The Defence of Natural Law

Author: Charles Covell

Publisher: Springer

ISBN: 9781349223596

Category: Philosophy

Page: 279

View: 166

The Defence of Natural Law comprises a study of the philosophies of law expounded by Lon L. Fuller, Michael Oakeshott, F.A. Hayek, Ronald Dworkin and John Finnis. The work of these theorists is situated in relation to the modern tradition in legal philosophy. In this way, it is demonstrated that the theorists adhered closely to the natural law standpoint in legal philosophy, while also defending the particular view of the proper functions of law and the state that distinguished the tradition of modern liberalism.
John Locke and America

Author: Barbara Arneil

Publisher: Oxford University Press

ISBN: 0198279671

Category: Philosophy

Page: 230

View: 984

This treatise offers an original interpretation of Locke's doctrine of property, a full account of his writings and activities in relation to the Earl of Shaftesbury, and a new interpretation of Locke's lasting influence on American political thought.
Natural Law and Contemporary Public Policy

Author: David Forte

Publisher: Georgetown University Press

ISBN: 1589013794

Category: Political Science

Page: 416

View: 753

Rooted in Western classical and medieval philosophies, the natural law movement of the last few decades seeks to rediscover fundamental moral truths. In this book, prominent thinkers demonstrate how natural law can be used to resolve a wide range of complex social, political, and constitutional issues by addressing controversial subjects that include the family, taxation, war, racial discrimination, medical technology, and sexuality. This volume will be of value to those working in philosophy, political science, and legal theory, as well as to policy analysts, legislators, and judges.
The Contribution of Natural Law Theory to Moral and Legal Debate Concerning Suicide, Assisted Suicide, and Euthanasia

Author: Craig Paterson

Publisher: CreateSpace

ISBN: 1452868395

Category: Philosophy

Page: 398

View: 535

In chapter one, Paterson argues for the important contribution that a natural law based framework can make towards an analysis of key controversies surrounding the practices of suicide, assisted suicide, and voluntary euthanasia. In the second chapter, he considers a number of historical contributions to the debate. The third chapter takes up the modern context of ideas that have increasingly come to the fore in shaping the 'push' for reform. Particular areas focused upon include the value of human life, the value of personal autonomy, and the rejection of double effect reasoning. In chapter four, Paterson engages in the task of pointing out structural weakness in utilitarianism and deontology. He argues that major systemic weaknesses in both approaches can be overcome by a teleology of basic human goods. In chapter five, Paterson argues for the defence of the intrinsic good of human life from direct attack. He defends the proposition "it is always a serious moral wrong to intentionally kill a human person, whether self or another, regardless of a further appeal to consequences or motive." In chapter six, Paterson argues that the natural law conception of the person in society, centred on the common good, provides a solid framework for assessing both the justification for, as well as the limits on, the role of the state to use its power to legally impose certain moral standards. In chapter seven, he addresses the concrete relationship between natural law and legal policy by exploring the issue of assisted suicide in the constitutional context of the United States.
Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade

Author: Charles P. Nemeth

Publisher: Anthem Press

ISBN: 9781785272073

Category: Law

Page: 236

View: 746

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 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 Jurisprudence in U.S. Supreme Court Cases since “Roe v. Wade” and, by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
American Interpretations of Natural Law

Author: Benjamin Fletcher Wright

Publisher: Routledge

ISBN: 9781351532662

Category: Philosophy

Page: 274

View: 125

This book illustrates the deep roots of natural law doctrines in America's political culture. Originally published in 1931, the volume shows that American interpretations of natural law go to the philosophical heart of the American regime. The Declaration of Independence is the preeminent example of natural law in American political thoughtit is the self-evident truth of American society.Benjamin Wright proposes that the decline of natural law as a guiding factor in American political behaviour is inevitable as America's democracy matures and broadens. What Wright also chronicled, inadvertently, was how the progressive critique of natural law has opened a rift between and among some of the ruling elites and large numbers of Americans who continue to accept it. Progressive elites who reject natural law do not share the same political culture as many of their fellow citizens.Wright's work is important because, as Leo Strauss and others have observed, the decline of natural law is a development that has not had a happy ending in other societies in the twentieth century. There is no reason to believe it will be different in the United States.
Natural Law Theory

Author: Robert P. George

Publisher: Oxford University Press

ISBN: 0198235526

Category: Philosophy

Page: 371

View: 414

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.
Christianity and Natural Law

Author: Norman Doe

Publisher: Cambridge University Press

ISBN: 9781107186446

Category: Law

Page: 350

View: 730

Historically, natural law has played a pivotal role in Christian approaches to the law, and a contested role in legal philosophy generally. However, comparative study of natural law across global Christian traditions is largely neglected. This book provides not only the history of natural law ideas across mainstream Christian traditions worldwide, but also an ecumenical comparison of the contemporary natural law positions of different traditions. Its focus is not solely theoretical: it tests the practical utility of natural law by exploring its use in the legal systems of the churches studied. Alongside analysis of the assumptions underlying the concept, it also proposes a jurisprudence of Christian law itself. With chapters written by distinguished lawyers and theologians across the world, this book is designed for those studying and teaching law or theology, those who practice and study ecumenism, and those involved in the practice of church law.
Culture and the Thomist Tradition

Author: Tracey Rowland

Publisher: Routledge

ISBN: 9781134405831

Category: Religion

Page: 208

View: 288

Thomism's influence upon the development of Catholicism is difficult to overestimate - but how secure is its grip on the challenges that face contemporary society? Culture and the Thomist Tradition examines the crisis of Thomism today as thrown into relief by Vatican II, the twenty-first ecumenical council of the Roman Catholic Church. Following the Church's declarations on culture in the document Gaudium et spes - the Pastoral Constitution on the Church in the Modern World - it was widely presumed that a mandate had been given for transposing ecclesiastical culture into the idioms of modernity. But, says Tracey Rowland, such an understanding is not only based on a facile reading of the Conciliar documents, but was made possible by Thomism's own failure to demonstrate a workable theology of culture that might guide the Church through such transpositions. A Thomism that fails to specify the precise rôle of culture in moral fomration is problematice in a multicultural age, where Christians are exposed to a complex matrix of institutions and traditions both theistic and secular. The ambivalence of the Thomist tradition to modernity, and modern conceptions of rationality, also impedes its ability to successfully engage with the arguments of rivial traditions. Must a genuinely progressive Thomism learn to accomodate modernity? In opposition to such a stance, and in support of those who have resisted the trend in post-Conciliarliturgy to mimic the modernistic forms of mass culture, Culture and the Thomist Tradition musters a synthesis of the theological critiques of modernity to be found in the works of Alasdair MacIntyre, scholars of the international 'Communio' project and the Radical Orthodoxy circle. This synthesis, intended as a post-modern Augustinian Thomism, provides an account of the rôle of culture, memory and narrative tradition in the formation of intellectual and moral character. Re-evaluating the outcome of Vatican II, and forming the basis of a much-needed Thomist theology of culture, the book argues that the anti-beauty orientation of mass culture acts as a barrier to the theological virtue of hope, and ultimately fosters despair and atheism.