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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.
Author: R. H. Helmholz
Publisher: Harvard University Press
ISBN: 0674504615
Category : Law
Languages : en
Pages : 285
Get Book Here
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.
Author: Stuart Banner
Publisher: Oxford University Press
ISBN: 0197556493
Category : Common 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: 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: 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.
Author: Jean Porter
Publisher: Wm. B. Eerdmans Publishing
ISBN: 1467434515
Category : Religion
Languages : en
Pages : 512
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Book Description
In Ministers of the Law Jean Porter articulates a theory of legal authority derived from the natural law tradition. As she points out, the legal authority of most traditions rests on their own internal structures, independent of extralegal considerations -- legal houses built on sand, as it were. Natural law tradition, on the other hand, offers a basis for legal authority that goes beyond mere arbitrary commands or social conventions, offering some extralegal authority without compromising the independence and integrity of the law. Yet Porter does more in this volume than simply discuss historical and theoretical realms of natural law. She carries the theory into application to contemporary legal issues, bringing objective normative structures to contemporary Western societies suspicious of such concepts.
Author: Charles P. Nemeth
Publisher:
ISBN: 9781839993800
Category : Law
Languages : en
Pages : 0
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Book Description
Since America's founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the "natural" versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in Natural Law Jurisprudence in U.S. Supreme Court Cases since "Roe v. Wade" and, by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
Author: Justin Buckley Dyer
Publisher: Cambridge University Press
ISBN: 1139505157
Category : Political Science
Languages : en
Pages :
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Book Description
In Natural Law and the Antislavery Constitutional Tradition, Justin Buckley Dyer provides a succinct account of the development of American antislavery constitutionalism in the years preceding the Civil War. Within the context of recent revisionist scholarship, Dyer argues that the theoretical foundations of American constitutionalism - which he identifies with principles of natural law - were antagonistic to slavery. Still, the continued existence of slavery in the nineteenth century created a tension between practice and principle. In a series of case studies, Dyer reconstructs the constitutional arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln and Frederick Douglass, who collectively sought to overcome the legacy of slavery by emphasizing the natural law foundations of American constitutionalism. What emerges is a convoluted understanding of American constitutional development that challenges traditional narratives of linear progress while highlighting the centrality of natural law to America's greatest constitutional crisis.
Author: Olufemi Taiwo
Publisher: Cornell University Press
ISBN: 1501701746
Category : Law
Languages : en
Pages : 228
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Book Description
Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.
Author: Raymond Wacks
Publisher: OUP Oxford
ISBN: 0191510637
Category : Law
Languages : en
Pages : 169
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Book Description
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author: Robert L. Hayman
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1028
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Book Description
This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.
