Aquinas And The Supreme Court
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Aquinas And The Supreme Court
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Author : Eugene F. Rogers, Jr.
language : en
Publisher: John Wiley & Sons
Release Date : 2013-02-26
Aquinas And The Supreme Court written by Eugene F. Rogers, Jr. and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-26 with Religion categories.
This new work clarifies Aquinas’ concept of natural law through his biblical commentaries, and explores its applications to U.S. constitutional law. The first time the use of Aquinas on the U.S. Supreme Court has been explored in depth, and its applications tested through a rigorous reading of the biblical commentaries Shows how key judgments in the Supreme Court have rested on medieval natural law, and applies critical gender theory to discuss problems with these applications Offers new research data to give a different picture of Aquinas and natural law, and a fresh take on Aquinas’ biblical commentaries New research based on passages in the biblical commentaries never before available in English
Natural Law Jurisprudence In U S Supreme Court Cases Since Roe V Wade
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Author : Charles P. Nemeth
language : en
Publisher: Anthem Press
Release Date : 2020-02-20
Natural Law Jurisprudence In U S Supreme Court Cases Since Roe V Wade written by Charles P. Nemeth and has been published by Anthem Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-20 with Law categories.
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 the 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 and the US Supreme Court since Roe v. Wade” and by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
50 Questions On The Natural Law
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Author : Charles E. Rice
language : en
Publisher: Ignatius Press
Release Date : 1999
50 Questions On The Natural Law written by Charles E. Rice and has been published by Ignatius Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Charles Rice, professor of the jurisprudence of St. Thomas Aquinas for the last twenty years at Notre Dame Law School, presents a very readable book on the natural law as seen through the teachings of Aquinas and their foundations in reason and Revelation. Reflecting on the most persistent questions asked by his students over the years, Rice shows how the natural law works and how it is rooted in the nature of the human person whose Creator provided this law as a sure and knowable guide for man to achieve his end of eternal happiness. This book presents the teachings of the Catholic Church in her role as arbiter of the applications of the natural law on issues involving the right to live, bioethics, the family and the economy. Charles Rice has produced a firmly grounded and accessible handbook which touches on the most important topics regarding natural law that will benefit readers of all backgrounds.
Cases And Materials On Jurisprudence
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Author : Jingxiong Wu
language : en
Publisher:
Release Date : 1958
Cases And Materials On Jurisprudence written by Jingxiong Wu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1958 with Jurisprudence categories.
Origins Of The Natural Law Tradition
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Author : Arthur Leon Harding
language : en
Publisher:
Release Date : 1971
Origins Of The Natural Law Tradition written by Arthur Leon Harding and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Law categories.
Montesquieu Judicial Degeneracy And The U S Supreme Court
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Author : Nelson Lund
language : en
Publisher:
Release Date : 2013
Montesquieu Judicial Degeneracy And The U S Supreme Court written by Nelson Lund and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
This essay, which is aimed primarily but not exclusively at audiences in the field of philosophy, originated in a lecture prepared for a series on quot;Natural Moral Law and Contemporary Societyquot; at the School of Philosophy of the Catholic University of America. Using the Supreme Court's sodomy and abortion decisions as introductory examples, the essay briefly discusses the roots of judicial hubris in American constitutional law. The essay then looks more deeply into an institutional transformation rooted in Montesquieu's insight that it is both necessary and impossible to de-politicize the judicial function. The politically moderating role performed by judges in Montesquieu's English constitution does not translate easily into the American system of written constitutions with judicial review. The essay argues that the U.S. Supreme Court is not qualified to correct written human law through appeals to higher laws, including the natural moral law, and that this conclusion is consistent with the understanding of law both in our Constitution and in St. Thomas Aquinas' Summa Theologica.
The Logic Of Constitutional Rights
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Author : Eric Heinze
language : en
Publisher: Routledge
Release Date : 2017-09-08
The Logic Of Constitutional Rights written by Eric Heinze and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-08 with Law categories.
Individual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights. Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties: the case law of the United States Supreme Court. Yet the model is designed to account for any legal system that recognizes civil rights and liberties. The author applies techniques of logical analysis (although no prior knowledge of logic is required) to identify a deeper discursive structure. He shows how simple concepts of harm and consent, which do not ordinarily appear to be relevant in all cases, provide unity within and across regimes of individual rights.
God And Man In The Law
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Author : Robert Lowry Clinton
language : en
Publisher:
Release Date : 1997
God And Man In The Law written by Robert Lowry Clinton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
In a wide-ranging study based on legal history, political theory, and philosophical ideas going all the way back to Plato and Roman law, Robert Clinton challenges current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.
St Thomas Aquinas And The Natural Law Tradition
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Author : John Goyette
language : en
Publisher: CUA Press
Release Date : 2004-09
St Thomas Aquinas And The Natural Law Tradition written by John Goyette and has been published by CUA Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-09 with Law categories.
To explore and evaluate the current revival, this volume brings together many of the foremost scholars on natural law. They examine the relation between Thomistic natural law and the larger philosophical and theological tradition. Furthermore, they assess the contemporary relevance of St. Thomas's natural law doctrine to current legal and political philosophy.
Legal Justice And Social Change
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Author : Evyatar Levine
language : en
Publisher:
Release Date : 1990
Legal Justice And Social Change written by Evyatar Levine and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Law categories.
