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The Natural Law Foundations Of Modern Social Theory
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Book Synopsis The Natural Law Foundations of Modern Social Theory by : Daniel Chernilo
Download or read book The Natural Law Foundations of Modern Social Theory written by Daniel Chernilo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Daniel Chernilo offers an original reconstruction of the history of universalism in modern social thought from Hobbes to Habermas.
Book Synopsis The Foundations of Natural Morality by : S. Adam Seagrave
Download or read book The Foundations of Natural Morality written by S. Adam Seagrave and published by University of Chicago Press. This book was released on 2014-05-05 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a renaissance of interest in the relationship between natural law and natural rights. During this time, the concept of natural rights has served as a conceptual lightning rod, either strengthening or severing the bond between traditional natural law and contemporary human rights. Does the concept of natural rights have the natural law as its foundation or are the two ideas, as Leo Strauss argued, profoundly incompatible? With The Foundations of Natural Morality, S. Adam Seagrave addresses this controversy, offering an entirely new account of natural morality that compellingly unites the concepts of natural law and natural rights. Seagrave agrees with Strauss that the idea of natural rights is distinctly modern and does not derive from traditional natural law. Despite their historical distinctness, however, he argues that the two ideas are profoundly compatible and that the thought of John Locke and Thomas Aquinas provides the key to reconciling the two sides of this long-standing debate. In doing so, he lays out a coherent concept of natural morality that brings together thinkers from Plato and Aristotle to Hobbes and Locke, revealing the insights contained within these disparate accounts as well as their incompleteness when considered in isolation. Finally, he turns to an examination of contemporary issues, including health care, same-sex marriage, and the death penalty, showing how this new account of morality can open up a more fruitful debate.
Book Synopsis Theories of Society by : Talcott Parsons
Download or read book Theories of Society written by Talcott Parsons and published by . This book was released on 1965 with total page 1590 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Natural Law Today by : Christopher Wolfe
Download or read book Natural Law Today written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 2018-10-15 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural Law Today gives a strong voice to classical natural law theory as the best answers to the fundamental questions of ethics and as the best framework for political and social life. It explains various aspects of that theory and defends it against common misperceptions and criticisms.
Book Synopsis Reconciling Law and Morality in Human Rights Discourse by : Willy Moka-Mubelo
Download or read book Reconciling Law and Morality in Human Rights Discourse written by Willy Moka-Mubelo and published by Springer. This book was released on 2016-12-13 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
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 Justice of War by : Richard Hall
Download or read book The Justice of War written by Richard Hall and published by Rowman & Littlefield. This book was released on 2019-11-06 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Justice of War: Its Foundations in Ethics and Natural Law puts normative ethical theory at the forefront in its discussion of the justice of war. Situating the modern theory of just war in its historical context, Richard A. S. Hall gives full attention to natural law, a mainstay of just war theory. Hall considers the American philosopher Josiah Royce’s implicit theory of just war with its suggestion of a fourth component of just war theory (in addition to jus ad bellum, jus in bello, and jus post bellum), namely, jus ad pacem—justice/law for or about peace—concerning the prevention of war and the maintenance of peace. This book addresses, and answers affirmatively, the following questions raised by just war theory: Can just war theory be rationally defended against its realpolitik critics? Can there by such a thing as a just or moral war? The book aims at showing the doubters and critics that just war theory is a viable alternative to both the political realism of realpolitik and pacifism. In brief, war can be morally justified, though under very restrictive conditions.
Download or read book Legal Naturalism written by Olufemi Taiwo and published by Cornell University Press. This book was released on 2015-11-12 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.
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 Pufendorf’s Theory of Sociability: Passions, Habits and Social Order by : Heikki Haara
Download or read book Pufendorf’s Theory of Sociability: Passions, Habits and Social Order written by Heikki Haara and published by Springer. This book was released on 2018-11-08 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book centres on Samuel Pufendorf’s (1632–1694) moral and political philosophy, a subject of recently renewed interest among intellectual historians, philosophers and legal scholars in the English-speaking world. Pufendorf’s significance in conceptualizing sociability in a way that ties moral philosophy, the theory of the state, political economy, and moral psychology together has already been acknowledged, but this book is the first systematic investigation of the moral psychological underpinnings of Pufendorf’s theory of sociability in their own right. Readers will discover how Pufendorf’s psychological and social explanation of sociability plays a crucial role in his natural law theory. By drawing attention to Pufendorf’s scattered remarks and observations on human psychology, a new interpretation of the importance of moral psychology is presented. The author maintains that Pufendorf’s reflection on the psychological and physical capacities of human nature also matters for his description of how people adopt sociability as their moral standard in practice. We see how, since Pufendorf’s interest in human nature is mainly political, moral psychological formulations are important for Pufendorf’s theorizing of social and political order. This work is particularly useful for scholars investigating the multifaceted role of passions and emotions in the history of moral and political philosophy. It also affords a better understanding of what later philosophers, such as Smith, Hume or Rousseau, might have find appealing in Pufendorf’s writings. As such, this book will also interest researchers of the Enlightenment, natural law and early modern philosophy.
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 Constitution by : Fábio Portela Lopes de Almeida
Download or read book Constitution written by Fábio Portela Lopes de Almeida and published by Nomos Verlag. This book was released on 2020-09-30 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Der Band diskutiert die Rolle und Wichtigkeit von Verfassungen in modernen Gesellschaften. Aus interdisziplinärer Perspektive wird aufgezeigt, wie sich Verfassungen trotz großer Vielfalt innerhalb der Gesellschaft entwickeln konnten und wie sie dabei helfen, ein gemeinsames Moralsystem zu schaffen. Der Mensch ist die einzige Spezies, die in großen Gemeinschaften leben kann, obwohl ihre Mitglieder genetisch unabhängige Individuen sind. Diese Vielfalt macht die Rolle von Verfassungen besonders komplex. Die Arbeit beleuchtet, wie der Konstitutionalismus zur Etablierung eines einheitlichen Moralsystems beiträgt.
Book Synopsis Social Justice and Subsidiarity by : Thomas C. Behr
Download or read book Social Justice and Subsidiarity written by Thomas C. Behr and published by . This book was released on 2019 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Luigi Taparelli, SJ, 1793-1862, in his Theoretical Treatise of Natural Right Based on Fact, 1840-43, presents a neo-Thomistic approach to social, economic, and political sciences grounded in an integral conception of the human person as social animal but also as rational truth seeker. His conceptions of social justice and of subsidiarity are fundamental to modern Catholic social teaching (CST). His work moves away from traditionalist-conservative reaction in favor of an authentically human, moderately liberal, modernity built on the harmony of faith and reason. He zealously deconstructs laissez-faire liberal ideology and its socialist progeny in scores of articles in the Civiltà Cattolica, the journal that he co-founded in 1850. His arguments figure prominently in the Syllabus of Errors (1864) of Pius IX. Though a moderate liberal himself, his reputation as anti-liberal reactionary and defender of Papal temporal sovereignty is the chief reason why Pope Leo XIII later sought to quiet Taparelli's contribution to the foundations and pillars of modern CST that began with the restoration of Thomistic philosophy in Aeterni Patris (1879), and the "magna carta" of modern Catholic social teaching, Rerum Novarum (1891). Pius XI relies heavily on Taparelli's concept of subsidiarity in Quadragesimo Anno (1931), and sought to advance interest in Taparelli studies. However, Taparelli's eclectic philosophical orientation and writing style have been a considerable stumbling block. In this present book, Taparelli's ideas are evaluated both for their philosophical character but also in their historical context. Taparelli's theories of the just society and ordered liberty, are as timely nowadays for reasoned political and ethical discourse as ever. The book includes an appendix of translated portions of the Theoretical Treatise of Natural Right Based on Fact that relate to subsidiarity.
Book Synopsis Theories of Society by : Talcott Parsons
Download or read book Theories of Society written by Talcott Parsons and published by . This book was released on 1965 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Roman Law in the State of Nature by : Benjamin Straumann
Download or read book Roman Law in the State of Nature written by Benjamin Straumann and published by Cambridge University Press. This book was released on 2015-02-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
Book Synopsis Classical Sociological Theory by : Craig Calhoun
Download or read book Classical Sociological Theory written by Craig Calhoun and published by John Wiley & Sons. This book was released on 2012-01-17 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive collection of classical sociological theory is a definitive guide to the roots of sociology from its undisciplined beginnings to its current influence on contemporary sociological debate. Explores influential works of Marx, Durkheim, Weber, Mead, Simmel, Freud, Du Bois, Adorno, Marcuse, Parsons, and Merton Editorial introductions lend historical and intellectual perspective to the substantial readings Includes a new section with new readings on the immediate "pre-history" of sociological theory, including the Enlightenment and de Tocqueville Individual reading selections are updated throughout
Book Synopsis Sociological Theory and the Environment by : Riley E. Dunlap
Download or read book Sociological Theory and the Environment written by Riley E. Dunlap and published by Rowman & Littlefield Publishers. This book was released on 2001-12-29 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sociological Theory and the Environment is a comprehensive survey and assessment of sociological theories of the relations between societies and their "natural" biophysical environment. This book touches on and addresses virtually all of the major perspectives, focal points, and debates in environmental sociology today—classical and twentieth century social theories, macro-micro linkage issues, globalization and development, reflexive modernization, ecological modernization vs. "limits" viewpoints, modernity and post modernity, risk society, constructionalism-realism, environmental movements/identities, consumption and environment, cultural sociologies of the environment, and so on. At the same time, the book aims to go beyond an inventory of environmental sociological theory. Sociological Theory and the Environment stresses how new ground can be broken in the articulation of environmental sociology with major classical and contemporary sociological theories.
