Knowing the Natural Law

Knowing the Natural Law PDF Author: Steven J. Jensen
Publisher: CUA Press
ISBN: 081322733X
Category : Philosophy
Languages : en
Pages : 249

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Book Description
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.

Knowing the Natural Law

Knowing the Natural Law PDF Author: Steven J. Jensen
Publisher: CUA Press
ISBN: 081322733X
Category : Philosophy
Languages : en
Pages : 249

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Book Description
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.

Thomas Hobbes and the Natural Law

Thomas Hobbes and the Natural Law PDF Author: Kody W. Cooper
Publisher: University of Notre Dame Pess
ISBN: 0268103046
Category : Philosophy
Languages : en
Pages : 440

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Book Description
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.

The Cambridge Companion to Natural Law Ethics

The Cambridge Companion to Natural Law Ethics PDF Author: Tom Angier
Publisher: Cambridge University Press
ISBN: 1108422632
Category : Law
Languages : en
Pages : 359

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Book Description
How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.

Natural Law in Court

Natural Law in Court PDF Author: R. H. Helmholz
Publisher: Harvard University Press
ISBN: 0674504615
Category : Law
Languages : en
Pages : 285

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Book Description
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.

Natural Law and the Nature of Law

Natural Law and the Nature of Law PDF Author: Jonathan Crowe
Publisher: Cambridge University Press
ISBN: 1108498302
Category : History
Languages : en
Pages : 275

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Book Description
Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.

Natural Law Theory

Natural Law Theory PDF Author: Robert P. George
Publisher: Oxford University Press
ISBN: 9780198235521
Category : Law
Languages : en
Pages : 388

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Book Description
Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and religious studies. This volume presents twelve original essays by leading natural law theorists and their critics. The contributors discuss natural law theories of morality, law and legal reasoning, politics, and the rule of law. Readers get a clear sense of the wide diversity of viewpoints represented among contemporary theorists, and an opportunity to evaluate the arguments and counterarguments exchanged in the current debates between natural law theorists and their critics. Contributors include Hadley Arkes, Joseph M. Boyle, Jr., John Finnis, Robert P. George, Russell Hittinger, Neil MacCormick, Michael Moore, Jeffrey Stout, Joseph Raz, Jeremy Waldron, Lloyd Weinreb, and Ernest Weinrib.

Aquinas's Theory of Natural Law

Aquinas's Theory of Natural Law PDF Author: Anthony J. Lisska
Publisher: Oxford University Press, USA
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 342

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Book Description
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 Critique of the New Natural Law Theory

A Critique of the New Natural Law Theory PDF Author: Russell Hittinger
Publisher: University of Notre Dame Press
ISBN:
Category : Law
Languages : en
Pages : 250

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Book Description
In this volume Russell Hittinger presents a comprehensive and critical treatment of the attempt to restate and defend a theory of natural law, particularly as proposed by Germain Grisez and John Finnis. A Critique of the New Natural Law Theory begins by examining the positions of various moral philosophers such as Alasdair MacIntyre, Alan Donogan, Elizabeth Anscombe, and Stanley Hauerwas, who wish to recover particular facets of premodern ethics. Hittinger then explores the work of Grisez and Finnis, who claim to have recovered natural law in a manner that avoids the standard objections brought against it since the Enlightenment; they thus claim to have recovered natural law theory available once again for moral theology. Hittinger examines this new theory for internal coherence and consistency. In addition, he examines whether it is sufficiently comprehensive to explicate the religious, anthropological, and metaphysical questions that bear upon natural law ethics. He argues that the new natural law theory fails because it does not take into account philosophical anthropology and metaphysics. It cannot show how and why "nature" is normative for human activity. Hittinger concludes that if natural law theory is to be recovered, we must discover how to constructively bring theoretical rationality to bear upon ethics and practical rationality. Until this is done, he asserts, we will not have a defensible theory of natural law.

Natural Law

Natural Law PDF Author: Howard P. Kainz
Publisher: Open Court Publishing
ISBN: 9780812694543
Category : Law
Languages : en
Pages : 172

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Book Description
Is there such a thing as an objective law of morality? Natural law theorists maintain that there is, and Natural Law probes the history and implications of this powerful concept. Tracing the development of natural law from ancient times to the present, the book also examines the leading figures, transitions, and turning points in the idea's evolution, and brings a natural law approach to contemporary issues such as abortion, homosexuality, and assisted suicide.

Natural Law and Practical Rationality

Natural Law and Practical Rationality PDF Author: Mark C. Murphy
Publisher: Cambridge University Press
ISBN: 9780521802291
Category : Law
Languages : en
Pages : 306

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Book Description
A defense of a contemporary natural law theory of practical rationality.