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The Tradition of Natural Law

The Tradition of Natural Law
A Philosopher's Reflections

by Yves René Marie Simon

  • Publisher : Fordham Univ Press
  • Release : 1992
  • Pages : 194
  • ISBN : 9780823206414
  • Language : En, Es, Fr & De
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The tradition of natural law is one of the foundations of Western civilization. At its heart is the conviction that there is an objective and universal justice which transcends humanity's particular expressions of justice. It asserts that there are certain ways of behaving which are appropriate to humanity simply by virtue of the fact that we are all human beings. Recent political debates indicate that it is not a tradition that has gone unchallenged: in fact, the opposition is as old as the tradition itself. By distinguishing between philosophy and ideology, by recalling the historical adventures of natural law, and by reviewing the theoretical problems involved in the doctrine, Simon clarifies much of the confusion surrounding this perennial debate. He tackles the questions raised by the application of natural law with skill and honesty as he faces the difficulties of the subject. Simon warns against undue optimism in a revival of interest in natural law and insists that the study of natural law beings with the analysis of "the law of the land." He writes not as a polemicist but as a philosopher, and he writes of natural law with the same force, conciseness, lucidity and simplicity which have distinguished all his other works.

Thomas Hobbes and the Natural Law Tradition

Thomas Hobbes and the Natural Law Tradition
A Book

by Norberto Bobbio

  • Publisher : University of Chicago Press
  • Release : 1993-03-15
  • Pages : 228
  • ISBN : 9780226062488
  • Language : En, Es, Fr & De
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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.

Natural Law and Human Dignity

Natural Law and Human Dignity
A Book

by Ernst Bloch

  • Publisher : MIT Press
  • Release : 1986
  • Pages : 323
  • ISBN : 9780262521291
  • Language : En, Es, Fr & De
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Ernst Bloch was one of the most original and influential of contemporary European thinkers, leaving his mark in fields ranging from philosophy and social theory to aesthetics and theology. This book represents a unique attempt to reconcile the traditional oppositions of the natural law and social utopian traditions, providing basic insights into the meaning of human rights in a socialist society.

Natural Law and Laws of Nature in Early Modern Europe

Natural Law and Laws of Nature in Early Modern Europe
Jurisprudence, Theology, Moral and Natural Philosophy

by Michael Stolleis,Prof Dr Lorraine Daston

  • Publisher : Ashgate Publishing, Ltd.
  • Release : 2013-06-28
  • Pages : 350
  • ISBN : 1409480186
  • Language : En, Es, Fr & De
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This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.

Contemporary Perspectives on Natural Law

Contemporary Perspectives on Natural Law
Natural Law as a Limiting Concept

by Ana Marta González

  • Publisher : Ashgate Publishing, Ltd.
  • Release : 2008
  • Pages : 322
  • ISBN : 9780754660545
  • Language : En, Es, Fr & De
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This book is a major contribution to the renewed interest in natural law. It provides the reader with a comprehensive overview of natural law, both from a historical and a systematic point of view. It ranges from the mediaeval synthesis of Aquinas through the early modern elaborations of natural law, up to current discussions on the very possibility and practical relevance of natural law theory for the contemporary mind.

The Medieval Tradition of Natural Law

The Medieval Tradition of Natural Law
A Book

by International Congress on Medieval Studies

  • Publisher : Kalamazoo, Mich. : Medieval Institute Publications, Western Michigan University
  • Release : 1987
  • Pages : 211
  • ISBN : 9780918720818
  • Language : En, Es, Fr & De
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Based on papers from sessions held at the International Congress on Medieval Studies in Kalamazoo, Mich. from 1979 to 1981.

After the Natural Law

After the Natural Law
How the Classical Worldview Supports Our Modern Moral and Political Views

by John Lawrence Hill

  • Publisher : Ignatius Press
  • Release : 2016
  • Pages : 306
  • ISBN : 1621640175
  • Language : En, Es, Fr & De
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The "natural law" worldview developed over the course of almost two thousand years beginning with Plato and Aristotle and culminating with St. Thomas Aquinas in the thirteenth century. This tradition holds that the world is ordered, intelligible and good, that there are objective moral truths which we can know and that human beings can achieve true happiness only by following our inborn nature, which draws us toward our own perfection. Most accounts of the natural law are based on a God-centered understanding of the world. After the Natural Law traces this tradition from Plato and Aristotle to Thomas Aquinas and then describes how and why modern philosophers such as Descartes, Locke and Hobbes began to chip away at this foundation. The book argues that natural law is a necessary foundation for our most important moral and political values – freedom, human rights, equality, responsibility and human dignity, among others. Without a theory of natural law, these values lose their coherence: we literally cannot make sense of them given the assumptions of modern philosophy. Part I of the book traces the development of natural law theory from Plato and Aristotle through the crowning achievement of Thomas Aquinas. Part II explores how modern philosophers have systematically chipped away at the only coherent foundation for these values. As a result, our most important moral and political ideals today are incoherent. Modern political and moral thinkers have been led either to dilute the meaning of such terms as freedom or the moral good – or abandon these ideas altogether. Thus, modern philosophy and political thought are leading us either toward anarchy or totalitarianism. The conclusion, entitled "Why God Matters", shows how even the philosophical assumptions of the natural law depend on a personal God.

Natural Law and the Nature of Law

Natural Law and the Nature of Law
A Book

by Jonathan Crowe

  • Publisher : Cambridge University Press
  • Release : 2019-04-30
  • Pages : 274
  • ISBN : 1108498302
  • Language : En, Es, Fr & De
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Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.

The Cambridge Companion to Natural Law Ethics

The Cambridge Companion to Natural Law Ethics
A Book

by Tom Angier

  • Publisher : Cambridge University Press
  • Release : 2019-10-31
  • Pages : 374
  • ISBN : 1108422632
  • Language : En, Es, Fr & De
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How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.

Nature as Reason

Nature as Reason
A Thomistic Theory of the Natural Law

by Jean Porter

  • Publisher : Wm. B. Eerdmans Publishing
  • Release : 2005
  • Pages : 420
  • ISBN : 9780802849069
  • Language : En, Es, Fr & De
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This noteworthy book develops a new theory of the natural law that takes its orientation from the account of the natural law developed by Thomas Aquinas, as interpreted and supplemented in the context of scholastic theology in the twelfth and thirteenth centuries. Though this history might seem irrelevant to twenty-first-century life, Jean Porter shows that the scholastic approach to the natural law still has much to contribute to the contemporary discussion of Christian ethics. Aquinas and his interlocutors provide a way of thinking about the natural law that is distinctively theological while at the same time remaining open to other intellectual perspectives, including those of science. In the course of her work, Porter examines the scholastics' assumptions and beliefs about nature, Aquinas's account of happiness, and the overarching claim that reason can generate moral norms. Ultimately, Porter argues that a Thomistic theory of the natural law is well suited to provide a starting point for developing a more nuanced account of the relationship between specific beliefs and practices. While Aquinas's approach to the natural law may not provide a system of ethical norms that is both universally compelling and detailed enough to be practical, it does offer something that is arguably more valuable -- namely, a way of reflecting theologically on the phenomenon of human morality.

Natural Law Theory

Natural Law Theory
Contemporary Essays

by Robert P. George

  • Publisher : Oxford University Press
  • Release : 1994
  • Pages : 371
  • ISBN : 9780198235521
  • Language : En, Es, Fr & De
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This volume presents twelve original essays by contemporary natural law theorists and their critics. Natural law theory is enjoying a revival of interest today in a variety of disciplines, including law, philosophy, political science, and theology and religious studies. These essays offer readers a sense of the lively contemporary debate among natural law theorists of different schools, as well as between natual law theorists and their critics.

Natural Law

Natural Law
An Essay in Ethics

by Edith Jemima Simcox

  • Publisher : Unknown Publisher
  • Release : 1878
  • Pages : 371
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
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Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade

Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade
A Book

by Charles P. Nemeth

  • Publisher : Anthem Press
  • Release : 2020-02-20
  • Pages : 250
  • ISBN : 1785272063
  • Language : En, Es, Fr & De
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Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that the natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in “Natural Law and the US Supreme Court since Roe v. Wade” and by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.

Natural Law and Evangelical Political Thought

Natural Law and Evangelical Political Thought
A Book

by Jesse Covington,Bryan T. McGraw,Micah Watson

  • Publisher : Lexington Books
  • Release : 2012-11-16
  • Pages : 314
  • ISBN : 0739173235
  • Language : En, Es, Fr & De
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This volume explores the problems and prospects attending evangelical engagement with natural law as a key feature for political thought. Engaging theology, philosophy, political theory and biblical studies, many contributors are optimistic about the prospects of evangelical re-appropriation of natural law, but note ways in which evangelical commitments might lend distinctive shape to this engagement.

Natural Law and Natural Rights

Natural Law and Natural Rights
A Book

by John Finnis

  • Publisher : Oxford University Press
  • Release : 2011-04-07
  • Pages : 494
  • ISBN : 0199599130
  • Language : En, Es, Fr & De
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Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

Natural and Divine Law

Natural and Divine Law
Reclaiming the Tradition for Christian Ethics

by Jean Porter,Nicholas Wolterstorff

  • Publisher : Wm. B. Eerdmans Publishing
  • Release : 1999
  • Pages : 340
  • ISBN : 9780802846976
  • Language : En, Es, Fr & De
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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.

Natural Law and the Two Kingdoms

Natural Law and the Two Kingdoms
A Study in the Development of Reformed Social Thought

by David VanDrunen

  • Publisher : Wm. B. Eerdmans Publishing
  • Release : 2009-12-30
  • Pages : 466
  • ISBN : 0802864430
  • Language : En, Es, Fr & De
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Conventional scholarship holds that the theology and social ethics of the Reformed tradition stand at odds with concepts of natural law and the two kingdoms. But David VanDrunen here challenges that status quo through his careful, thoroughgoing exploration of the development of Reformed social thought from the Reformation to the present. - from publisher description.

Thomas Hobbes and the Natural Law

Thomas Hobbes and the Natural Law
A Book

by Kody W. Cooper

  • Publisher : University of Notre Dame Pess
  • Release : 2018-03-30
  • Pages : 342
  • ISBN : 0268103046
  • Language : En, Es, Fr & De
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Has Hobbesian moral and political theory been fundamentally misinterpreted by most of his readers? Since the criticism of John Bramhall, Hobbes has generally been regarded as advancing a moral and political theory that is antithetical to classical natural law theory. Kody Cooper challenges this traditional interpretation of Hobbes in Thomas Hobbes and the Natural Law. Hobbes affirms two essential theses of classical natural law theory: the capacity of practical reason to grasp intelligible goods or reasons for action and the legally binding character of the practical requirements essential to the pursuit of human flourishing. Hobbes’s novel contribution lies principally in his formulation of a thin theory of the good. This book seeks to prove that Hobbes has more in common with the Aristotelian-Thomistic tradition of natural law philosophy than has been recognized. According to Cooper, Hobbes affirms a realistic philosophy as well as biblical revelation as the ground of his philosophical-theological anthropology and his moral and civil science. In addition, Cooper contends that Hobbes's thought, although transformative in important ways, also has important structural continuities with the Aristotelian-Thomistic tradition of practical reason, theology, social ontology, and law. What emerges from this study is a nuanced assessment of Hobbes’s place in the natural law tradition as a formulator of natural law liberalism. This book will appeal to political theorists and philosophers and be of particular interest to Hobbes scholars and natural law theorists.

Natural Law and the Just Society

Natural Law and the Just Society
A Book

by Joseph Milne

  • Publisher : Shepheard-Walwyn Publishers
  • Release : 2021-03
  • Pages : 200
  • ISBN : 9780856835315
  • Language : En, Es, Fr & De
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The natural law tradition is rooted in the understanding that society has a place within the universe as a whole. Just as the universe has a natural order that is balanced and just, so does human society. The ancient study of law-making was grounded in this correlation between the universal order and the order of society. When a society conforms to its own real nature, it will flourish and be just and attain its proper end. This view of a natural social order was central to ancient political and economic theory, ranging from Hesiod, Greek philosophy, Roman jurisprudence and medieval theology. In philosophical reflection on jurisprudence natural law has always held a special place and informed the Western understanding of justice and the good society. Society had been seen analogously to a single body with its different functions which should work harmoniously together. Law-making sought to ground itself in this natural harmony. The present study seeks to trace the history of natural law within this wider social framework. In particular it seeks to show that insights from the natural law tradition have practical application in our own times, especially in the search for social and economic justice.

The Idea of Natural Rights

The Idea of Natural Rights
Studies on Natural Rights, Natural Law, and Church Law, 1150-1625

by Brian Tierney

  • Publisher : Wm. B. Eerdmans Publishing
  • Release : 2001
  • Pages : 380
  • ISBN : 9780802848543
  • Language : En, Es, Fr & De
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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.