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Author: Riccardo Saccenti
Publisher: University of Notre Dame Pess
ISBN: 0268100438
Category : Law
Languages : en
Pages : 137
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Book Description
In Debating Medieval Natural Law: A Survey, Riccardo Saccenti examines and evaluates the major lines of interpretation of the medieval concepts of natural rights and natural law within the twentieth and early twenty-first centuries and explains how the major historiographical interpretations of ius naturale and lex naturalis have changed. His bibliographical survey analyzes not only the chronological evolution of various interpretations of natural law but also how they differ, in an effort to shed light on the historical debate and on the medieval roots of modern human rights theories. Saccenti critically examines the historical analyses of the major historians of medieval political and legal thought while addressing how to further research on the subject. His perspective interlaces different disciplinary points of view: history of philosophy, as well as history of canon and civil law and history of theology. By focusing on a variety of disciplines, Saccenti creates an opportunity to evaluate each interpretation of medieval lex naturalis in terms of the area it enlightens and within specific cultural contexts. His survey is a basis for future studies concerning this topic and will be of interest to scholars of the history of law and, more generally, of the history of ideas in the twentieth century.
Author: Riccardo Saccenti
Publisher: University of Notre Dame Pess
ISBN: 0268100438
Category : Law
Languages : en
Pages : 137
Get Book Here
Book Description
In Debating Medieval Natural Law: A Survey, Riccardo Saccenti examines and evaluates the major lines of interpretation of the medieval concepts of natural rights and natural law within the twentieth and early twenty-first centuries and explains how the major historiographical interpretations of ius naturale and lex naturalis have changed. His bibliographical survey analyzes not only the chronological evolution of various interpretations of natural law but also how they differ, in an effort to shed light on the historical debate and on the medieval roots of modern human rights theories. Saccenti critically examines the historical analyses of the major historians of medieval political and legal thought while addressing how to further research on the subject. His perspective interlaces different disciplinary points of view: history of philosophy, as well as history of canon and civil law and history of theology. By focusing on a variety of disciplines, Saccenti creates an opportunity to evaluate each interpretation of medieval lex naturalis in terms of the area it enlightens and within specific cultural contexts. His survey is a basis for future studies concerning this topic and will be of interest to scholars of the history of law and, more generally, of the history of ideas in the twentieth century.
Author: Petar Popovic
Publisher: CUA Press
ISBN: 0813235502
Category : Law
Languages : en
Pages : 328
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Book Description
This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.
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.
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.
Author: Chris Jones
Publisher: Taylor & Francis
ISBN: 1000898326
Category : History
Languages : en
Pages : 325
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Book Description
This collection of essays, written by leading experts, showcases historiographical problems, fresh interpretations, and new debates in medieval and Renaissance history and political thought. Recent scholarship on medieval and Renaissance political thought is witness to tectonic movements. These involve quiet, yet considerable, re-evaluations of key thinkers such as Thomas Aquinas and Machiavelli, as well as the string of lesser known "political thinkers" who wrote in western Europe between Late Antiquity and the Reformation. Taking stock of thirty years of developments, this volume demonstrates the contemporary vibrancy of the history of medieval and Renaissance political thought. By both celebrating and challenging the perspectives of a generation of scholars, notably Cary J. Nederman, it offers refreshing new assessments. The book re-introduces the history of western political thought in the Middle Ages and the Renaissance to the wider disciplines of History and Political Science. Recent historiographical debates have revolutionized discussion of whether or not there was an "Aristotelian revolution" in the thirteenth century. Thinkers such as Machiavelli and Marsilius of Padua are read in new ways; less well-known texts, such as the Irish On the Twelve Abuses of the Age, offer new perspectives. Further, the collection argues that medieval political ideas contain important lessons for the study of concepts of contemporary interest such as toleration. The volume is an ideal resource for both students and scholars interested in medieval and Renaissance history as well as the history of political thought.
Author: Mónica García-Salmones Rovira
Publisher: Cambridge University Press
ISBN: 1009332163
Category : Law
Languages : en
Pages : 487
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Book Description
To understand our current world crises, it is essential to study the origins of the systems and institutions we now take for granted. This book takes a novel approach to charting intellectual, scientific, and philosophical histories alongside the development of the international legal order by studying the philosophy and theology of the Scientific Revolution and its impact on European natural law, political liberalism, and political economy. Starting from analysis of the work of Thomas Hobbes, Robert Boyle and John Locke on natural law, the author incorporates a holistic approach that encompasses global matters beyond the foundational matters of treaties and diplomacy. The monograph promotes a sustainable transformation of international law in the context of related philosophy, history, and theology. Tackling issues such as nature, money, necessities, human nature, secularism, and epistemology which underlie natural lawyers' thinking, Dr García-Salmones explains their enduring relevance for international legal studies today.
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: Oleg Bychkov
Publisher: Fordham University Press
ISBN: 082329885X
Category : Philosophy
Languages : en
Pages : 307
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Book Description
A Reader in Early Franciscan Theology presents for the first time in English key passages from the Summa Halensis, one of the first major installments in the summa genre for which scholasticism became famous. This systematic work of philosophy and theology was collaboratively written mostly between 1236 and 1245 by the founding members of the Franciscan school, such as Alexander of Hales and John of La Rochelle, who worked at the recently founded University of Paris. Modern scholarship has often dismissed this early Franciscan intellectual tradition as unoriginal, merely systematizing the Augustinian tradition in light of the rediscovery of Aristotle, paving the way for truly revolutionary figures like John Duns Scotus. But as the selections in this reader show, it was this earlier generation that initiated this break with precedent. The compilers of the Summa Halensis first articulated many positions that eventually become closely associated with the Franciscan tradition on issues like the nature of God, the proof for God’s existence, free will, the transcendentals, and Christology. This book is essential reading for anyone wishing to understand the ways in which medieval thinkers employed philosophical concepts in a theological context as well as the evolution of Franciscan thought and its legacy to modernity. A Reader in Early Franciscan Theology is available from the publisher on an open-access basis.
Author: Lydia Schumacher
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110685086
Category : Literary Criticism
Languages : en
Pages : 502
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Book Description
For generations, early Franciscan thought has been widely regarded as unoriginal: a mere attempt to systematize the longstanding intellectual tradition of Augustine in the face of the rising popularity of Aristotle. This volume brings together leading scholars in the field to undertake a major study of the major doctrines and debates of the so-called Summa Halensis (1236-45), which was collaboratively authored by the founding members of the Franciscan school at Paris, above all, Alexander of Hales, and John of La Rochelle, in an effort to lay down the Franciscan intellectual tradition or the first time. The contributions will highlight that this tradition, far from unoriginal, laid the groundwork for later Franciscan thought, which is often regarded as formative for modern thought. Furthermore, the volume shows the role this Summa played in the development of the burgeoning field of systematic theology, which has its origins in the young university of Paris. This is a crucial and groundbreaking study for those with interests in the history of western thought and theology specifically.
Author: Benjamin Straumann
Publisher: Cambridge University Press
ISBN: 1107092906
Category : History
Languages : en
Pages : 287
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Book Description
This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
