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Author: Riccardo Saccenti
Publisher: University of Notre Dame Pess
ISBN: 0268100438
Category : Law
Languages : en
Pages : 144
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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 : 144
Get Book
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: Dominic Farrell
Publisher: CUA Press
ISBN: 0813235383
Category : Law
Languages : en
Pages : 241
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Book Description
Reflection on natural law reaches a highpoint during the Middle Ages. Not only do Christian thinkers work out the first systematic accounts of natural law and articulate the framework for subsequent reflection, the Jewish and Islamic traditions also develop their own canonical statements on the moral authority of reason vis-à-vis divine law. In the view of some, they thereby articulate their own theories of natural law. These various traditions of medieval reflection on natural law, and their interrelation, merit further study, particularly since they touch upon many current philosophical concerns. They grapple with the problem of ethical and religious pluralism. They consider whether universally valid standards of action and social life are accessible to those who rely on reason rather than divine law. In so doing, they develop sophisticated accounts of many central issues in metaethics, action theory, jurisprudence, and the philosophy of religion. However, do they reach a consensus about natural law, or do they end up defending incommensurable ethical frameworks? Do they confirm the value of arguments based on natural law or do they cast doubt on it? This collection brings together contributions from various expert scholars to explore these issues and the pluralism that exists within medieval reflection on natural law. It is the first one to study the relation between the natural law theories of these various traditions of medieval philosophy: Jewish, Islamic, Byzantine, and Latin. Each of the first four essays surveys the ‘natural law theory’ of one of the religious traditions of medieval philosophy—Jewish, Islamic, Byzantine, and Latin—and its relation to the others. The next four essays explore some of the alternative accounts of natural law that arise within the Latin tradition. They range over St. Bonaventure, Peter of Tarentaise, Matthew of Aquasparta, John Duns Scotus, and Marsilius of Padua.
Author: Tom Angier
Publisher: Cambridge University Press
ISBN: 1108422632
Category : Philosophy
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: 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: Stephen A. State
Publisher: Routledge
ISBN: 113405047X
Category : Philosophy
Languages : en
Pages : 276
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Book Description
The argument laid out in this book discusses and interprets the work of Hobbes in relation to religion. It compares a traditional interpretation of Hobbes where Hobbes’ use of conventional terminology when talking about natural law is seen as ironic or merely convenient despite an atheist viewpoint, with the view that Hobbes’ morality is truly traditional and Christian. The book considers other thinkers of the age in tandem with Hobbes and discusses in detail his theology inspired by corporeal mechanics. The position is that there are significant senses in which Hobbes can be said to be a traditional natural law theorist.
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: Raymond A. Whiting
Publisher: Bloomsbury Publishing USA
ISBN: 0313076049
Category : Law
Languages : en
Pages : 234
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Book Description
While other books deal with the contemporary issue of the right to die, no attempt has been made to demonstrate substantially the historic nature of this question beyond the borders of the United States. Whiting demonstrates that the right to die controversy stretches back more than two thousand years, and he explains how current attitudes and practices in the U.S. have been influenced by the legal and cultural development of the ancient western world. This perspective allows the reader to understand not only the origins of the controversy, but also the different perspectives that each age has contributed to the ongoing debate. Whiting discusses the development of legal rights within both western culture and the United States, then applies these developments to the question of the right to die. In an environment of public debate that features such emotional events as the exploits of Jack Kevorkian, the publication of how to suicide manuals, and the counterattacks of Right to Life groups, the United States is left with very few options.
Author: Brenda Deen Schildgen
Publisher: University of Notre Dame Pess
ISBN: 0268200661
Category : Literary Criticism
Languages : en
Pages : 393
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Book Description
This study explores how Dante represents violence in the Comedy and reveals the connection between contemporary private and public violence and civic and canon law violations. Although a number of articles have addressed particular aspects of violence in discrete parts of Dante’s oeuvre, a systematic treatment of violence in the Commedia is lacking. This ambitious overview of violence in Dante’s literary works and his world examines cases of violence in the domestic, communal, and cosmic spheres while taking into account medieval legal approaches to rights and human freedom that resonate with the economy of justice developed in the Commedia. Exploring medieval concerns with violence both in the home and in just war theory, as well as the Christian theology of the Incarnation and Redemption, Brenda Deen Schildgen examines violence in connection to the natural rights theory expounded by canon lawyers beginning in the twelfth century. Partially due to the increased attention to its Greco-Roman cultural legacy, the twelfth-century Renaissance produced a number of startling intellectual developments, including the emergence of codified canon law and a renewed interest in civil law based on Justinian’s sixth-century Corpus juris civilis. Schildgen argues that, in addition to “divine justice,” Dante explores how the human system of justice, as exemplified in both canon and civil law and based on natural law and legal concepts of human freedom, was consistently violated in the society of his era. At the same time, the redemptive violence of the Crucifixion, understood by Dante as the free act of God in choosing the Incarnation and death on the cross, provides the model for self-sacrifice for the communal good. This study, primarily focused on Dante’s representation of his contemporary reality, demonstrates that the punishments and rewards in Dante’s heaven and hell, while ostensibly a staging of his vision of eternal justice, may in fact be a direct appeal to his readers to recognize the crimes that pervade their own world. Dante and Violence will have a wide readership, including students and scholars of Dante, medieval culture, violence, and peace studies.
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: Lloyd L. Weinreb
Publisher: Harvard University Press
ISBN: 9780674604261
Category : Law
Languages : en
Pages : 340
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Book Description
"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.
