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Author : Lysander Spooner
Publisher :
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.F/5 ( download)
Download or read book Natural Law, Or, The Science of Justice written by Lysander Spooner and published by . This book was released on 1882 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lysander Spooner
Publisher :
ISBN 13 :
Total Pages : 21 pages
Book Rating : 4.:/5 (142 download)
Download or read book Natural Law, Or, The Science of Justice written by Lysander Spooner and published by . This book was released on 1885 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lloyd L. Weinreb
Publisher : Harvard University Press
ISBN 13 : 9780674604261
Total Pages : 340 pages
Book Rating : 4.6/5 (42 download)
Download or read book Natural Law and Justice written by Lloyd L. Weinreb and published by Harvard University Press. This book was released on 1987 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.
Author : Lysander Spooner
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (131 download)
Download or read book Natural Law written by Lysander Spooner and published by . This book was released on 1994 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lysander Spooner
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (119 download)
Download or read book Natural Law, Or, The Science of Justice written by Lysander Spooner and published by . This book was released on 1999 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771011
Total Pages : 406 pages
Book Rating : 4.5/5 (847 download)
Download or read book What is Justice? written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kelsen, Hans. What is Justice? Justice, Law and Politics in the Mirror of Science. Berkeley: University of California Press, 1957. [vi], 397 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. ISBN 1-58477-101-1. Cloth. New. $95. * Through the lens of science, Kelsen proposes a dynamic theory of natural law, examines Platonic and Aristotelian doctrines of justice, the idea of justice as found in the holy scriptures, and defines justice as "...that social order under whose protection the search for truth can prosper. 'My' justice, then, is the justice of freedom, the justice of peace, the justice of democracy-the justice of tolerance." (p. 24).
Author : Lysander Spooner
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (143 download)
Download or read book Natural Law; Or, The Science of Justice: a Treatise, Etc written by Lysander Spooner and published by . This book was released on 1885 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Heinrich Albert Rommen
Publisher :
ISBN 13 : 9780865971615
Total Pages : 0 pages
Book Rating : 4.9/5 (716 download)
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.
Author : R. H. Helmholz
Publisher : Harvard University Press
ISBN 13 : 0674504615
Total Pages : 285 pages
Book Rating : 4.6/5 (745 download)
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.
Author : Lysander Spooner
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (431 download)
Download or read book Natural Law; Or The Science of Justice written by Lysander Spooner and published by . This book was released on 1885 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tom Angier
Publisher : Cambridge University Press
ISBN 13 : 1108586392
Total Pages : 118 pages
Book Rating : 4.1/5 (85 download)
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.
Author : George Duke
Publisher : Cambridge University Press
ISBN 13 : 110715703X
Total Pages : 193 pages
Book Rating : 4.1/5 (71 download)
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.
Author : Jingxiong Wu
Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.:/5 (41 download)
Download or read book Fountain of Justice written by Jingxiong Wu and published by . This book was released on 1955 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew Forsyth
Publisher : Cambridge University Press
ISBN 13 : 110847697X
Total Pages : 173 pages
Book Rating : 4.1/5 (84 download)
Download or read book Common Law and Natural Law in America written by Andrew Forsyth and published by Cambridge University Press. This book was released on 2019-04-11 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Author : Vincent W. Lloyd
Publisher : Oxford University Press
ISBN 13 : 0190610581
Total Pages : 201 pages
Book Rating : 4.1/5 (96 download)
Download or read book Black Natural Law written by Vincent W. Lloyd and published by Oxford University Press. This book was released on 2016-05-02 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black Natural Law offers a new way of understanding the African American political tradition. Iconoclastically attacking left (including James Baldwin and Audre Lorde), right (including Clarence Thomas and Ben Carson), and center (Barack Obama), Vincent William Lloyd charges that many Black leaders today embrace secular, white modes of political engagement, abandoning the deep connections between religious, philosophical, and political ideas that once animated Black politics. By telling the stories of Frederick Douglass, Anna Julia Cooper, W. E. B. Du Bois, and Martin Luther King, Jr., Lloyd shows how appeals to a higher law, or God's law, have long fueled Black political engagement. Such appeals do not seek to implement divine directives on earth; rather, they pose a challenge to the wisdom of the world, and they mobilize communities for collective action. Black natural law is deeply democratic: while charismatic leaders may provide the occasion for reflection and mobilization, all are capable of discerning the higher law using our human capacities for reason and emotion. At a time when continuing racial injustice poses a deep moral challenge, the most powerful intellectual resources in the struggle for justice have been abandoned. Black Natural Law recovers a rich tradition, and it examines just how this tradition was forgotten. A Black intellectual class emerged that was disconnected from social movement organizing and beholden to white interests. Appeals to higher law became politically impotent: overly rational or overly sentimental. Recovering the Black natural law tradition provides a powerful resource for confronting police violence, mass incarceration, and today's gross racial inequities. Black Natural Law will change the way we understand natural law, a topic central to the Western ethical and political tradition. While drawing particularly on African American resources, Black Natural Law speaks to all who seek politics animated by justice.
Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775785
Total Pages : 366 pages
Book Rating : 4.5/5 (847 download)
Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
Author : Justin Buckley Dyer
Publisher : Cambridge University Press
ISBN 13 : 1139505157
Total Pages : pages
Book Rating : 4.1/5 (395 download)
Download or read book Natural Law and the Antislavery Constitutional Tradition written by Justin Buckley Dyer and published by Cambridge University Press. This book was released on 2012-02-13 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In Natural Law and the Antislavery Constitutional Tradition, Justin Buckley Dyer provides a succinct account of the development of American antislavery constitutionalism in the years preceding the Civil War. Within the context of recent revisionist scholarship, Dyer argues that the theoretical foundations of American constitutionalism - which he identifies with principles of natural law - were antagonistic to slavery. Still, the continued existence of slavery in the nineteenth century created a tension between practice and principle. In a series of case studies, Dyer reconstructs the constitutional arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln and Frederick Douglass, who collectively sought to overcome the legacy of slavery by emphasizing the natural law foundations of American constitutionalism. What emerges is a convoluted understanding of American constitutional development that challenges traditional narratives of linear progress while highlighting the centrality of natural law to America's greatest constitutional crisis.
