Traditions Of Natural Law In Medieval Philosophy


Traditions Of Natural Law In Medieval Philosophy
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Traditions Of Natural Law In Medieval Philosophy


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.



Debating Medieval Natural Law


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.



The Medieval Tradition Of Natural Law


The Medieval Tradition Of Natural Law
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Author : Harold Joseph Johnson
language : en
Publisher: Kalamazoo, Mich. : Medieval Institute Publications, Western Michigan University
Release Date : 1987

The Medieval Tradition Of Natural Law written by Harold Joseph Johnson and has been published by Kalamazoo, Mich. : Medieval Institute Publications, Western Michigan University this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with History categories.


Based on papers from sessions held at the International Congress on Medieval Studies in Kalamazoo, Mich. from 1979 to 1981.



The Concept Of Dharma In Medieval Hindu Legal Traditions With Thomas Aquinas Natural Law Philosophy


The Concept Of Dharma In Medieval Hindu Legal Traditions With Thomas Aquinas Natural Law Philosophy
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Author : Punsara Amarasinghe
language : en
Publisher: GRIN Verlag
Release Date : 2017-09-18

The Concept Of Dharma In Medieval Hindu Legal Traditions With Thomas Aquinas Natural Law Philosophy written by Punsara Amarasinghe and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-18 with Law categories.


Master's Thesis from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: This study intends to be a comparative analysis between two legal tradition which grew up in two different civilizations. The concept of Dharma in Medieval Hindu legal philosophy and Thomas Aquinas’ Natural Law theory have been taken into the comparison in this research as two great legal traditions which grew in the same period of middle age. This research has examined the salient features of natural law ascribed by concept of Dharma in medieval Hindu jurisprudence and how natural law was perceived by Aquinas in his legal philosophy which was aptly described in his master work “ Summa Theologiae”. Apart from mere analyzing facts this study further examines the affinities that existed between concept of Dharma and Aquinas’ theory of Natural Law.



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 : 2011-06-01

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 2011-06-01 with categories.




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.



The Disfigured Face


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.



Natural Law


Natural Law
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Author : Alexander Passerin d'Entreves
language : en
Publisher: Routledge
Release Date : 2017-07-28

Natural Law written by Alexander Passerin d'Entreves and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Law categories.


This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules.In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians.Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study.—Mitchell Muncy, The University Bookman



The Natural Law


The Natural Law
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Author : Heinrich Albert Rommen
language : en
Publisher:
Release Date : 1979

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 1979 with Natural law categories.




The Natural Law Tradition And Belief


The Natural Law Tradition And Belief
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Author : David Ardagh
language : en
Publisher: Nova Science Publishers
Release Date : 2019

The Natural Law Tradition And Belief written by David Ardagh and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Philosophy categories.


For over twenty centuries, from ancient Greece the ideal of natural law has been appealed to in Western moral and legal philosophy as a grounding for ethics and jurisprudence, centered on capacities of a common "human nature". From the early medieval advent of "Christendom", it was embedded within theistic and religious systems for over a millennium, during which time it was treated as incomplete and part of an enveloping divine law of ethics. Modern agnosticism in theology, religion, and metaphysics then saw natural law unhitched from these associations, but it is still suspect due to its lingering ties with these disciplines and practices. It endured through its meta-ethical capacity to integrate changes in science with ethics via its central notion of wellbeing as the perfection of human nature, via access to "the highest good", however variously understood. Today, nature and human nature's wellbeing, are both endangered. Ecological destruction arising from unbridled growth, industrial pollution, nuclear weapons and mass population displacement though poverty and wars threaten humanity. But in terms of the meta-ethics of wellbeing, both the humanist normative ethics of natural law, and some of its enveloping theistic and religious divine law addenda, can be invoked to address such evils. The book aims to reinvigorate natural law as a unifying ethical organon for this purpose, showing that it can dialogue with its enveloping divine law "overlays" constructively, uncovering its points of essential unity with them, and generating some unified solutions to the global threats mentioned, like poverty. These are largely due to global injustices like tax evasion, the arms trade, and political corruption, which are better prevented by cooperatively agreed and enforced global ideals, norms, and laws, based on natural and divine law, grounding international laws rather than appealing to national norms and laws alone.