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Aristotle And Modern Law
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Book Synopsis Aristotle and Modern Law by : James Bernard Murphy
Download or read book Aristotle and Modern Law written by James Bernard Murphy and published by Dartmouth Publishing Company. This book was released on 2003 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: The series "Philosophers and Law" selects and makes available the most important essays in English that deal with the application to law of the work of major philosophers for whom law was not a main concern. The essays are based on scholarly study of particular philosophers and deal with both the nature and role of law and the application of philosophy to specific areas of law.
Book Synopsis Aristotle's Legal Theory by : George Duke
Download or read book Aristotle's Legal Theory written by George Duke and published by Cambridge University Press. This book was released on 2019-12-19 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.
Book Synopsis Aristotle and Natural Law by : Tony Burns
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.
Author :Liesbeth Huppes-Cluysenaer Publisher :Springer Science & Business Media ISBN 13 :9400760310 Total Pages :284 pages Book Rating :4.4/5 (7 download)
Book Synopsis Aristotle and The Philosophy of Law: Theory, Practice and Justice by : Liesbeth Huppes-Cluysenaer
Download or read book Aristotle and The Philosophy of Law: Theory, Practice and Justice written by Liesbeth Huppes-Cluysenaer and published by Springer Science & Business Media. This book was released on 2013-02-14 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a new focus on the legal philosophical texts of Aristotle, which offers a much richer frame for the understanding of practical thought, legal reasoning and political experience. It allows understanding how human beings interact in a complex world, and how extensive the complexity is which results from humans’ own power of self-construction and autonomy. The Aristotelian approach recognizes the limits of rationality and the inevitable and constitutive contingency in Law. All this offers a helpful instrument to understand the changes globalisation imposes to legal experience today. The contributions in this collection do not merely pay attention to private virtues, but focus primarily on public virtues. They deal with the fact that law is dependent on political power and that a person can never be sure about the facts of a case or about the right way to act. They explore the assumption that a detailed knowledge of Aristotle's epistemology is necessary, because of the direct connection between Enlightened reasoning and legal positivism. They pay attention to the concept of proportionality, which can be seen as a precondition to discuss liberalism.
Book Synopsis Aristotle and Modern Law by : Richard O. Brooks
Download or read book Aristotle and Modern Law written by Richard O. Brooks and published by Routledge. This book was released on 2018-03-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2003. Aristotle's philosophy has had a profound impact on the development of modern law. This volume collects recent important essays demonstrating the continuing relevance of Aristotle's work to contemporary legal issues. The studies deal with Aristotle's legal theory, the virtues of lawyers, law and justice, rights and equity, intellectual virtues in law, universals and particulars, modern fields of law, legal education and modern problems with Aristotle.
Download or read book Morals and Law written by Max Hamburger and published by New York : Biblo and Tannen. This book was released on 1951 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Modern Legal Philosophy Series... by :
Download or read book The Modern Legal Philosophy Series... written by and published by . This book was released on 1912 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Aquinas and Modern Law by : James Bernard Murphy
Download or read book Aquinas and Modern Law written by James Bernard Murphy and published by Routledge. This book was released on 2017-07-05 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects some of the best recent writings on St. Thomas‘s philosophy of law and includes a critical examination of Aquinas‘s theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights. The volume shows how Aquinas understood the importance of positive law and demonstrates the modern relevance of his writings by including Thomistic critiques of modern jurisprudence and examples of applications of Thomistic jurisprudence to specific modern legal problems such as federalism, environmental policy, abortion and euthanasia. The volume also features an introduction which places Aquinas‘s writings in the context of modern jurisprudence as well as an extensive bibliography. The volume is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries.
Book Synopsis Corrective and Distributive Justice by : Izhak Englard
Download or read book Corrective and Distributive Justice written by Izhak Englard and published by Oxford University Press. This book was released on 2009-02-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corrective and Distributive Justice: From Aristotle to Modern Times retraces the intricate history of the distinction between corrective and distributive justice. This distinction is elaborated in the 5th book of Aristotle's Nicomachean Ethics, which was rediscovered in Western Europe in the 12th and 13th centuries by the Scholastics and turned into a central topic in legal and theological scholarship. After a decline of interest in the wake of the enlightenment and secularization, a surprising revival of these notions of justice occurred in U.S. legal and philosophical discourse during the last four decades that has made this distinction a central issue in tort law, restitution and other important fields of private and public law. In literally hundreds of articles and a considerable number of books, the Aristotelian distinction has been elaborated, discussed, and applied. Englard's unique contribution to this aspect of legal history grants the contemporary reader a historical perspective that is vital for a deepened understanding of the distinction and modern concerns. Organized chronologically, Englard's research covers: Aristotle, High Scholastics, Late Scholastics, Post-Scholastics, and Modernity. The relevant literature is notoriously difficult to access, not only because of its Latin language, but because of the physical rarity of the relevant books scattered throughout the world. This book offers the modern reader a touchstone synthesis of intellectual and legal history.
Book Synopsis Aristotle on Emotions in Law and Politics by : Liesbeth Huppes-Cluysenaer
Download or read book Aristotle on Emotions in Law and Politics written by Liesbeth Huppes-Cluysenaer and published by Springer. This book was released on 2018-02-13 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, experts from the fields of law and philosophy explore the works of Aristotle to illuminate the much-debated and fascinating relationship between emotions and justice. Emotions matter in connection with democracy and equity – they are relevant to the judicial enforcement of rights, legal argumentation, and decision-making processes in legislative bodies and courts. The decisive role that emotions, feelings and passions play in these processes cannot be ignored – not even by those who believe that emotions have no legitimate place in the public sphere. A growing body of literature on these topics recognizes the seminal insights contributed by Aristotle. This book offers a comprehensive analysis of his thinking in this context, as well as proposals for inspiring dialogues between his works and those written by a selection of modern and contemporary thinkers. As such, the book offers a valuable resource for students of law, philosophy, rhetoric, politics, ethics and history, but also for readers interested in the ongoing debate about legal positivism and the relevance of emotions for legal and political life in today’s world.
Book Synopsis The Philosophy of Customary Law by : James Bernard Murphy
Download or read book The Philosophy of Customary Law written by James Bernard Murphy and published by . This book was released on 2014 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although many modern philosophers of law describe custom as merely a minor source of law, formal law is actually only one source of the legal customs that govern us. Many laws grow out of custom, and one measure of a law's success is by its creation of an enduring legal custom. Yet custom and customary law have long been neglected topics in unsettled jurisprudential debate. Smaller concerns, such as whether customs can be legitimized by practice or by stipulation, stipulated by an authority or by general consent, or dictated by law or vice versa, lead to broader questions of law and custom as alternative or mutually exclusive modes of social regulation, and whether rational reflection in general ought to replace sub-rational prejudice. Can legal rules function without customary usage, and does custom even matter in society? The Philosophy of Customary Law brings greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. James Bernard Murphy explores the nature and significance of custom and customary law, and how conventions relate to habits in the four classic theories of Aristotle, Francisco Suarez, Jeremy Bentham, and James C. Carter. He establishes that customs are conventional habits and habitual conventions, and allows us to better grasp the many roles that custom plays in a legal system by offering a new foundation of understanding for these concepts.
Book Synopsis Plato and Modern Law by : Richard O. Brooks
Download or read book Plato and Modern Law written by Richard O. Brooks and published by Routledge. This book was released on 2017-07-05 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: This audacious collection of modern writings on Plato and the Law argues that Plato's work offers insights for resolving modern jurisprudential problems. Plato's dialogues, in this modern interpretation, reveal that knowledge of the functions of law, based upon intelligible principles, can be reformulated for relevance to our age. Leading interpreters of Plato: Vlastos, Hall, Strauss, Weinrib, Annas, and Morrow, are included in the collection. The editor supplies an insightful introduction and extensive bibiography to the collection.
Book Synopsis Aristotle and Modern Politics by : Aristide Tessitore
Download or read book Aristotle and Modern Politics written by Aristide Tessitore and published by University of Notre Dame Press. This book was released on 2002 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the separation between classical and modern theories of government, contributors to Aristotle and Modern Politics find Aristotle a useful interlocutor for assessing both possibilities and limitations in contemporary politics. In this collection, noted political scientists, theologians, and philosophers discuss the magnitude of Aristotle's presence in contemporary debate and demonstrate some of the ways in which Aristotle sheds new light on contemporary problems. This engaging book also exhibits the persistence of political philosophy at a time when the pervasive influence of "ideology" and "historicism" lead many to deny its possibility. Although the authors of these essays differ on the nature of Aristotle's contribution, all are united by the conviction that he has something important to teach citizens of modern political societies. If the fundamental principles of modern politics were drawn from critical reflections of reason over and against the imposition of authority under its various guises, modern politics can best sustain itself by nurturing the critical attitude that initially brought it into being. Paradoxically, serious engagement with the "preliberal" thought of Aristotle can render contemporary debate more fruitful by bringing to light subtle limitations in the political discourse of any era, including our own. If the modern understanding of freedom is primarily freedom to speak and think for oneself, the essays in Aristotle and Modern Politics exhibit the persistence of political philosophy by thinking beyond limits often constricting contemporary paradigms.
Book Synopsis The Natural Law Reader by : Jacqueline A. Laing
Download or read book The Natural Law Reader written by Jacqueline A. Laing and published by John Wiley & Sons. This book was released on 2013-09-23 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Natural Law Reader features a selection of readings in metaphysics, jurisprudence, politics, and ethics that are all related to the classical Natural Law tradition in the modern world. Features a concise presentation of the natural law position that offers the reader a focal point for discussion of ancient and contemporary ideas in the natural law tradition Draws upon the metaphysical and ethical categories put forth and developed by Aristotle and Aquinas Points to the historical significance and contemporary relevance of the Natural Law tradition Reflects on a revival of interest in the tradition of virtue ethics and human rights
Book Synopsis Nature, Justice, and Rights in Aristotle's Politics by : Fred D. Miller
Download or read book Nature, Justice, and Rights in Aristotle's Politics written by Fred D. Miller and published by Clarendon Press. This book was released on 1995-06-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this landmark study of Aristotle's Politics Fred Miller argues that nature, justice, and rights are central to Aristotle's political thought. Miller challenges the widely held view that the concept of rights is alien to Aristotle's thought, and marshalls evidence for talk of rights in Aristotle's writings, arguing further that Aristotle's theory of justice supports claims of individual rights, which are political and based in nature. He also considers the relation of Aristotles politics to other parts of philosophy, in particular to the teleological view of nature in the Physics and the theory of justice in the Nicomachean Ethics. Professor Miller examines in detail the constitutional applications of Aristotle's theory, including the correct constitutions of kingship, aristocracy, and polity (based in the common advantage), and the deviant constitutions of democracy, oligarchy, and tyranny (based in the advantage of the rulers). Arisototle's treatments of revolution and property rights are also covered, and the major presuppositions of his political theory are critically examined and related to current issues including the liberalism-communitarianism debate. This stimulating treatment of the Politics sheds new light on Aristotle's relation to modern political philosophy, in particular to natural rights theorists such as Hobbes and Locke. It will be of value to philosophers, political scientists, classical scholars, and anyone interested in the theoretical foundations of human rights.
Book Synopsis A Modern Legal Ethics by : Daniel Markovits
Download or read book A Modern Legal Ethics written by Daniel Markovits and published by Princeton University Press. This book was released on 2011-01-17 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Daniel Markovits proposes here a wholesale renovation of legal ethics, one that contributes to ethical thought generally. His book rejects the casuistry that dominates contemporary applied ethics in favour of an interpretive method that may be mimicked in other areas.
Book Synopsis Aristotle's "Best Regime" by : Clifford A. Bates, Jr.
Download or read book Aristotle's "Best Regime" written by Clifford A. Bates, Jr. and published by LSU Press. This book was released on 2002-12-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collapse of the Soviet Union and other Marxist regimes around the world seems to have left liberal democracy as the only surviving ideology, and yet many scholars of political thought still find liberal democracy objectionable, using Aristotle's Politics to support their views. In this detailed analysis of Book 3 of Aristotle's work, Clifford Angell Bates, Jr., challenges these scholars, demonstrating that Aristotle was actually a defender of democracy. Proving the relevance of classical political philosophy to modern democratic problems, Bates argues that Aristotle not only defends popular rule but suggests that democracy, restrained by the rule of law, is the best form of government. According to Aristotle, because human beings are naturally sociable, democracy is the regime that best helps man reach his potential; and because of human nature, it is inevitable democracies will prevail. Bates explains why Aristotle's is a sound position between two extremes -- participatory democracy, which romanticizes the people, and elite theory, which underrates them. Aristotle, he shows, sees the people as they really are and nevertheless believes their self-rule, under law, is ultimately better than all competing forms. However, the philosopher does not believe democracy should be imposed universally. It must arise out of the given cultural, environmental, and historical traditions of a people or its will fall into tyranny. Bates's fresh interpretation rests on innovative approaches to reading Book 3 -- which he deems vital to understanding all of Aristotle's Politics. Examining the work in the original Greek as well as in translation, he addresses questions about the historical Aristotle versus the posited Aristotle, the genre and structure of the text, and both the theoretical and the dialogic nature of the work. Carting Aristotle's rhetorical strategies, Bates shows that Book 3 is not simply a treatise but a series of dialogues that develop a nuanced defense of democratic rule. Bates's accessible and faithful exposition of Aristotle's work confirms that the philosopher's teachings are not merely of historical interest but speak directly to liberal democracy's current crisis of self-understanding.
