Natural Rights And The Right To Choose
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Natural Rights And The Right To Choose
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Author : Hadley Arkes
language : en
Publisher: Cambridge University Press
Release Date : 2002-09-02
Natural Rights And The Right To Choose written by Hadley Arkes 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 2002-09-02 with Law categories.
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Mere Natural Law
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Author : Hadley Arkes
language : en
Publisher: Simon and Schuster
Release Date : 2023-05-02
Mere Natural Law written by Hadley Arkes and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-02 with Philosophy categories.
Originalism Is Not Enough In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that “originalism” alone is an inadequate answer to judicial activism. Untethered from “mere Natural Law”—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence. The framers of the Constitution regarded the “self-evident” truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation. Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clouds or in benign platitudes (“be generous,” “be selfless”). He draws us back, rather, to the ground of Natural Law as the American Founders understood it, the anchoring truths of common sense—truths grasped at once by the ordinary man, unburdened by theories imbibed in college and law school. When liberals discovered hitherto unknown rights in the “emanations” and “penumbras” of a “living constitution,” conservatives responded with an “originalism” that refuses to venture beyond the bare text. But in framing that text, the Founders appealed to moral principles that were there before the Constitution and would be there even if there were no Constitution. An originalism that is detached from those anchor - ing principles has strayed far from the original meaning of the Constitution. It is powerless, moreover, to resist the imposition of a perverse moral vision on our institutions and our lives. Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-read for everyone who cares about the Constitution, morality, and the rule of law.
Natural Rights Liberalism From Locke To Nozick Volume 22 Part 1
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Author : Ellen Frankel Paul
language : en
Publisher: Cambridge University Press
Release Date : 2005
Natural Rights Liberalism From Locke To Nozick Volume 22 Part 1 written by Ellen Frankel Paul 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 2005 with Law categories.
"The essays in this book have also been published, without introduction and index, in the semiannual journal Social philosophy & policy, volume 22, number 1"--T.p. verso. Includes bibliographical references and index.
Natural Rights Theories
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Author : Richard Tuck
language : en
Publisher: Cambridge University Press
Release Date : 1979
Natural Rights Theories written by Richard Tuck 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 1979 with History categories.
The origins of natural rights theories in medieval Europe and their development in the seventeenth century.
Intellectual Liberty
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Author : Hugh Breakey
language : en
Publisher: Routledge
Release Date : 2016-05-23
Intellectual Liberty written by Hugh Breakey and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of ’user’s rights’ and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user’s rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one’s actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.
What S Wrong With Rights
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Author : Nigel Biggar
language : en
Publisher: Oxford University Press, USA
Release Date : 2020
What S Wrong With Rights written by Nigel Biggar and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Philosophy categories.
What's Wrong with Rights? argues that contemporary rights-talk obscures the importance civic virtue, military effectiveness and the democratic law legitimacy. It draws upon legal and moral philosophy, moral theology, and court judgments. It spans discussions from medieval Christendom to contemporary debates about justified killing.
Natural Law Laws Of Nature Natural Rights
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Author : Francis Oakley
language : en
Publisher: A&C Black
Release Date : 2005-09-22
Natural Law Laws Of Nature Natural Rights written by Francis Oakley and has been published by A&C Black 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 Idea Of Natural Rights
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Author : Brian Tierney
language : en
Publisher: Wm. B. Eerdmans Publishing
Release Date : 2001
The Idea Of Natural Rights written by Brian Tierney and has been published by Wm. B. Eerdmans Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
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.
Natural Rights
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Author : Ritchie, David G
language : en
Publisher: Routledge
Release Date : 2014-04-04
Natural Rights written by Ritchie, David G and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-04 with Philosophy categories.
First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
The Foundations Of Natural Morality
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Author : S. Adam Seagrave
language : en
Publisher: University of Chicago Press
Release Date : 2014-05-05
The Foundations Of Natural Morality written by S. Adam Seagrave and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-05 with Philosophy categories.
Recent years have seen a renaissance of interest in the relationship between natural law and natural rights. During this time, the concept of natural rights has served as a conceptual lightning rod, either strengthening or severing the bond between traditional natural law and contemporary human rights. Does the concept of natural rights have the natural law as its foundation or are the two ideas, as Leo Strauss argued, profoundly incompatible? With The Foundations of Natural Morality, S. Adam Seagrave addresses this controversy, offering an entirely new account of natural morality that compellingly unites the concepts of natural law and natural rights. Seagrave agrees with Strauss that the idea of natural rights is distinctly modern and does not derive from traditional natural law. Despite their historical distinctness, however, he argues that the two ideas are profoundly compatible and that the thought of John Locke and Thomas Aquinas provides the key to reconciling the two sides of this long-standing debate. In doing so, he lays out a coherent concept of natural morality that brings together thinkers from Plato and Aristotle to Hobbes and Locke, revealing the insights contained within these disparate accounts as well as their incompleteness when considered in isolation. Finally, he turns to an examination of contemporary issues, including health care, same-sex marriage, and the death penalty, showing how this new account of morality can open up a more fruitful debate.