Author: Mark C. Murphy
Publisher: Cambridge University Press
ISBN: 1107320925
Category : Philosophy
Languages : en
Pages : 205
Book Description
Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.
Natural Law in Jurisprudence and Politics
Author: Mark C. Murphy
Publisher: Cambridge University Press
ISBN: 1107320925
Category : Philosophy
Languages : en
Pages : 205
Book Description
Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.
Publisher: Cambridge University Press
ISBN: 1107320925
Category : Philosophy
Languages : en
Pages : 205
Book Description
Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.
Natural Law and Practical Rationality
Author: Mark C. Murphy
Publisher: Cambridge University Press
ISBN: 9780521802291
Category : Law
Languages : en
Pages : 306
Book Description
A defense of a contemporary natural law theory of practical rationality.
Publisher: Cambridge University Press
ISBN: 9780521802291
Category : Law
Languages : en
Pages : 306
Book Description
A defense of a contemporary natural law theory of practical rationality.
Normative Jurisprudence
Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Category : Political Science
Languages : en
Pages : 221
Book Description
Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
Publisher: Cambridge University Press
ISBN: 1139504126
Category : Political Science
Languages : en
Pages : 221
Book Description
Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
Natural Law Theory
Author: Tom Angier
Publisher: Cambridge University Press
ISBN: 1108586392
Category : Philosophy
Languages : en
Pages : 118
Book Description
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.
Publisher: Cambridge University Press
ISBN: 1108586392
Category : Philosophy
Languages : en
Pages : 118
Book Description
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.
Natural Law and the Nature of Law
Author: Jonathan Crowe
Publisher: Cambridge University Press
ISBN: 1108498302
Category : History
Languages : en
Pages : 275
Book Description
Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
Publisher: Cambridge University Press
ISBN: 1108498302
Category : History
Languages : en
Pages : 275
Book Description
Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
Aristotle's Legal Theory
Author: George Duke
Publisher: Cambridge University Press
ISBN: 110715703X
Category : Foreign Language Study
Languages : en
Pages : 193
Book Description
This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.
Publisher: Cambridge University Press
ISBN: 110715703X
Category : Foreign Language Study
Languages : en
Pages : 193
Book Description
This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.
The Cambridge Companion to Natural Law Ethics
Author: Tom Angier
Publisher: Cambridge University Press
ISBN: 1108422632
Category : Law
Languages : en
Pages : 359
Book Description
How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.
Publisher: Cambridge University Press
ISBN: 1108422632
Category : Law
Languages : en
Pages : 359
Book Description
How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.
The Cambridge Companion to Natural Law Jurisprudence
Author: George Duke
Publisher: Cambridge University Press
ISBN: 1107120519
Category : Law
Languages : en
Pages : 469
Book Description
This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.
Publisher: Cambridge University Press
ISBN: 1107120519
Category : Law
Languages : en
Pages : 469
Book Description
This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.
Natural Law and Moral Inquiry
Author: Robert P. George
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 304
Book Description
Collects ten essays on Germain Grisez's writings. Topics include the scriptural basis of Grisez's revision of moral theology, contraception, Grisez's metaphysical work, capital punishment, and the political common good in Aquinas. The book includes a response by Grisez and Joseph Boyle, Jr. to the e
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 304
Book Description
Collects ten essays on Germain Grisez's writings. Topics include the scriptural basis of Grisez's revision of moral theology, contraception, Grisez's metaphysical work, capital punishment, and the political common good in Aquinas. The book includes a response by Grisez and Joseph Boyle, Jr. to the e
Legal Naturalism
Author: Olufemi Taiwo
Publisher: Cornell University Press
ISBN: 1501701746
Category : Law
Languages : en
Pages : 228
Book Description
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.
Publisher: Cornell University Press
ISBN: 1501701746
Category : Law
Languages : en
Pages : 228
Book Description
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.