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Author: C. Alford
Publisher: Springer
Published: 2010-05-10
Total Pages: 176
ISBN-13: 0230106722
DOWNLOAD EBOOK →Beginning with Saint Thomas Aquinas and ending with the latest developments in international human rights, 'Narrative, Nature, and the Natural Law: From Aquinas to International Human Rights,' brings a fairly traditional interpretation of the natural law to some rather untraditional problems and areas, including evolutionary natural law.
Author: Craig A. Boyd
Publisher: Baker Books
Published: 2007-11-01
Total Pages: 272
ISBN-13: 9781585585090
DOWNLOAD EBOOK →Morality based on natural law has a long tradition, and has proven to be quite resilient in the face of numerous attacks and challenges over the years. Those challenges are no less serious today, which leads one to ask if natural law is still a viable foundation for ethics. Craig Boyd provides a contemporary defense of natural law theory against modern challenges from the arenas of science, religion, culture, and philosophy. In his analysis, he defends many of the classical elements of natural law, but also takes into account the contributions of scientific discoveries about human nature. He concludes that natural law is a necessary but not sufficient basis for ethics that must be accompanied by a theory of virtue.
Author: Andrew Forsyth
Publisher: Cambridge University Press
Published: 2019-04-11
Total Pages: 173
ISBN-13: 110847697X
DOWNLOAD EBOOK →Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Author: Lloyd L. Weinreb
Publisher: Harvard University Press
Published: 1987
Total Pages: 340
ISBN-13: 9780674604261
DOWNLOAD EBOOK →"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: C. Fred Alford
Publisher: Cambridge University Press
Published: 2006-05-15
Total Pages: 153
ISBN-13: 1139455206
DOWNLOAD EBOOK →Are there universal values of right and wrong, good and bad, shared by virtually every human? The tradition of natural law argues that there is. Drawing on the work of psychoanalyst Melanie Klein, whose analyses have touched upon issues related to original sin, trespass, guilt, and salvation through reparation, in this 2006 book C. Fred Alford adds an extra dimension to this argument: we know natural law to be true because we have hated before we have loved and have wished to destroy before we have wanted to create. Natural law is built upon the desire to make reparation for the goodness we have destroyed, or have longed to destroy. Through reparation, we earn salvation from the most hateful part of ourselves, that which would destroy what we know to be good.
Author: Charles P. Nemeth
Publisher: Bloomsbury Publishing
Published: 2017-05-18
Total Pages: 208
ISBN-13: 1350009474
DOWNLOAD EBOOK →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.
Author: Tom Angier
Publisher: Cambridge University Press
Published: 2021-09-16
Total Pages: 118
ISBN-13: 1108586392
DOWNLOAD EBOOK →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: Charles E. Rice
Publisher: Ignatius Press
Published: 2011-04-27
Total Pages: 420
ISBN-13: 1681490013
DOWNLOAD EBOOK →Charles Rice, professor of the jurisprudence of St. Thomas Aquinas for the last twenty years at Notre Dame Law School, presents a very readable book on the natural law as seen through the teachings of Aquinas and their foundations in reason and Revelation. Reflecting on the most persistent questions asked by his students over the years, Rice shows how the natural law works and how it is rooted in the nature of the human person whose Creator provided this law as a sure and knowable guide for man to achieve his end of eternal happiness. This book presents the teachings of the Catholic Church in her role as arbiter of the applications of the natural law on issues involving the right to live, bioethics, the family and the economy. Charles Rice has produced a firmly grounded and accessible handbook which touches on the most important topics regarding natural law that will benefit readers of all backgrounds.
Author: Simone Zurbuchen
Publisher: BRILL
Published: 2019-11-26
Total Pages: 347
ISBN-13: 9004384200
DOWNLOAD EBOOK →The Law of Nations and Natural Law 1625-1800 offers innovative studies on the development of the law of nations after the Peace of Westphalia. This period was decisive for the origin and constitution of the discipline which eventually emancipated itself from natural law and became modern international law. A specialist on the law of nations in the Swiss context and on its major figure, Emer de Vattel, Simone Zurbuchen prompted scholars to explore the law of nations in various European contexts. The volume studies little known literature related to the law of nations as an academic discipline, offers novel interpretations of classics in the field, and deconstructs ‘myths’ associated with the law of nations in the Enlightenment.
Author: Edoardo Celeste
Publisher: Taylor & Francis
Published: 2022-10-13
Total Pages: 256
ISBN-13: 1000685217
DOWNLOAD EBOOK →Investigating the impact of digital technology on contemporary constitutionalism, this book offers an overview of the transformations that are currently occurring at constitutional level, highlighting their link with ongoing societal changes. It reconstructs the multiple ways in which constitutional law is reacting to these challenges and explores the role of one original response to this phenomenon: the emergence of Internet bills of rights. Over the past few years, a significant number of Internet bills of rights have emerged around the world. These documents represent non-legally binding declarations promoted mostly by individuals and civil society groups that articulate rights and principles for the digital society. This book argues that these initiatives reflect a change in the constitutional ecosystem. The transformations prompted by the digital revolution in our society ferment under a vault of constitutional norms shaped for ‘analogue’ communities. Constitutional law struggles to address all the challenges of the digital environment. In this context, Internet bills of rights, by emerging outside traditional institutional processes, represent a unique response to suggest new constitutional solutions for the digital age. Explaining how constitutional law is reacting to the advent of the digital revolution and analysing the constitutional function of Internet Bills of Rights in this context, this book offers a global comparative investigation of the latest transformations that digital technology is generating in the constitutional ecosystem and highlights the plural and multilevel process that is contributing to shape constitutional norms for the Internet age.
