The Changing Profile Of The Natural Law
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The Changing Profile Of The Natural Law
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Author : Michael Bertram Crowe
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-12-01
The Changing Profile Of The Natural Law written by Michael Bertram Crowe 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 2013-12-01 with Law categories.
It has more than once been observed that funeral orations for the natural law have always been premature. ! The implication that the concept has a continuing vitality, giving the lie to the prophets of its doom, is justification for yet another book on a subject, now as much as ever in the two and a half millenia of its history a matter of controversy. The history of the natural law has often been written -or at least the history of the concept in the Western European Greco 2 Roman tradition. This study does not claim to be a history, although its method is primarily historical and its subject is an idea that, more perhaps than most, has been shaped by its history. The omissions, Hobbes, Vico, Kant, Hegel for example, amply demonstrate that this is not a systematic history. On the other hand it accepts that In an orderly preparation for the study of natural law the most impor tant step would be to list the main modifications undergone by the notion of natural law as a result of doctrinal and historical cir cumstances? 1 Bergbohm, Jurisprudenz und Rechtsphilosophie, cited in a. M. Manser, Vas Natu"echt in Thomistischer Beleuchtung, p. 1; cf. A. P. d'Entreves, Natural Law, p. 13: "It was declared dead, never to rise again from its ashes. Yet natural law has survived and still calls for discussion. " 2 A.
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.
Natural And Divine Law
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Author : Jean Porter
language : en
Publisher: Wm. B. Eerdmans Publishing
Release Date : 1999
Natural And Divine Law written by Jean Porter 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 1999 with Law categories.
Though the concept of natural law took center stage during the Middle Ages, the theological aspects of this august intellectual tradition have been largely forgotten by the modern church. In this book ethicist Jean Porter shows the continuing significance of the natural law tradition for Christian ethics. Based on a careful analysis of natural law as it emerged in the medieval period, Porter's work explores several important scholastic theologians and canonists whose writings are not only worthy of study in their own right but also make important contributions to moral reflection today.
The Development Of Moral Theology
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Author : Charles E. Curran
language : en
Publisher: Georgetown University Press
Release Date : 2013-11-08
The Development Of Moral Theology written by Charles E. Curran and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-08 with Religion categories.
Charles Curran in his newest book The Development of Moral Theology: Five Strands, brings a unique historical and critical analysis to the five strands that differentiate Catholic moral theology from other approaches to Christian ethics—sin and the manuals of moral theology, the teaching of Thomas Aquinas and later Thomists, natural law, the role of authoritative church teaching in moral areas, and Vatican II. Significant changes have occurred over the course of these historical developments. In addition, pluralism and diversity exist even today, as illustrated, for example, in the theory of natural law proposed by Cardinal Ratzinger. In light of these realities, Curran proposes his understanding of how the strands should influence moral theology today. A concluding chapter highlights the need for a truly theological approach and calls for a significant change in the way that the papal teaching office functions today and its understanding of natural law. In a work useful to anyone who studies Catholic moral theology, The Development of Moral Theology underscores, in the light of the historical development of these strands, the importance of a truly theological and critical approach to moral theology that has significant ramifications for the life of the Catholic church.
Natural Law
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Author : Howard P. Kainz
language : en
Publisher: Open Court Publishing
Release Date : 2004
Natural Law written by Howard P. Kainz and has been published by Open Court Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
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.
Edmund Burke And The Natural Law
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Author : Peter Stanlis
language : en
Publisher: Routledge
Release Date : 2017-09-29
Edmund Burke And The Natural Law written by Peter Stanlis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-29 with Political Science categories.
Today the idea of natural law as the basic ingredient in moral, legal, and political thought presents a challenge not faced for almost two hundred years. On the surface, there would appear to be little room in the contemporary world for a widespread belief in natural law. The basic philosophies of the opposition--the rationalism of the philosophes, the utilitarianism of Bentham, the materialism of Marx--appear to have made prior philosophies irrelevant. Yet these newer philosophies themselves have been overtaken by disillusionment born of conflicts between "might" and "right." Many thoughtful people who were loyal to secular belief have become dissatisfied with the lack of normative principles and have turned once more to natural law. This first book-length study of Edmund Burke and his philosophy, originally published in 1958, explores this intellectual giant's relationship to, and belief in, the natural law. It has long been thought that Edmund Burke was an enemy of the natural law, and was a proponent of conservative utilitarianism. Peter J. Stanlis shows that, on the contrary, Burke was one of the most eloquent and profound defenders of natural law morality and politics in Western civilization. A philosopher in the classical tradition of Aristotle and Cicero, and in the Scholastic tradition of Aquinas, Burke appealed to natural law in the political problems he encountered in American, Irish, Indian, and British affairs, and in reaction to the French Revolution. This book is as relevant today as it was when it was first published, and will be mandatory reading for students of philosophy, political science, law, and history.
Feminist Ethics And Natural Law
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Author : Cristina L. H. Traina
language : en
Publisher: Georgetown University Press
Release Date : 1999-04-28
Feminist Ethics And Natural Law written by Cristina L. H. Traina and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-04-28 with Social Science categories.
Heated debates over such issues as abortion, contraception, ordination, and Church hierarchy suggest that feminist and natural law ethics are diametrically opposed. Cristina L.H. Traina now reexamines both Roman Catholic natural law tradition and Anglo-American feminist ethics and reconciles the two positions by showing how some of their aims and assumptions complement one another. After carefully scrutinizing Aquinas’s moral theology, she analyzes trends in both contemporary feminist ethics, theological as well as secular, and twentieth-century Roman Catholic moral theology. Although feminist ethics reject many of the methods and conclusions of the scholastic and revisionist natural law schools, Traina shows that a truly Thomistic natural law ethic nonetheless provides a much-needed holistic foundation for contemporary feminist ethics. On the other hand, she offers new perspectives on the writings of Josef Fuchs, Richard McCormick, and Gustavo Gutierrez, arguing that their failure to catch the full spirit of Thomas’s moral vision is due to inadequate attention to feminist critical methods. This highly original book proposes an innovative union of two supposedly antagonistic schools of thought, a new feminist natural law that would yield more comprehensive moral analysis than either existing tradition alone. This is a provocative book not only for students of moral theology but also for feminists who may object to the very notion of natural law ethics, suggesting how each might find insight in an unlikely place.
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.
Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.
Natural Law And Modern Moral Philosophy Volume 18 Social Philosophy And Policy Part 1
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Author : Ellen Frankel Paul
language : en
Publisher: Cambridge University Press
Release Date : 2001-01-29
Natural Law And Modern Moral Philosophy Volume 18 Social Philosophy And Policy 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 2001-01-29 with Philosophy categories.
The essays in this volume--written by academic lawyers as well as legal and moral philosophers--address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy. Some of the essays explore the implications that natural law theory has for jurisprudence, asking what natural law suggests about the use of legal devices such as constitutions and precedents. Other essays examine the connections between natural law and natural rights.
Sacred Polities Natural Law And The Law Of Nations In The 16th 17th Centuries
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Author :
language : en
Publisher: BRILL
Release Date : 2022-01-10
Sacred Polities Natural Law And The Law Of Nations In The 16th 17th Centuries written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-10 with Philosophy categories.
A fresh look at the importance of natural and international law in the religious politics at the heartlands of the Reformation, from the Low Countries, the German principalities up to Transylvania; from Niels Hemmingsen to Gian Battista Vico; from religious reasons for the universalist claims of natural law to political arguments for the sacred polity, their tension and creative potential.