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The Disintegration Of Natural Law Theory
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Book Synopsis The Disintegration of Natural Law Theory by : Pauline C. Westerman
Download or read book The Disintegration of Natural Law Theory written by Pauline C. Westerman and published by BRILL. This book was released on 2014-10-21 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Finnis's proposal to rehabilitate Aquinas's natural law theory as an appropriate foundation of legal and moral theory rests on the assumption that Aquinas's theory can be restored by eliminating the mistaken interpretations of subsequent natural law theorists. This book challenges that assumption. After a brief analysis of Aquinas, the theories of Suárez, Grotius, and Pufendorf are investigated. It is argued that their theories are no 'mistakes', but attempts at solving problems inherent in natural law theory. As these attempts all fail, tensions remain, and ultimately lead to the demise of the theory. Finally it is argued that Finnis, running into the same problems, cannot hope to restore Aquinas's theoretical edifice.
Download or read book Natural Law written by Howard P. Kainz and published by Open Court Publishing. This book was released on 2004 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there such a thing as an objective law of morality? Natural law theorists maintain that there is, and Natural Law probes the history and implications of this powerful concept. Tracing the development of natural law from ancient times to the present, the book also examines the leading figures, transitions, and turning points in the idea's evolution, and brings a natural law approach to contemporary issues such as abortion, homosexuality, and assisted suicide.
Download or read book Natural Law Theory written by Tom Angier and published by Cambridge University Press. This book was released on 2021-09-30 with total page 75 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 After the Natural Law by : John Lawrence Hill
Download or read book After the Natural Law written by John Lawrence Hill and published by Ignatius Press. This book was released on 2016 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "natural law" worldview developed over the course of almost two thousand years beginning with Plato and Aristotle and culminating with St. Thomas Aquinas in the thirteenth century. This tradition holds that the world is ordered, intelligible and good, that there are objective moral truths which we can know and that human beings can achieve true happiness only by following our inborn nature, which draws us toward our own perfection. Most accounts of the natural law are based on a God-centered understanding of the world. After the Natural Law traces this tradition from Plato and Aristotle to Thomas Aquinas and then describes how and why modern philosophers such as Descartes, Locke and Hobbes began to chip away at this foundation. The book argues that natural law is a necessary foundation for our most important moral and political values – freedom, human rights, equality, responsibility and human dignity, among others. Without a theory of natural law, these values lose their coherence: we literally cannot make sense of them given the assumptions of modern philosophy. Part I of the book traces the development of natural law theory from Plato and Aristotle through the crowning achievement of Thomas Aquinas. Part II explores how modern philosophers have systematically chipped away at the only coherent foundation for these values. As a result, our most important moral and political ideals today are incoherent. Modern political and moral thinkers have been led either to dilute the meaning of such terms as freedom or the moral good – or abandon these ideas altogether. Thus, modern philosophy and political thought are leading us either toward anarchy or totalitarianism. The conclusion, entitled "Why God Matters", shows how even the philosophical assumptions of the natural law depend on a personal God.
Book Synopsis The Light That Binds by : Rev. Stephen L. Brock
Download or read book The Light That Binds written by Rev. Stephen L. Brock and published by Wipf and Stock Publishers. This book was released on 2020-03-30 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: If there is any one author in the history of moral thought who has come to be associated with the idea of natural law, it is Saint Thomas Aquinas. Many things have been written about Aquinas's natural law teaching, and from many different perspectives. The aim of this book is to help see it from his own perspective. That is why the focus is metaphysical. Aquinas's whole moral doctrine is laden with metaphysics, and his natural law teaching especially so, because it is all about first principles. The book centers on how Aquinas thinks the first principles of practical reason, which for him are what make up natural law, function as laws. It is a controversial question, and the book engages a variety of readers of Aquinas, including Francisco Suarez, Jacques Maritain, prominent analytical philosophers, Straussians, and the initiators of the New Natural Law theory. Among the issues addressed are the relation between natural law and natural inclination, how far natural law depends on knowledge of human nature, what its obligatory force consists in, and, above all, how it is related to what for Aquinas is the first principle of all being, the divine will.
Book Synopsis Natural Law and Laws of Nature in Early Modern Europe by : Michael Stolleis
Download or read book Natural Law and Laws of Nature in Early Modern Europe written by Michael Stolleis and published by Routledge. This book was released on 2016-04-22 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.
Book Synopsis Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries by :
Download or read book Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries written by and published by BRILL. This book was released on 2022-01-10 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh look at the importance of natural and international law in the religious politics at the heartlands of the Reformation, from the Low Countries, the German principalities up to Transylvania; from Niels Hemmingsen to Gian Battista Vico; from religious reasons for the universalist claims of natural law to political arguments for the sacred polity, their tension and creative potential.
Book Synopsis Natural Law by : Alejandro Néstor García Martínez
Download or read book Natural Law written by Alejandro Néstor García Martínez and published by Cambridge Scholars Publishing. This book was released on 2009-03-26 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to a better understanding of human goods without contradictions and partial bias. The purpose of the present volume is to provide an overview of the history of this concept (Cicero, St. Paul, Aquinas, Melanchthon, Montaigne, Descartes, Leibniz, Hume, Burke, Kant, MacIntyre, etc.) as well as a deep understanding of ongoing research, both in Europe and in America. Furthermore, the specificity of these studies will be of particular value to philosophers, law-philosophers, historians, anthropologists, sociologists and theologians, and those concerned on such issues as the relation between law and moral norm, law and practical reason, and the presence of the idea of natural law in several prominent thinkers. It includes a selected bibliography on natural law. The book also provides an excellent introduction to several of the major topics in natural law theory making it useful both as a reference text and as a sourcebook for academics alike. "Natural law is a rich, complex, and highly disputed term. Since its first appearances in the history of Western civilization, it has been used both to point to God as the source of the moral order and to assert that there is an objective order of justice in nature that men and their laws ought to respect. In modern times, natural law theory gave birth to what we usually call “human rights.” Unlike the meaning of the term, the importance of an ongoing debate on natural law and on the theories related to it is undisputable. This is why I welcome today this new collection of essays edited by Alejandro Néstor García Martínez, Mario Šilar and José M. Torralba. Natural Law: Historical, Systematic and Juridical Approaches includes a wide variety of studies, covering key authors and issues in natural law theory. Younger students will appreciate the clarity of the chapters, and more trained readers the detailed and accurate bibliographical references that each of them offers. The editors’s choice to go from a historical approach to contemporary theories, and then to theoretical and more practical issues is also commendable. Students in philosophy and in legal theory will greatly benefit from this book." —Fulvio Di Blasi, author of God and the Natural Law: A Rereading of Thomas Aquinas
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 Islamic Natural Law Theories by : Anver M. Emon
Download or read book Islamic Natural Law Theories written by Anver M. Emon and published by Oxford University Press. This book was released on 2010-04-08 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to competing theories of Islamic natural law theory based on close readings of Islamic legal sources from as early as the 9th and 10th centuries CE. In popular debates about Islamic law, modern Muslims perpetuate an image of Islamic law as legislated by God, to whom the devout are bound to obey. Reason alone cannot obligate obedience; at most it can confirm or corroborate what is established by source texts endowed with divine authority. This book shows, however, that premodern Sunni Muslim jurists were not so resolute. Instead, they asked whether and how reason alone can be the basis for asserting the good and the bad, thereby justifying obligations and prohibitions under Shari'a. They theorized about the authority of reason amidst competing theologies of God. For premodern Sunni Muslim jurists, nature became the link between the divine will and human reason. Nature is the product of God's purposeful creation for the benefit of humanity. Since nature is created by God and thereby reflects His goodness, nature is fused with both fact and value. Consequently, as a divinely created good, nature can be investigated to reach both empirical and normative conclusions about the good and bad. They disagreed, however, whether nature's goodness is contingent upon a theology of God's justice or God's potentially contingent grace upon humanity, thus contributing to different theories of natural law. By recasting the Islamic legal tradition in terms of legal philosophy, the book sheds substantial light on an uncharted tradition of natural law theory and offers critical insights into contemporary global debates about Islamic law and reform.
Book Synopsis Crime and Punishment by : Hyman Gross
Download or read book Crime and Punishment written by Hyman Gross and published by Oxford University Press. This book was released on 2012-01-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.
Book Synopsis Natural Law and the Origin of Political Economy by : Arild Saether
Download or read book Natural Law and the Origin of Political Economy written by Arild Saether and published by Taylor & Francis. This book was released on 2017-06-26 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Samuel Pufendorf’s work on natural law and political economy was extensive and has been cited by several important figures in the history of economic thought. Yet his name is rarely mentioned in textbooks on the history of economic thought, the history of political science or the history of philosophy. In this unprecedented study, Arild Sæther sheds new light both on Pufendorf’s own life and work, as well as his influence on his contemporaries and on later scholars. This book explores Pufendorf ’s doctrines of political economy and his work on natural law, which was translated into several major European languages. Natural Law and the Origin of Political Economy considers the influence he had on the writings on political economy of John Locke, Charles Montesquieu, Jean-Jacques Rousseau, Francis Hutcheson and Adam Smith, amongst others. If Smith can be called the father of modern economics, this book claims that Pufendorf can be called the grandfather. This volume is of great importance to those who study Pufendorf ’s extensive works, as well as those interested in history of economic thought, political economy and political philosophy.
Book Synopsis Feminist Ethics and Natural Law by : Cristina L. H. Traina
Download or read book Feminist Ethics and Natural Law written by Cristina L. H. Traina and published by Georgetown University Press. This book was released on 1999-04-28 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Heated debates over such issues as abortion, contraception, ordination, and Church hierarchy suggest that feminist and natural law ethics are diametrically opposed. Cristina L.H. Traina now reexamines both Roman Catholic natural law tradition and Anglo-American feminist ethics and reconciles the two positions by showing how some of their aims and assumptions complement one another. After carefully scrutinizing Aquinas’s moral theology, she analyzes trends in both contemporary feminist ethics, theological as well as secular, and twentieth-century Roman Catholic moral theology. Although feminist ethics reject many of the methods and conclusions of the scholastic and revisionist natural law schools, Traina shows that a truly Thomistic natural law ethic nonetheless provides a much-needed holistic foundation for contemporary feminist ethics. On the other hand, she offers new perspectives on the writings of Josef Fuchs, Richard McCormick, and Gustavo Gutierrez, arguing that their failure to catch the full spirit of Thomas’s moral vision is due to inadequate attention to feminist critical methods. This highly original book proposes an innovative union of two supposedly antagonistic schools of thought, a new feminist natural law that would yield more comprehensive moral analysis than either existing tradition alone. This is a provocative book not only for students of moral theology but also for feminists who may object to the very notion of natural law ethics, suggesting how each might find insight in an unlikely place.
Book Synopsis Faithful Reason by : Andrew T. Walker
Download or read book Faithful Reason written by Andrew T. Walker and published by B&H Publishing Group. This book was released on 2024-05-15 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many evangelical Christians have faith in the Bible, but struggle with confidence in its ethical principles. Some believe that biblical morals are not as effective as secular ideologies in promoting human well-being and societal progress. Others feel that using the Bible as a basis for moral arguments lacks persuasive power in public discussions. In Faithful Reason: Natural Law Ethics for God’s Glory and Our Good, Andrew T. Walker argues that developing a comprehensive Christian ethic is not simply a matter of appealing to biblical authority, but also of understanding the way that God has ordered creation and our place within it. In this work, he provides a comprehensive and accessible introduction to natural law ethics from an evangelical perspective. In the first section of Faithful Reason, Walker develops a robust framework of natural law ethics, guided by biblical and theological evidence. In the second section, this framework is applied to various contemporary ethical issues within dignity ethics, embodied ethics, personal ethics, social ethics, and political ethics. Through a natural law framework, readers are empowered to reason through the particulars of any situation and develop a godly ethical response.
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 Christianity and Natural Law by : Norman Doe
Download or read book Christianity and Natural Law written by Norman Doe and published by Cambridge University Press. This book was released on 2017-07-20 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares historical and modern natural law ideas across global Christian traditions and explores their use in church law.
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.
