Debating Medieval Natural Law
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Debating Medieval Natural Law
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Author : Riccardo Saccenti
language : en
Publisher: University of Notre Dame Pess
Release Date : 2016-10-15
Debating Medieval Natural Law written by Riccardo Saccenti and has been published by University of Notre Dame Pess this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-15 with Law categories.
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.
Traditions Of Natural Law In Medieval Philosophy
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Author : Dominic Farrell
language : en
Publisher: CUA Press
Release Date : 2022-07-08
Traditions Of Natural Law In Medieval Philosophy written by Dominic Farrell and has been published by CUA Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-08 with Law categories.
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.
A Natural Right To Die
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Author : Raymond A. Whiting
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2001-11-30
A Natural Right To Die written by Raymond A. Whiting and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-11-30 with Law categories.
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.
Natural Law And Justice
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Author : Lloyd L. Weinreb
language : en
Publisher: Harvard University Press
Release Date : 1987
Natural Law And Justice written by Lloyd L. Weinreb and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.
"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.
Moral Dilemmas In Medieval Thought
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Author : M. V. Dougherty
language : en
Publisher:
Release Date : 2013
Moral Dilemmas In Medieval Thought written by M. V. Dougherty 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.
Lex Naturalis
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Author : Walter Raubicheck
language : en
Publisher:
Release Date : 2015-05-26
Lex Naturalis written by Walter Raubicheck and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-26 with Law categories.
Lex Naturalis publishes articles that consider the relevance of natural law theory to contemporary philosophical and legal discussions and debates. With its roots in classical and medieval ideas about ethics and the "good," natural law continues to be a vital source of moral insight for a postmodern society.
The Disfigured Face
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Author : Luis Cortest
language : en
Publisher: Fordham Univ Press
Release Date : 2008
The Disfigured Face written by Luis Cortest and has been published by Fordham Univ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with History categories.
"Most modern philosophers, by contrast, consider these two orders to be entirely separate. Here Luis Cortest shows how traditional natural law (the form Thomas Aquinas developed from classical and medieval sources) was transformed by thinkers like John Locke and Kant into a doctrine compatible with early modern and modern notions of nature and morality. In early modern Europe one of the first of the great debates about moral philosophy took place in sixteenth-century Spain, as a philosophical dispute concerning the humanity of the Native Americans. This foreshadowed debates in later centuries, which the author reevaluates in light of these earlier sources. The book also includes a close examination of the recent work of scholars like John Finnis and Brian Tierney, who argue that traditional natural law theorists were defenders of a doctrine of positive rights.
Thomas Hobbes And The Debate Over Natural Law And Religion
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Author : Stephen A. State
language : en
Publisher: Routledge
Release Date : 2013-07-18
Thomas Hobbes And The Debate Over Natural Law And Religion written by Stephen A. State and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-18 with Philosophy categories.
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.
Natural Law Laws Of Nature Natural Rights
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Author : Francis Oakley
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2005-09-22
Natural Law Laws Of Nature Natural Rights written by Francis Oakley and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-22 with Philosophy categories.
Choice Outstanding Academic Title 2006 The existence and grounding of human or natural rights is a heavily contested issue today, not only in the West but in the debates raging between "fundamentalists" and "liberals" or "modernists in the Islamic world. So, too, are the revised versions of natural law espoused by thinkers such as John Finnis and Robert George. This book focuses on three bodies of theory that developed between the thirteenth and seventeenth centuries: (1) the foundational belief in the existence of a moral/juridical natural law, embodying universal norms of right and wrong and accessible to natural human reason; (2) the understanding of (scientific) uniformities of nature as divinely imposed laws, which rose to prominence in the seventeenth century; and (3), finally, the notion that individuals are bearers of inalienable natural or human rights. While seen today as distinct bodies of theory often locked in mutual conflict, they grew up inextricably intertwines. The book argues that they cannot be properly understood if taken each in isolation from the others.
The Cambridge Companion To Natural Law Ethics
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Author : Tom Angier
language : en
Publisher: Cambridge University Press
Release Date : 2019-11-07
The Cambridge Companion To Natural Law Ethics written by Tom Angier and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-07 with Philosophy categories.
How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.