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Author: Benjamin Fletcher Wright
Publisher: Routledge
ISBN: 1351532669
Category : Philosophy
Languages : en
Pages : 275
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Book Description
This book illustrates the deep roots of natural law doctrines in America's political culture. Originally published in 1931, the volume shows that American interpretations of natural law go to the philosophical heart of the American regime. The Declaration of Independence is the preeminent example of natural law in American political thought it is the self-evident truth of American society.Benjamin Wright proposes that the decline of natural law as a guiding factor in American political behaviour is inevitable as America's democracy matures and broadens. What Wright also chronicled, inadvertently, was how the progressive critique of natural law has opened a rift between and among some of the ruling elites and large numbers of Americans who continue to accept it. Progressive elites who reject natural law do not share the same political culture as many of their fellow citizens.Wright's work is important because, as Leo Strauss and others have observed, the decline of natural law is a development that has not had a happy ending in other societies in the twentieth century. There is no reason to believe it will be different in the United States.
Author: Benjamin Fletcher Wright
Publisher: Routledge
ISBN: 1351532669
Category : Philosophy
Languages : en
Pages : 275
Get Book Here
Book Description
This book illustrates the deep roots of natural law doctrines in America's political culture. Originally published in 1931, the volume shows that American interpretations of natural law go to the philosophical heart of the American regime. The Declaration of Independence is the preeminent example of natural law in American political thought it is the self-evident truth of American society.Benjamin Wright proposes that the decline of natural law as a guiding factor in American political behaviour is inevitable as America's democracy matures and broadens. What Wright also chronicled, inadvertently, was how the progressive critique of natural law has opened a rift between and among some of the ruling elites and large numbers of Americans who continue to accept it. Progressive elites who reject natural law do not share the same political culture as many of their fellow citizens.Wright's work is important because, as Leo Strauss and others have observed, the decline of natural law is a development that has not had a happy ending in other societies in the twentieth century. There is no reason to believe it will be different in the United States.
Author: Andrew Forsyth
Publisher: Cambridge University Press
ISBN: 110847697X
Category : Law
Languages : en
Pages : 173
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Book Description
Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Author: Stuart Banner
Publisher: Oxford University Press
ISBN: 0197556493
Category : Law
Languages : en
Pages : 265
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Book Description
The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.
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.
Author: David M. Lantigua
Publisher: Cambridge University Press
ISBN: 1108498264
Category : Law
Languages : en
Pages : 373
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Book Description
Examines early modern Spanish contributions to international relations by focusing on ambivalence of natural rights in European colonial expansion to the Americas.
Author: Vincent W. Lloyd
Publisher: Oxford University Press
ISBN: 0199362181
Category : Philosophy
Languages : en
Pages : 201
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Book Description
Black Natural Law offers a new way of understanding the African American political tradition. Iconoclastically attacking left (including James Baldwin and Audre Lorde), right (including Clarence Thomas and Ben Carson), and center (Barack Obama), Vincent William Lloyd charges that many Black leaders today embrace secular, white modes of political engagement, abandoning the deep connections between religious, philosophical, and political ideas that once animated Black politics. By telling the stories of Frederick Douglass, Anna Julia Cooper, W. E. B. Du Bois, and Martin Luther King, Jr., Lloyd shows how appeals to a higher law, or God's law, have long fueled Black political engagement. Such appeals do not seek to implement divine directives on earth; rather, they pose a challenge to the wisdom of the world, and they mobilize communities for collective action. Black natural law is deeply democratic: while charismatic leaders may provide the occasion for reflection and mobilization, all are capable of discerning the higher law using our human capacities for reason and emotion. At a time when continuing racial injustice poses a deep moral challenge, the most powerful intellectual resources in the struggle for justice have been abandoned. Black Natural Law recovers a rich tradition, and it examines just how this tradition was forgotten. A Black intellectual class emerged that was disconnected from social movement organizing and beholden to white interests. Appeals to higher law became politically impotent: overly rational or overly sentimental. Recovering the Black natural law tradition provides a powerful resource for confronting police violence, mass incarceration, and today's gross racial inequities. Black Natural Law will change the way we understand natural law, a topic central to the Western ethical and political tradition. While drawing particularly on African American resources, Black Natural Law speaks to all who seek politics animated by justice.
Author: Robert A. Katzmann
Publisher: Oxford University Press
ISBN: 0199362149
Category : Law
Languages : en
Pages : 184
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Book Description
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
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.
Author: George Duke
Publisher: Cambridge University Press
ISBN: 110715703X
Category : Foreign Language Study
Languages : en
Pages : 193
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Book Description
This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.
Author: Simone Zurbuchen
Publisher: BRILL
ISBN: 9004384200
Category : Law
Languages : en
Pages : 347
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Book Description
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.
