politically moderating role performed by judges in Montesquieu's English constitution does not translate easily into the American system of written constitutions with judicial review. The essay argues that the U.S. Supreme Court is not qualified to correct written human law through appeals to higher laws, including the natural moral law, and that this conclusion is consistent with the understanding of law both in our Constitution and in St. Thomas Aquinas' Summa Theologica.
Book Synopsis United States of America V. Wixom by :
Download or read book United States of America V. Wixom written by and published by . This book was released on 1950 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Decline of Natural Law by : Stuart Banner
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.
Book Synopsis Treatise on Law by : Saint Thomas (Aquinas)
Download or read book Treatise on Law written by Saint Thomas (Aquinas) and published by . This book was released on 1969 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Origins of the Natural Law Tradition by : Arthur Leon Harding
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:
Book Synopsis God and Man in the Law by : Robert Lowry Clinton
Download or read book God and Man in the Law written by Robert Lowry Clinton and published by . This book was released on 1997 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a wide-ranging study based on legal history, political theory, and philosophical ideas going all the way back to Plato and Roman law, Robert Clinton challenges current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.
Book Synopsis A Philosophical Primer on the Summa Theologica by : Richard J. Regan
Download or read book A Philosophical Primer on the Summa Theologica written by Richard J. Regan and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the meaning of human life? The Summa Theologica is, in effect, Thomas Aquinas' answer to this question. With the goal of showing why human beings exist, their destiny, and how they can achieve it, Aquinas argues that human beings exist to know God, that their destiny is to enjoy the vision of him in the next life, that they need to act properly in this life in order to be worthy of their destiny, and that the Church's sacraments are the means to do so. The Summa Theologica represents a major attempt to introduce the method and principles of Aristotle into the study of Christian theology. Intended for an educated general audience and philosophical neophytes, A Philosophical Primer on the Summa Theologica will help readers become better acquainted with Aquinas' thought, summarily expressing his positions and arguments largely in his own terms. Using an innovative format, author Richard Regan makes available in one volume a more integrated view of Aquinas' philosophy in the Summa Theologica.
Book Synopsis The Madisonian Constitution by : George Thomas
Download or read book The Madisonian Constitution written by George Thomas and published by JHU Press. This book was released on 2008-06-18 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Book Synopsis Cases and Materials on Jurisprudence by : Jingxiong Wu
Download or read book Cases and Materials on Jurisprudence written by Jingxiong Wu and published by . This book was released on 1958 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Logic of Constitutional Rights by : Eric Heinze
Download or read book The Logic of Constitutional Rights written by Eric Heinze and published by Routledge. This book was released on 2017-09-08 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: Individual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights. Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties: the case law of the United States Supreme Court. Yet the model is designed to account for any legal system that recognizes civil rights and liberties. The author applies techniques of logical analysis (although no prior knowledge of logic is required) to identify a deeper discursive structure. He shows how simple concepts of harm and consent, which do not ordinarily appear to be relevant in all cases, provide unity within and across regimes of individual rights.
Book Synopsis Aquinas on Friendship by : Daniel Schwartz
Download or read book Aquinas on Friendship written by Daniel Schwartz and published by Oxford University Press. This book was released on 2007-03 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Daniel Schwartz presents and examines the thoughts of the great medieval philosopher Thomas Aquinas on the subject of friendship - the ideal type of relationship that rational beings should cultivate. Using examples from the world of human relationships and politics and highlighting the contemporary relevance of texts that are not readily available to scholars, Schwartz facilitates access to the ideas of this great thinker.
Book Synopsis St. Thomas Aquinas on Law and Justice by : Saint Thomas (Aquinas)
Download or read book St. Thomas Aquinas on Law and Justice written by Saint Thomas (Aquinas) and published by . This book was released on 1947 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
