A Natural Law Approach to Normativity

Author: Bebhinn Donnelly

Publisher: Routledge

ISBN: 9781317187479

Category: Law

Page: 174

View: 192

Exploring the relationship between natural law theory and the philosophy of law, Bebhinn Donnelly proposes a new approach to natural law theory - one which addresses some of the tradition's shortcomings and advances further its approach to Hume's dichotomy. Key features: ¢ Provides a clear definition of `nature' in this context ¢ Contrasts the work of Hume and Kant regarding the `is/ought' issue ¢ Examines the approach in traditional natural law ¢ Presents a full discussion of Finnis and the departure from traditional natural law ¢ Proposes a new, natural law approach to normativity, drawing on the strengths of traditional natural law theory ¢ Illustrates how natural law may provide a normative base for law A Natural Law Approach to Normativity presents an original perspective on natural law theory and will be of interest to academics in philosophy of law, moral/political philosophy, natural law theorists, and students of jurisprudence internationally.
A Natural Law Approach to Normativity

Author: Bebhinn Donnelly

Publisher: Routledge

ISBN: 9781317187486

Category: Law

Page: 174

View: 670

Exploring the relationship between natural law theory and the philosophy of law, Bebhinn Donnelly proposes a new approach to natural law theory - one which addresses some of the tradition's shortcomings and advances further its approach to Hume's dichotomy. Key features: ¢ Provides a clear definition of `nature' in this context ¢ Contrasts the work of Hume and Kant regarding the `is/ought' issue ¢ Examines the approach in traditional natural law ¢ Presents a full discussion of Finnis and the departure from traditional natural law ¢ Proposes a new, natural law approach to normativity, drawing on the strengths of traditional natural law theory ¢ Illustrates how natural law may provide a normative base for law A Natural Law Approach to Normativity presents an original perspective on natural law theory and will be of interest to academics in philosophy of law, moral/political philosophy, natural law theorists, and students of jurisprudence internationally.
The Normative Force of the Factual

Author: Nicoletta Bersier Ladavac

Publisher: Springer

ISBN: 9783030189297

Category: Law

Page: 180

View: 943

This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.
The Normativity of the Natural

Author: Mark J. Cherry

Publisher: Springer Science & Business Media

ISBN: 9789048123018

Category: Philosophy

Page: 230

View: 110

Western philosophy has long nurtured the hope to resolve moral controversies through reason; thereby to secure moral direction and human meaning without the need for a defining encounter with God or the transcendent. The expectation is for a moral rationality that is universal and able adequately to frame and guide the moral life. Moral and cultural unity was sought though philosophical reflection on human nature and the basic goods of a properly nurtured and virtuous life—that is, through appeal to what has come to be called the natural law. The natural law addresses permissible moral choice through objective understandings of human nature and human goods. Persons are obligated to act in ways that are compatible with creating and integrating the basic human goods into their lives and the lives of others. Such goods provide the basis for practical reasoning about virtuous choices and immediate reasons for action. The goal is the making of rational choices in the pursuit of a virtuous, flourishing, human life. Natural law theorists have argued extensively against human cloning, abortion, and same-gender marriage. Yet, whose assumptions regarding human nature should guide our understanding of the basic goods that mark the full flourishing human life? Moreover, why should nature, even human nature, be thought of as a moral boundary beyond which one must not trespass? Persons may wish actively to direct human evolution, utilizing the tools of both imagination and biotechnology. Perhaps nature is simply a challenge to be addressed, overcome, and set aside. This volume is a critical exploration of natural law theory.
Hans Kelsen and the Natural Law Tradition

Author: Peter Langford

Publisher: BRILL

ISBN: 9789004390393

Category: Philosophy

Page: 556

View: 363

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.
Contemporary Catholic Health Care Ethics

Author: David F. Kelly

Publisher: Georgetown University Press

ISBN: 1589013026

Category: Religion

Page: 356

View: 115

As David Kelly writes, "Catholic moral theology has not been completely constant over the centuries; it has learned and developed." In Contemporary Catholic Health Care Ethics he demonstrates how Catholic health care ethics can—and should—evolve similarly in response to the lightning speed of modern medical advances. Kelly draws on and analyzes the Catholic tradition of medical ethics—but he does not shy away from criticizing it as well, giving health care professionals, hospital ethics committees, and students a fresh treatment of Catholic health care ethics emphasizing theology, methodology, and application. First discussing the Catholic understanding of the human person, Kelly proposes a Catholic Christian approach to the meaning of human life as it applies specifically to health care. He includes a brief history of the relationship between religion and medicine, and makes strong claims about how theology ought and ought not to be applied in health care ethics. Drawing from the terminology and approaches used by secular bioethics, he suggests how a Catholic perspective on health care can utilize certain secular moral-philosophical positions, even as they apply to the issues of birth control, and end-of life concerns. As practitioners, patients, and families face the difficult decision to continue or stop treatment for dying patients, Kelly compassionately, but practically, explores their concerns in light of American law and ethics. Finally, he provides measured insight on pain management, hospital ethics committees, stem cell research, genetic engineering, and allocation of health care resources. Contemporary Catholic Health Care Ethics is informed, challenging, articulate, and bold—bringing to the extremely important field of Catholic health care ethics a much-needed and welcome voice, unafraid to speak to the most difficult issues of the 21st century.
The Normative Claim of Law

Author: Stefano Bertea

Publisher: Bloomsbury Publishing

ISBN: 9781847315434

Category: Law

Page: 316

View: 255

This book focuses on a specific component of the normative dimension of law, namely, the normative claim of law. By 'normative claim' we mean the claim that inherent in the law is an ability to guide action by generating practical reasons having a special status. The thesis that law lays the normative claim has become a subject of controversy: it has its defenders, as well as many scholars of different orientations who have acknowledged the normative claim of law without making a point of defending it head-on. It has also come under attack from other contemporary legal theorists, and around the normative claim a lively debate has sprung up. This debate makes up the main subject of this book, which is in essence an attempt to account for the normative claim and see how its recognition moulds our understanding of the law itself. This involves (a) specifying the exact content, boundaries, quality, and essential traits of the normative claim, (b) explaining how the law can make a claim so specified, and (c) justifying why this should happen in the first place. The argument is set out in two stages, corresponding to the two parts in which the book is divided. In the first part, the author introduces and discusses the meaning, status, and fundamental traits of the normative claim of law; in the second he explores some foundational questions and determines the grounds of the normative claim of law by framing an account that elaborates on some contemporary discussions of Kant's conception of humanity as the source of the normativity of practical reason.
Normative Jurisprudence

Author: Robin West

Publisher: Cambridge University Press

ISBN: 9781139504126

Category: Political Science

Page:

View: 172

Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
A Companion to Philosophy of Law and Legal Theory

Author: Dennis Patterson

Publisher: John Wiley & Sons

ISBN: 9781444320121

Category: Law

Page: 704

View: 211

The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars
Natural Law, Economics and the Common Good

Author: Samuel Gregg

Publisher: Andrews UK Limited

ISBN: 9781845403904

Category: Business & Economics

Page: 355

View: 793

In the wake of the financial crisis of 2008 and ongoing debt-related troubles there have been widespread calls to put banking and economic activity on a secure ethical foundation, either by regulation or through voluntary reform. In this volume a distinguished set of authors explore various economic, philosophical, and ethical ideas from historical, contemporary, and future-looking perspectives. At the core are two related ideas much mentioned but far more rarely examined: the idea of natural law and that of the common good. In these essays the foundations and meaning of these notions are carefully studied and put to work in examining the nature and scope of ethics in relation to global economics.