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Natural Law And Thomistic Juridical Realism
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Book Synopsis Natural Law and Thomistic Juridical Realism by : Petar Popović
Download or read book Natural Law and Thomistic Juridical Realism written by Petar Popović and published by . This book was released on 2022 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.
Book Synopsis Natural Law and Thomistic Juridical Realism by : Petar Popovic
Download or read book Natural Law and Thomistic Juridical Realism written by Petar Popovic and published by CUA Press. This book was released on 2022-02-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.
Book Synopsis Handbook of the History of the Philosophy of Law and Social Philosophy by : Gianfrancesco Zanetti
Download or read book Handbook of the History of the Philosophy of Law and Social Philosophy written by Gianfrancesco Zanetti and published by Springer Nature. This book was released on 2023-04-03 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook discusses representative philosophers in the history of the philosophy of law and social philosophy, giving clear concise expert definitions and explanations of key personalities and their ideas. It provides an essential reference for experts and newcomers alike.
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 On the Dignity of Society by : F Russell Hittinger
Download or read book On the Dignity of Society written by F Russell Hittinger and published by CUA Press. This book was released on 2024-05 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection of essays, Francis Russell Hittinger shows that Catholic social teaching is not only an articulate defense of the dignity of the human person, but perhaps more fundamentally an elucidation of the dignity of society. Indeed, Hittinger enables us to see that one cannot properly defend the dignity of the person without also showing the dignity of societies in which human persons - as naturally familial, political, and ecclesial animals - seek their own perfection in communion with others. Hittinger has been a renowned scholar of Catholic social doctrine for some time now, and the essays presented here are the fruit of his mature thinking on the topic over the course of many years. As each chapter shows, Hittinger's historically important body of work on Catholic moral and social philosophy and theology is rooted in natural law theory and Thomistic philosophy, but also animated by St. Augustine's thought and thus consistently sensitive to historical contexts and arenas for moral and theological disputation. These magisterial essays therefore integrate historical studies of the development of Catholic social teaching with systematic exposition of the theological coherence of that tradition, while also articulating the essential role of philosophy and natural law within both. The volume is divided into three parts. The first part is comprised of six essays on Catholic social teaching, the second part is made up of six essays on natural law and its role in social doctrine, and the third part includes two essays discussing the first principles of the Church's teaching on social issues. This collection will no doubt become a standard in the field of scholarship on Catholic social teaching.
Book Synopsis The Cambridge Companion to Natural Law Jurisprudence by : George Duke
Download or read book The Cambridge Companion to Natural Law Jurisprudence written by George Duke and published by Cambridge University Press. This book was released on 2017-06-16 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.
Book Synopsis Infidels and Empires in a New World Order by : David M. Lantigua
Download or read book Infidels and Empires in a New World Order written by David M. Lantigua and published by Cambridge University Press. This book was released on 2020-06-18 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines early modern Spanish contributions to international relations by focusing on ambivalence of natural rights in European colonial expansion to the Americas.
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 Artifactual Nature of Law by : Burazin, Luka
Download or read book The Artifactual Nature of Law written by Burazin, Luka and published by Edward Elgar Publishing. This book was released on 2022-08-12 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book develops and elaborates on the artifact theory of law, covering a wide range of related theoretical and practical topics. Featuring international contributions from both noted and up-and-coming scholars in law and philosophy, it offers a range of perspectives that flesh out the artifact theory of law, it also introduces criticisms of previous formulations of the theory and inquires into its potential payoffs.
Book Synopsis Human Rights and Natural Law by : Walter Schweidler
Download or read book Human Rights and Natural Law written by Walter Schweidler and published by . This book was released on 2012 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Concept of Dilemma in Legal and Judicial Ethics by : Przemysław Kaczmarek
Download or read book The Concept of Dilemma in Legal and Judicial Ethics written by Przemysław Kaczmarek and published by Wydawnictwo C.H.Beck. This book was released on 2018-10-12 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges and lawyers have to shape their moral competences in order to maintain their professional ethics at a high standard if they want to effectively meet the challenges that modern society will throw at them. This requirement is due to the growing expectation that they will be socially and morally responsible for the law. Thus, the need to place ethics at the heart of legal education, and to make ethical reflection pervasive in academic courses, becomes more obvious every day. Using the concept and examples of moral dilemmas is a way of facilitating this task. The main purpose of this book is to analyse the concept of moral dilemma in context of judicial and legal ethics, and to provide material for legal education. The structure of this book is designed with this double aim in mind. The theoretical part presents the concept of dilemmas on grounds of metaethics and the perspectives for its application in a professional legal context. The former encompasses situations of conflict of duties or obligations, in which the choice of one conduct necessarily prevents a different conduct, and therefore leads to an unacceptable outcome. Hence, the situation of dilemma always involves an issue of moral responsibility and the problem of “dirty hands”. How such situations are present in legal practice and how to deal with them is the main concern of this part. The considerations are divided into three levels of reflection – deontological, axiological, and moral responsibility. The practical part of the book contains an overview of 150 dilemmas that can be useful in legal ethics or other legal courses. The dilemmas are divided into chapters covering the following branches of law: criminal law, civil and commercial law, family and custody law, labour and social security law, and constitutional law. Every dilemma presents a description of the facts, a reconstruction of dilemma, its standard solution and some critical remarks from a meta-ethical perspective. The dilemmas cover situations regularly met in everyday practice, as well as examples of more exceptional challenges in connection with constitutional crises that have occurred in Poland in recent years.
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 Aristotelian Naturalism by : Martin Hähnel
Download or read book Aristotelian Naturalism written by Martin Hähnel and published by Springer Nature. This book was released on 2020-04-06 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features many of the leading voices championing the revival of Neo-Aristotelian Ethical Naturalism (AN) in contemporary philosophy. It addresses the whole range of issues facing this research program at present. Coverage in the collection identifies differentiations, details standpoints, and points out new perspectives. This volume answers a need: AN is quite new to contemporary philosophy, despite its deep roots in the history of philosophy. As yet, there are many unanswered questions regarding its relation to contemporary views in metaethics. It is certainly not equivalent to dominant naturalistic approaches to metaethics in Anglophone philosophy. Indeed, it is not obviously incompatible with some approaches identified as nonnaturalistic. Further, there are controversies regarding the views of the first wave of virtue revivalists. The work of G.E.M. Anscombe and Philippa Foot is frequently misunderstood, despite the fact that they are important figures in the contemporary revival. This volume details a robust approach to ethics by situating it within the context of human life. It will help readers to better understand how AN raises deep questions about the relation of action and its evaluation to human nature. Neo-Aristotelians argue that something like the traditional cardinal virtues, practical wisdom, temperance, justice and courage, are qualities that perfect human reason and desire.
Book Synopsis Catholic Perspectives on Medical Morals by : Edmund D. Pellegrino
Download or read book Catholic Perspectives on Medical Morals written by Edmund D. Pellegrino and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: CATHOLIC PERSPECTIVES AND CONTEMPORARY MEDICAL MORALS A Catholic perspective on medical morals antedates the current world wide interest in medical and biomedical ethics by many centuries[5]. Discussions about the moral status of the fetus, abortion, contraception, and sterilization can be found in the writings of the Fathers and Doctors of the Church. Teachings on various aspects of medical morals were scattered throughout the penitential books of the early medieval church and later in more formal treatises when moral theology became recog nized as a distinct discipline. Still later, medical morality was incorpor ated into the many pastoral works on medicine. Finally, in the contemporary period, works that strictly focus on medical ethics are produced by Catholic moral theologians who have special interests in matters medical. Moreover, this long tradition of teaching has been put into practice in the medical moral directives governing the operation of hospitals under Catholic sponsorship. Catholic hospitals were monitored by Ethics Committees long before such committees were recommended by the New Jersey Court in the Karen Ann Quinlan case or by the President's Commission in 1983 ([8, 9]). Underlying the Catholic moral tradition was the use of the casuistic method, which since the 17th and 18th centuries was employed by Catholic moralists to study and resolve concrete clinical ethical dilem mas. The history of casuistry is of renewed interest today when the case method has become so widely used in the current revival of interest in medical ethics[ll].
Book Synopsis Human Dependency and Christian Ethics by : Sandra Sullivan-Dunbar
Download or read book Human Dependency and Christian Ethics written by Sandra Sullivan-Dunbar and published by Cambridge University Press. This book was released on 2017-10-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages Christian love theologies, feminist economics, and political theory to identify elements of a Christian ethic of dependent care relations.
Book Synopsis To the Uttermost Parts of the Earth by : Martti Koskenniemi
Download or read book To the Uttermost Parts of the Earth written by Martti Koskenniemi and published by Cambridge University Press. This book was released on 2021-08-26 with total page 1127 pages. Available in PDF, EPUB and Kindle. Book excerpt: To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thought, jurisprudence and legal history.
Book Synopsis Thomas Aquinas and the Philosophy of Punishment by : Peter Karl Koritansky
Download or read book Thomas Aquinas and the Philosophy of Punishment written by Peter Karl Koritansky and published by CUA Press. This book was released on 2012 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peter Karl Koritansky is assistant professor of philosophy and religion at the University of Prince Edward Island.
