Analytical Legal Naturalism

Analytical Legal Naturalism PDF

Author: Samuel Zinaich, Jr.

Publisher: Rowman & Littlefield

Published: 2020-07-15

Total Pages: 207

ISBN-13: 1498598803

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In legal jurisprudence, the phenomenon of “hard cases” presents itself as a dilemma between the legal positivists and the natural law realists. Of the former, without the metaphysical underpinnings of an objective legal or moral standard, the legal positivists cannot supply convincing arguments to supplant the sovereign as the origin and authority of law. The natural law realists face the problem of justifying the natural law. Against both views, S. Zinaich Jr. defends a middle position, Analytical Legal Naturalism (ALN). It represents an analytic norm, both necessarily true and known a posteriori. Against the legal positivists, it supplies an objective legal standard by removing--at least for hard cases--the necessity of the will of a sovereign authority. Against the natural law realists, ALN provides a nonmoral standard which, because of its analyticity and necessity, avoids the need for metaethical speculation. Finally, ALN provides a standard that not only supplies the universalizable punch to avoid political subjectivism, but does so in a conventional manner. Thus, ALN does not require a moral or modal reality as truth-making characteristics. Rather, it makes what is legally valuable or disvaluable dependent upon empirically verifiable facts that are legally relevant.

Analytical Legal Naturalism

Analytical Legal Naturalism PDF

Author: S. ZINAICH (JR.)

Publisher: Lexington Books

Published: 2020-05-15

Total Pages: 240

ISBN-13: 9781498598798

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This book argues that analytical legal naturalism, which avoids the arbitrary principles associated with legal positivism and the odd properties associated with natural law, is a superior alternative for solving hard legal cases, where no close precedent arises or where conflicting precedents seem relevant.

Legal Naturalism

Legal Naturalism PDF

Author: Olufemi Taiwo

Publisher: Cornell University Press

Published: 2015-11-12

Total Pages: 228

ISBN-13: 1501701746

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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.

Knowing the Natural Law

Knowing the Natural Law PDF

Author: Steven J. Jensen

Publisher: CUA Press

Published: 2015-03-26

Total Pages: 249

ISBN-13: 081322733X

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Knowing the Natural Law traces the thought of Aquinas from an understanding of human nature to a knowledge of the human good, from there to an account of ought-statements, and finally to choice, which issues in human actions. The much discussed article on the precepts of the natural law (I-II, 94, 2) provides the framework for a natural law rooted in human nature and in speculative knowledge. Practical knowledge is itself threefold: potentially practical knowledge, virtually practical knowledge, and fully practical knowledge.

A Comparative Analysis of Cicero and Aquinas

A Comparative Analysis of Cicero and Aquinas PDF

Author: Charles P. Nemeth

Publisher: Bloomsbury Publishing

Published: 2017-05-18

Total Pages: 279

ISBN-13: 1350009474

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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.

Naturalizing Jurisprudence

Naturalizing Jurisprudence PDF

Author: Brian Leiter

Publisher: Oxford University Press, USA

Published: 2007

Total Pages: 0

ISBN-13: 9780199206490

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Brian Leiter is widely recognized as the leading philosophical interpreter of the jurisprudence of American Legal Realism, as well as the most influential proponent of the relevance of the naturalistic turn in philosophy to the problems of legal philosophy. This volume collects newly revisedversions of ten of his best-known essays, which set out his reinterpretation of the Legal Realists as prescient philosophical naturalists; critically engage with jurisprudential responses to Legal Realism, from legal positivism to Critical Legal Studies; connect the Realist program to themethodology debate in contemporary jurisprudence; and explore the general implications of a naturalistic world view for problems about the objectivity of law and morality. Leiter has supplied a lengthy new introductory essay, as well as postscripts to several of the essays, in which he responds tochallenges to his interpretive and philosophical claims by academic lawyers and philosophers.This volume will be essential reading for anyone interested in jurisprudence, as well as for philosophers concerned with the consequences of naturalism in moral and legal philosophy.

Naturalism

Naturalism PDF

Author: William Lane Craig

Publisher: Routledge

Published: 2002-01-04

Total Pages: 303

ISBN-13: 113456452X

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Naturalism provides a rigorous analysis and critique of the major varieties of contemporary philosophical naturalism. The authors advocate the thesis that contemporary naturalism should be abandoned, in light of the serious objections raised against it. Contributors draw on a wide range of topics including: epistemology, the philosophy of science, the philosophy of mind and agency, and natural theology.

Aquinas's Theory of Natural Law

Aquinas's Theory of Natural Law PDF

Author: Anthony J. Lisska

Publisher: Oxford University Press, USA

Published: 1996

Total Pages: 342

ISBN-13:

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This new critique of Aquinas's theory of natural law discusses the background of the theory in Aristotle and advances new interpretations of contemporary legal issues which hark back to Aquinas.

A Critical Appraisal of Karl Olivecrona's Legal Philosophy

A Critical Appraisal of Karl Olivecrona's Legal Philosophy PDF

Author: Torben Spaak

Publisher: Springer

Published: 2014-06-17

Total Pages: 284

ISBN-13: 3319061674

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This book offers a critical appraisal of Karl Olivecrona’s legal philosophy. Based on Olivecrona’s critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, the book argues that Olivecrona’s legal philosophy is a unique contribution to twentieth century legal philosophy. It shows how Olivecrona’s philosophy can be used in the assessment of contemporary theories of law, such as those put forward by Hart, Raz, Dworkin, and Alexy. In addition, the book argues that Olivecrona’s various discussions of theories defended by key people in the history of legal and political philosophy are highly interesting contributions. They not only increase our understanding of the legal and political philosophy of previous generations, but also enhances our insight into legal-philosophical questions that remain with us today.

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