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The Medieval Tradition Of Natural Law
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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.
Book Synopsis Thomas Hobbes and the Natural Law by : Kody W. Cooper
Download or read book Thomas Hobbes and the Natural Law written by Kody W. Cooper and published by University of Notre Dame Pess. This book was released on 2018-03-30 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Has Hobbesian moral and political theory been fundamentally misinterpreted by most of his readers? Since the criticism of John Bramhall, Hobbes has generally been regarded as advancing a moral and political theory that is antithetical to classical natural law theory. Kody W. Cooper challenges this traditional interpretation of Hobbes in Thomas Hobbes and the Natural Law. Hobbes affirms two essential theses of classical natural law theory: the capacity of practical reason to grasp intelligible goods or reasons for action and the legally binding character of the practical requirements essential to the pursuit of human flourishing. Hobbes’s novel contribution lies principally in his formulation of a thin theory of the good. This book seeks to prove that Hobbes has more in common with the Aristotelian-Thomistic tradition of natural law philosophy than has been recognized. According to Cooper, Hobbes affirms a realistic philosophy as well as biblical revelation as the ground of his philosophical-theological anthropology and his moral and civil science. In addition, Cooper contends that Hobbes's thought, although transformative in important ways, also has important structural continuities with the Aristotelian-Thomistic tradition of practical reason, theology, social ontology, and law. What emerges from this study is a nuanced assessment of Hobbes’s place in the natural law tradition as a formulator of natural law liberalism. This book will appeal to political theorists and philosophers and be of particular interest to Hobbes scholars and natural law theorists.
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 and Divine Law by : Jean Porter
Download or read book Natural and Divine Law written by Jean Porter and published by Wm. B. Eerdmans Publishing. This book was released on 1999 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the concept of natural law took center stage during the Middle Ages, the theological aspects of this august intellectual tradition have been largely forgotten by the modern church. In this book ethicist Jean Porter shows the continuing significance of the natural law tradition for Christian ethics. Based on a careful analysis of natural law as it emerged in the medieval period, Porter's work explores several important scholastic theologians and canonists whose writings are not only worthy of study in their own right but also make important contributions to moral reflection today.
Book Synopsis Natural Law, Laws of Nature, Natural Rights by : Francis Oakley
Download or read book Natural Law, Laws of Nature, Natural Rights written by Francis Oakley and published by A&C Black. This book was released on 2005-09-22 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice Outstanding Academic Title 2006 The existence and grounding of human or natural rights is a heavily contested issue today, not only in the West but in the debates raging between "fundamentalists" and "liberals" or "modernists in the Islamic world. So, too, are the revised versions of natural law espoused by thinkers such as John Finnis and Robert George. This book focuses on three bodies of theory that developed between the thirteenth and seventeenth centuries: (1) the foundational belief in the existence of a moral/juridical natural law, embodying universal norms of right and wrong and accessible to natural human reason; (2) the understanding of (scientific) uniformities of nature as divinely imposed laws, which rose to prominence in the seventeenth century; and (3), finally, the notion that individuals are bearers of inalienable natural or human rights. While seen today as distinct bodies of theory often locked in mutual conflict, they grew up inextricably intertwines. The book argues that they cannot be properly understood if taken each in isolation from the others.
Book Synopsis Proportionalism and the Natural Law Tradition by : Christopher Robert Kaczor
Download or read book Proportionalism and the Natural Law Tradition written by Christopher Robert Kaczor and published by CUA Press. This book was released on 2002 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work argues against the plausibility against proportionalism and its first proponents, namely Peter Knauer, Joseph Fuchs, Louis Janssens, and Richard McCormick. Examining the genealogy of the movement, it disputes a received history that depicts proportionalism as a recovery of Thomas Aquinas.
Book Synopsis The Cambridge Companion to Duns Scotus by : Thomas Williams
Download or read book The Cambridge Companion to Duns Scotus written by Thomas Williams and published by Cambridge University Press. This book was released on 2003 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Table of contents
Book Synopsis The Oxford Handbook of European Legal History by : Heikki Pihlajamäki
Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Book Synopsis A Comparative Analysis of Cicero and Aquinas by : Charles P. Nemeth
Download or read book A Comparative Analysis of Cicero and Aquinas written by Charles P. Nemeth and published by Bloomsbury Publishing. This book was released on 2017-05-18 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Comparative Analysis of Cicero and Aquinas, Charles P. Nemeth investigates how, despite their differences, these two figures may be the most compatible brothers in ideas ever conceived in the theory of natural law. Looking to find common threads that run between the philosophies of these two great thinkers of the Classical and Medieval periods, this book aims to determine whether or not there exists a common ground whereby ethical debates and dilemmas can be evaluated. Does comparison between Cicero and Aquinas offer a new pathway for moral measure, based on defined and developed principles? Do they deliver certain moral and ethical principles for human life to which each agree? Instead of a polemical diatribe, comparison between Cicero and Aquinas may edify a method of compromise and afford a more or less restrictive series of judgements about ethical quandaries.
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 Rediscovering the Natural Law in Reformed Theological Ethics by : Stephen J. Grabill
Download or read book Rediscovering the Natural Law in Reformed Theological Ethics written by Stephen J. Grabill and published by Wm. B. Eerdmans Publishing. This book was released on 2006-10-05 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is knowledge of right and wrong written on the human heart? Do people know God from the world around them? Does natural knowledge contribute to Christian doctrine? While these questions of natural theology and natural law have historically been part of theological reflection, the radical reliance of twentieth-century Protestant theologians on revelation has eclipsed this historic connection. Stephen Grabill attempts the treacherous task of reintegrating Reformed Protestant theology with natural law by appealing to Reformation-era theologians such as John Calvin, Peter Martyr Vermigli, Johannes Althusius, and Francis Turretin, who carried over and refined the traditional understanding of this key doctrine. Rediscovering the Natural Law in Reformed Theological Ethics calls Christian ethicists, theologians, and laypersons to take another look at this vital element in the history of Christian ethical thought.
Download or read book Nature as Reason written by Jean Porter and published by Wm. B. Eerdmans Publishing. This book was released on 2005 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This noteworthy book develops a new theory of the natural law that takes its orientation from the account of the natural law developed by Thomas Aquinas, as interpreted and supplemented in the context of scholastic theology in the twelfth and thirteenth centuries. Though this history might seem irrelevant to twenty-first-century life, Jean Porter shows that the scholastic approach to the natural law still has much to contribute to the contemporary discussion of Christian ethics. Aquinas and his interlocutors provide a way of thinking about the natural law that is distinctively theological while at the same time remaining open to other intellectual perspectives, including those of science. In the course of her work, Porter examines the scholastics' assumptions and beliefs about nature, Aquinas's account of happiness, and the overarching claim that reason can generate moral norms. Ultimately, Porter argues that a Thomistic theory of the natural law is well suited to provide a starting point for developing a more nuanced account of the relationship between specific beliefs and practices. While Aquinas's approach to the natural law may not provide a system of ethical norms that is both universally compelling and detailed enough to be practical, it does offer something that is arguably more valuable -- namely, a way of reflecting theologically on the phenomenon of human morality.
Book Synopsis The Cambridge Companion to Medieval Ethics by : Thomas Williams
Download or read book The Cambridge Companion to Medieval Ethics written by Thomas Williams and published by Cambridge University Press. This book was released on 2019 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers historical and topical chapters on the whole range of medieval ethical thought in Christian, Jewish, and Islamic philosophy.
Author :Simon P. Kennedy Publisher :Edinburgh Studies in Comparative Political Theory and Intellectual History ISBN 13 :9781474493994 Total Pages :0 pages Book Rating :4.4/5 (939 download)
Book Synopsis Reforming the Law of Nature by : Simon P. Kennedy
Download or read book Reforming the Law of Nature written by Simon P. Kennedy and published by Edinburgh Studies in Comparative Political Theory and Intellectual History. This book was released on 2023-11-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uncovers the relationship between early modern natural law ideas and secular conceptions of politics.
Book Synopsis The Changing Profile of Natural Law by : M B Crowe
Download or read book The Changing Profile of Natural Law written by M B Crowe and published by Martinus Nijhoff Publishers. This book was released on 1978-02 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Oxford Handbook of Jurisprudence and Philosophy of Law by : Jules Coleman
Download or read book The Oxford Handbook of Jurisprudence and Philosophy of Law written by Jules Coleman and published by OUP Oxford. This book was released on 2004-01-22 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship.
Book Synopsis Thomas Hobbes and the Natural Law Tradition by : Norberto Bobbio
Download or read book Thomas Hobbes and the Natural Law Tradition written by Norberto Bobbio and published by University of Chicago Press. This book was released on 1993-03-15 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pre-eminent among European political philosophers, Norberto Bobbio has throughout his career turned to the political theory of Thomas Hobbes. Gathered here for the first time are the most important of his essays which together provide both a valuable introduction to Hobbes's thought and a fresh understanding of Hobbes's place in the theory of modern politics. Tracing Hobbes's work through De Cive and Leviathan, Bobbio identifies the philosopher's relation to the tradition of natural law. That Hobbes must now be understood in both this tradition as well as in the seemingly contradictory positivist tradition becomes clear for the first time in Bobbio's account. Bobbio also demonstrates that Hobbes cannot be easily labelled "liberal" or "totalitarian"; in Bobbio's provocative analysis of Hobbes's justification of the state, Hobbes emerges as a true conservative. Though his primary concern is to reconstruct the inner logic of Hobbes's thought, Bobbio is also attentive to the philosopher's biography and weaves into his analysis details of Hobbes's life and world—his exile in France, his relation with the Mersenne circle, his disputes with Anglican bishops, and accusations of heresy leveled against him. The result is a revealing, thoroughly new portrait of the first theorist of the modern state.
