Origins Of The Natural Law Tradition


Origins Of The Natural Law Tradition
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Origins Of The Natural Law Tradition


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.




Origins Of The Natural Law Tradition


Origins Of The Natural Law Tradition
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Author : Robert N. Wilkin
language : en
Publisher: Literary Licensing, LLC
Release Date : 2011-10-01

Origins Of The Natural Law Tradition written by Robert N. Wilkin and has been published by Literary Licensing, LLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-01 with categories.




Origins Of The Natural Law Tradition


Origins Of The Natural Law Tradition
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Author : Robert N. Wilkin
language : en
Publisher:
Release Date : 1954

Origins Of The Natural Law Tradition written by Robert N. Wilkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1954 with Natural law categories.




Natural Law In Court


Natural Law In Court
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Author : R. H. Helmholz
language : en
Publisher: Harvard University Press
Release Date : 2015-06-08

Natural Law In Court written by R. H. Helmholz 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 2015-06-08 with Law categories.


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.



The Natural Law


The Natural Law
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Author : Heinrich Albert Rommen
language : en
Publisher:
Release Date : 1998

The Natural Law written by Heinrich Albert Rommen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.


Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Heinrich A. Rommen (1897-1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.



Essays On Hellenistic Epistemology And Ethics


Essays On Hellenistic Epistemology And Ethics
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Author : Gisela Striker
language : en
Publisher: Cambridge University Press
Release Date : 1996-06-13

Essays On Hellenistic Epistemology And Ethics written by Gisela Striker 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 1996-06-13 with Philosophy categories.


This collection of essays focuses on key questions debated by Greek and Roman philosophers of the Hellenistic period.



Natural Law And Justice


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.



The Invisible Origins Of Legal Positivism


The Invisible Origins Of Legal Positivism
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Author : W.E. Conklin
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06

The Invisible Origins Of Legal Positivism written by W.E. Conklin and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.


Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.



Hans Kelsen And The Natural Law Tradition


Hans Kelsen And The Natural Law Tradition
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Author : Peter Langford
language : en
Publisher: BRILL
Release Date : 2019-03-19

Hans Kelsen And The Natural Law Tradition written by Peter Langford and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-19 with Philosophy categories.


Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition.



Thomas Hobbes And The Natural Law Tradition


Thomas Hobbes And The Natural Law Tradition
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Author : Norberto Bobbio
language : en
Publisher: University of Chicago Press
Release Date : 1993-03-15

Thomas Hobbes And The Natural Law Tradition written by Norberto Bobbio 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 1993-03-15 with Biography & Autobiography categories.


Pre-eminent among European political philosophers, Norberto Bobbio has throughout his career turned to the political theory of Thomas Hobbes. Gathered here for the first time are the most important of his essays which together provide both a valuable introduction to Hobbes's thought and a fresh understanding of Hobbes's place in the theory of modern politics. Tracing Hobbes's work through De Cive and Leviathan, Bobbio identifies the philosopher's relation to the tradition of natural law. That Hobbes must now be understood in both this tradition as well as in the seemingly contradictory positivist tradition becomes clear for the first time in Bobbio's account. Bobbio also demonstrates that Hobbes cannot be easily labelled "liberal" or "totalitarian"; in Bobbio's provocative analysis of Hobbes's justification of the state, Hobbes emerges as a true conservative. Though his primary concern is to reconstruct the inner logic of Hobbes's thought, Bobbio is also attentive to the philosopher's biography and weaves into his analysis details of Hobbes's life and world—his exile in France, his relation with the Mersenne circle, his disputes with Anglican bishops, and accusations of heresy leveled against him. The result is a revealing, thoroughly new portrait of the first theorist of the modern state.