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Author: Hadley Arkes
Publisher: Cambridge University Press
ISBN: 9780521812184
Category : Law
Languages : en
Pages : 326
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Book Description
Publisher Description
Author: Hadley Arkes
Publisher: Cambridge University Press
ISBN: 9780521812184
Category : Law
Languages : en
Pages : 326
Get Book Here
Book Description
Publisher Description
Author: Ellen Frankel Paul
Publisher: Cambridge University Press
ISBN: 9780521615143
Category : Law
Languages : en
Pages : 428
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Book Description
"The essays in this book have also been published, without introduction and index, in the semiannual journal Social philosophy & policy, volume 22, number 1"--T.p. verso. Includes bibliographical references and index.
Author: S. Adam Seagrave
Publisher: University of Chicago Press
ISBN: 022612357X
Category : Philosophy
Languages : en
Pages : 185
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Book Description
Recent years have seen a renaissance of interest in the relationship between natural law and natural rights. During this time, the concept of natural rights has served as a conceptual lightning rod, either strengthening or severing the bond between traditional natural law and contemporary human rights. Does the concept of natural rights have the natural law as its foundation or are the two ideas, as Leo Strauss argued, profoundly incompatible? With The Foundations of Natural Morality, S. Adam Seagrave addresses this controversy, offering an entirely new account of natural morality that compellingly unites the concepts of natural law and natural rights. Seagrave agrees with Strauss that the idea of natural rights is distinctly modern and does not derive from traditional natural law. Despite their historical distinctness, however, he argues that the two ideas are profoundly compatible and that the thought of John Locke and Thomas Aquinas provides the key to reconciling the two sides of this long-standing debate. In doing so, he lays out a coherent concept of natural morality that brings together thinkers from Plato and Aristotle to Hobbes and Locke, revealing the insights contained within these disparate accounts as well as their incompleteness when considered in isolation. Finally, he turns to an examination of contemporary issues, including health care, same-sex marriage, and the death penalty, showing how this new account of morality can open up a more fruitful debate.
Author: Richard Tuck
Publisher: Cambridge University Press
ISBN: 9780521285094
Category : History
Languages : en
Pages : 200
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Book Description
The origins of natural rights theories in medieval Europe and their development in the seventeenth century.
Author: Francis Oakley
Publisher: A&C Black
ISBN: 0826417655
Category : Philosophy
Languages : en
Pages : 144
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Book Description
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.
Author: Nigel Biggar
Publisher: Oxford University Press, USA
ISBN: 0198861974
Category : Philosophy
Languages : en
Pages : 375
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Book Description
What's Wrong with Rights? argues that contemporary rights-talk obscures the importance civic virtue, military effectiveness and the democratic law legitimacy. It draws upon legal and moral philosophy, moral theology, and court judgments. It spans discussions from medieval Christendom to contemporary debates about justified killing.
Author: Brian Tierney
Publisher: Wm. B. Eerdmans Publishing
ISBN: 9780802848543
Category : Law
Languages : en
Pages : 400
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Book Description
This series, originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.
Author: Leo Strauss
Publisher: University of Chicago Press
ISBN: 022622645X
Category : Political Science
Languages : en
Pages : 337
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Book Description
In this classic work, Leo Strauss examines the problem of natural right and argues that there is a firm foundation in reality for the distinction between right and wrong in ethics and politics. On the centenary of Strauss's birth, and the fiftieth anniversary of the Walgreen Lectures which spawned the work, Natural Right and History remains as controversial and essential as ever. "Strauss . . . makes a significant contribution towards an understanding of the intellectual crisis in which we find ourselves . . . [and] brings to his task an admirable scholarship and a brilliant, incisive mind."—John H. Hallowell, American Political Science Review Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus in Political Science at the University of Chicago.
Author: Hadley Arkes
Publisher: Simon and Schuster
ISBN: 1684513014
Category : Law
Languages : en
Pages : 338
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Book Description
Hadley Arkes, groundbreaking legal philosopher and acolyte of legendary political thinker Leo Strauss, takes a sledgehammer to both legal relativism and originalism, arguing that the principles the Founders embodied in the U.S. Constitution are built in to the general human condition, and that the path away from national dysfunction and ruin lies in reinvigorating our understanding of these innate moral principles and reapplying them to modern life. Mere Natural Law seeks to recover, for a new generation, the understanding of natural law that has never been learned by the lawyers and judges of our day. And it does that in part by returning to the American Founders, in their understanding of those axioms, or necessary truths, that form the moral ground of our law.
Author: Michael Zuckert
Publisher: Princeton University Press
ISBN: 1400821525
Category : Philosophy
Languages : en
Pages : 418
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Book Description
In Natural Rights and the New Republicanism, Michael Zuckert proposes a new view of the political philosophy that lay behind the founding of the United States. In a book that will interest political scientists, historians, and philosophers, Zuckert looks at the Whig or opposition tradition as it developed in England. He argues that there were, in fact, three opposition traditions: Protestant, Grotian, and Lockean. Before the English Civil War the opposition was inspired by the effort to find the "one true Protestant politics--an effort that was seen to be a failure by the end of the Interregnum period. The Restoration saw the emergence of the Whigs, who sought a way to ground politics free from the sectarian theological-scriptural conflicts of the previous period. The Whigs were particularly influenced by the Dutch natural law philosopher Hugo Grotius. However, as Zuckert shows, by the mid-eighteenth century John Locke had replaced Grotius as the philosopher of the Whigs. Zuckert's analysis concludes with a penetrating examination of John Trenchard and Thomas Gordon, the English "Cato," who, he argues, brought together Lockean political philosophy and pre-existing Whig political science into a new and powerful synthesis. Although it has been misleadingly presented as a separate "classical republican" tradition in recent scholarly discussions, it is this "new republicanism" that served as the philosophical point of departure for the founders of the American republic.
