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Mere Natural Law
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Download or read book Mere Natural Law written by Hadley Arkes and published by Simon and Schuster. This book was released on 2023-05-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism Is Not Enough In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that “originalism” alone is an inadequate answer to judicial activism. Untethered from “mere Natural Law”—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence. The framers of the Constitution regarded the “self-evident” truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation. Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clouds or in benign platitudes (“be generous,” “be selfless”). He draws us back, rather, to the ground of Natural Law as the American Founders understood it, the anchoring truths of common sense—truths grasped at once by the ordinary man, unburdened by theories imbibed in college and law school. When liberals discovered hitherto unknown rights in the “emanations” and “penumbras” of a “living constitution,” conservatives responded with an “originalism” that refuses to venture beyond the bare text. But in framing that text, the Founders appealed to moral principles that were there before the Constitution and would be there even if there were no Constitution. An originalism that is detached from those anchor - ing principles has strayed far from the original meaning of the Constitution. It is powerless, moreover, to resist the imposition of a perverse moral vision on our institutions and our lives. Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-read for everyone who cares about the Constitution, morality, and the rule of law.
Book Synopsis Natural Rights and the Right to Choose by : Hadley Arkes
Download or read book Natural Rights and the Right to Choose written by Hadley Arkes and published by Cambridge University Press. This book was released on 2002-09-02 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Book Synopsis Constitutional Illusions and Anchoring Truths by : Hadley Arkes
Download or read book Constitutional Illusions and Anchoring Truths written by Hadley Arkes and published by Cambridge University Press. This book was released on 2010-05-31 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arkes re-examines legal cases and concepts long thought settled, finding that their meaning is far less clear than commonly accepted.
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 From Human Dignity to Natural Law by : Richard Berquist
Download or read book From Human Dignity to Natural Law written by Richard Berquist and published by Catholic University of America Press. This book was released on 2019-10-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Human Dignity to Natural Law shows how the whole of the natural law, as understood in the Aristotelian Thomistic tradition, is contained implicitly in human dignity. Human dignity means existing for one’s own good (the common good as well as one’s individual good), and not as a mere means to an alien good. But what is the true human good? This question is answered with a careful analysis of Aristotle’s definition of happiness. The natural law can then be understood as the precepts that guide us in achieving happiness. To show that human dignity is a reality in the nature of things and not a mere human invention, it is necessary to show that human beings exist by nature for the achievement of the properly human good in which happiness is found. This implies finality in nature. Since contemporary natural science does not recognize final causality, the book explains why living things, as least, must exist for a purpose and why the scientific method, as currently understood, is not able to deal with this question. These reflections will also enable us to respond to a common criticism of natural law theory: that it attempts to derive statements of what ought to be from statements about what is. After defining the natural law and relating it to human or positive law, Richard Berquist considers Aquinas’s formulation of the first principle of the natural law. It then discusses the love commandments to love God above all things and to love one’s neighbor as oneself as the first precepts of the natural law. Subsequent chapters are devoted to clarifying and defending natural law precepts concerned with the life issues, with sexual morality and marriage, and with fundamental natural rights. From Human Dignity to Natural Law concludes with a discussion of alternatives to the natural law.
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.
Download or read book Mere Natural Law written by Hadley Arkes and published by Simon and Schuster. This book was released on 2023-05-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism Is Not Enough In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that “originalism” alone is an inadequate answer to judicial activism. Untethered from “mere Natural Law”—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence. The framers of the Constitution regarded the “self-evident” truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation. Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clouds or in benign platitudes (“be generous,” “be selfless”). He draws us back, rather, to the ground of Natural Law as the American Founders understood it, the anchoring truths of common sense—truths grasped at once by the ordinary man, unburdened by theories imbibed in college and law school. When liberals discovered hitherto unknown rights in the “emanations” and “penumbras” of a “living constitution,” conservatives responded with an “originalism” that refuses to venture beyond the bare text. But in framing that text, the Founders appealed to moral principles that were there before the Constitution and would be there even if there were no Constitution. An originalism that is detached from those anchor - ing principles has strayed far from the original meaning of the Constitution. It is powerless, moreover, to resist the imposition of a perverse moral vision on our institutions and our lives. Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-read for everyone who cares about the Constitution, morality, and the rule of law.
Book Synopsis Sanatana Dharma by : Dharma Pravartaka Acharya
Download or read book Sanatana Dharma written by Dharma Pravartaka Acharya and published by . This book was released on 2015-03-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The all-in-one guide to the world of Yoga, Vedanta, meditation and Hinduism. This book is an unmatched celebration of the tradition of Vedic spirituality. In this magnum opus, Sri Dharma Pravartaka Acharya has provided us with a valuable introduction to the philosophy and practice of this ancient spiritual path.Sanatana Dharma: The Eternal Natural Way is the most comprehensive summary of this profound spiritual tradition ever written. It is the first English language systematic theological and philosophical exposition of the entire world-view of Sanatana Dharma. With an easy to follow format, detailed glossary, and style of writing that is both authoritative, yet inviting to any reader, this book is your doorway to a rarely visited realm of spiritual awakening. www.dharmacentral.com
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.
Book Synopsis Aquinas's Theory of Natural Law by : Anthony J. Lisska
Download or read book Aquinas's Theory of Natural Law written by Anthony J. Lisska and published by Oxford University Press, USA. This book was released on 1996 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new critique of Aquinas's theory of natural law discusses the background of the theory in Aristotle and advances new interpretations of contemporary legal issues which hark back to Aquinas.
Book Synopsis The Natural Law by : Heinrich Albert Rommen
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.
Book Synopsis The Principles of Natural and Politic Law by : Jean Jacques Burlamaqui
Download or read book The Principles of Natural and Politic Law written by Jean Jacques Burlamaqui and published by . This book was released on 1859 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Nations by : Emer de Vattel
Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Natural Law, Liberalism, and Morality by : Robert P. George
Download or read book Natural Law, Liberalism, and Morality written by Robert P. George and published by Oxford University Press on Demand. This book was released on 2001 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of leading defenders of natural law and liberalism offer frank and lively exchanges touching upon critical issues surrounding contemporary moral and political theory.
Download or read book Common Truths written by Edward B. McLean and published by Intercollegiate Studies Institute. This book was released on 2000 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the questions philosophers have asked for centuries about the ground for man's actions. Why be moral? What is law? What are the limits of coercion within a just and free society? These and similar questions are ancient yet timely; and today, as always, they demand answers. Explicates the historical, theoretical, legislative and juridical aspects of natural law doctrine. The essayists reveal the comprehensiveness and, consequently, the usefulness of natural law theory in deriving human solutions to the problems confronting contemporary society.
Download or read book First Things written by Hadley Arkes and published by Princeton University Press. This book was released on 2020-06-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book restores to us an understanding that was once settled in the "moral sciences": that there are propositions, in morals and law, which are not only true but which cannot be otherwise. It was understood in the past that, in morals or in mathematics, our knowledge begins with certain axioms that must hold true of necessity; that the principles drawn from these axioms hold true universally, unaffected by variations in local "cultures"; and that the presence of these axioms makes it possible to have, in the domain of morals, some right answers. Hadley Arkes restates the grounds of that older understanding and unfolds its implications for the most vexing political problems of our day. The author turns first to the classic debate between Abraham Lincoln and Stephen Douglas. After establishing the groundwork and properties of moral propositions, he traces their application in such issues as selective conscientious objection, justifications for war, the war in Vietnam, a nation's obligation to intervene abroad, the notion of supererogatory acts, the claims of "privacy," and the problem of abortion.
Download or read book Natural Law written by Jacques Maritain and published by Burns & Oates. This book was released on 2001 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written during a period when cultural diversity and pluralism were beginning to have an impact on ethics and politics, these essays provide a defense of natural law and natural right that continues to be timely."--BOOK JACKET.
