The Changing Profile of the Natural Law

Author: Michael Bertram Crowe

Publisher: BRILL

ISBN: 9789024719921

Category: Law

Page: 321

View: 5659

This work approaches international law as more than merely information contained in international legal norms, & does not view international law as a body of objective & binding normative commands. As 'legal knowledge', international law encompasses rules, practices & the expectations actors derive through legal reasoning from conventional legal rules, customary norms, international adjudication, & international legal theory. The study is in three parts. Part I constructs a framework to analyze the effectiveness of international law to influence decision-making within conflict resolution processes. Drawing on the contending approaches of the New Haven School of International Law & its rivals & applying various devices of linkage theory, the analysis isolates variables & indicators of the impact of legal expectations on actors' decision-making style. These variables & indicators also reveal the ways international legal rules are affected by the actors' perceptions about the normative contents of such rules in a particular bargaining process. Parts II & III apply the framework of Part I to explain the role of international law in the Central American peace negotiations of the 1980s. Using the framework, Parts II & III identify sources of uncertainty & diverging expectations in the Western Hemisphere that aggravated rather than assuaged the Central American crisis. Parts II & III also explain the normative constraints that affected Central American decision-makers & provided the basis for most of the regional consensus within the Esquipulas meeting. With the help of heuristic devices from the behavioral sciences, this study of international law proposes an alternative to the traditional views of international legal effectiveness in the modern world. Joaquín Tacsan , Lic. en Der. & M.A. International Law (University of Costa Rica); L.L.M. J.S.D. (Boalt Hall, University of California, Berkeley). Mr Tacsan currently serves as Executive Advisor to former President of Costa Rica & 1987 Nobel Laureate Oscar Arias & as program Advisor of the Arias Foundation's Centre for Peace & Reconciliation. He is professor of Public International Law at the University of San Jose, Costa Rica.
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Natural Law Theory

Contemporary Essays

Author: Robert P. George

Publisher: Oxford University Press

ISBN: 9780198235521

Category: Philosophy

Page: 371

View: 4643

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.
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Natural Law

An Introduction and Re-examination

Author: Howard P. Kainz

Publisher: Open Court Publishing

ISBN: 9780812694543

Category: Law

Page: 151

View: 4277

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.
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Edmund Burke and the Natural Law

Author: Peter James Stanlis

Publisher: Transaction Publishers

ISBN: 9781412822213

Category:

Page: 311

View: 305

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.
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The principles of natural law

in which the true systems of morality and civil government are established; and the different sentiments of Grotius, Hobbes, Puffendorf, Barbeyrac, Locke, Clark, and Hutchinson, occasionally considered

Author: Jean Jacques Burlamaqui

Publisher: N.A

ISBN: N.A

Category: Law

Page: 312

View: 7369

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The Tradition of Natural Law

A Philosopher's Reflections

Author: Yves René Marie Simon,Vukan Kuic

Publisher: Fordham Univ Press

ISBN: 9780823206414

Category: Law

Page: 194

View: 1878

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 asthe 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 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.
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Natural Law and Natural Rights

Author: John Finnis

Publisher: Oxford University Press

ISBN: 0199599130

Category: Law

Page: 494

View: 6808

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.
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Natural Law

The Scientific Ways of Treating Natural Law, Its Place in Moral Philosophy, and Its Relation to the Positive Sciences of Law

Author: G. W. F. Hegel

Publisher: University of Pennsylvania Press

ISBN: 081220025X

Category: Philosophy

Page: 144

View: 2328

One of the central problems in the history of moral and political philosophy since antiquity has been to explain how human society and its civil institutions came into being. In attempting to solve this problem philosophers developed the idea of natural law, which for many centuries was used to describe the system of fundamental, rational principles presumed universally to govern human behavior in society. By the eighteenth century the doctrine of natural law had engendered the related doctrine of natural rights, which gained reinforcement most famously in the American and French revolutions. According to this view, human society arose through the association of individuals who might have chosen to live alone in scattered isolation and who, in coming together, were regarded as entering into a social contract. In this important early essay, first published in English in this definitive translation in 1975 and now returned to print, Hegel utterly rejects the notion that society is purposely formed by voluntary association. Indeed, he goes further than this, asserting in effect that the laws brought about in various countries in response to force, accident, and deliberation are far more fundamental than any law of nature supposed to be valid always and everywhere. In expounding his view Hegel not only dispenses with the empiricist explanations of Hobbes, Hume, and others but also, at the heart of this work, offers an extended critique of the so-called formalist positions of Kant and Fichte.
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Natural Law in Jurisprudence and Politics

Author: Mark C. Murphy

Publisher: Cambridge University Press

ISBN: 1107320925

Category: Philosophy

Page: N.A

View: 4585

Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.
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Natural Law, Constitutionalism, Reason of State, and War

Counter-reformation Spanish Political Thought

Author: J. A. Fernández-Santamaría

Publisher: Peter Lang

ISBN: 9780820474274

Category: History

Page: 471

View: 7068

"Natural Law, Constitutionalism, Reason of State, and War: Counter-Reformation Spanish Political Thought (Volumes I and II)" aims at understanding how Spanish thinkers in the sixteenth and early seventeenth centuries approached the emerging institution of the state. Both volumes are divided evenly into four distinct but related parts that cover the Spaniards' central concerns. In the first part, a fundamental question is asked: Is the state a natural institution? In the second, the theme is determining the best form of government. The third part is concerned with the imperative need to define the ethical boundaries beyond which the state must not trespass. Finally, the fourth part examines the question of war as an instrument of policy.
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Justice Holmes and the Natural Law

Author: Michael H. Hoffheimer,Hoffheimer Mich

Publisher: Taylor & Francis

ISBN: 9780815308966

Category: History

Page: 145

View: 4759

Accountability in Education discusses the debate surrounding the accountability of teachers and questions the responsibility that parents, other groups and even children themselves have for their experience at school. In this book, Robert Wagner examines the assumptions underlying criticisms of major institutions for their lack of attention to the ethical and practical ramifications of their policies. Wagner questions the validity of this assumption by analyzing accountability relationships in schools, discussing the responsibility students have for the quality of their own experiences--as well as the potential accountability of parents and other groups--and relating the issue of accountability in education to questions of moral and legal obligation in areas such as business, government and law. His book provides a cogent philosophical analysis of accountability and is invaluable to an understanding of a majour issue in the contemporary discussion of education.
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Montesquieu and the Philosophy of Natural Law

Author: Mark H. Waddicor

Publisher: Taylor & Francis

ISBN: 9789024750399

Category: History

Page: 217

View: 3387

In the last hundred years, the philosophy of natural law has suffered a fate that could hardly have been envisaged by the seventeenth and eighteenth century exponents of its universality and eternity: it has become old-fashioned. The positivists and the Marxists were happy to throw eternal moral ity out of the window, confident that some magic temporal harmony would eventually follow Progress in by the front door. Their hopes may not have been fully realized, but they did succeed in discrediting natural law. What is often not appreciated is the extent to which we have adopted the tenets of the philosophy they despised, borh in the field of politics, and in the field of personal and social ethics, which Barbeyrac called "la science des mreurs" and which the positivists re christened "social science". Consequently, though we live in a world whose freedom, such as it is, is largely a result of the popularization of the philosophy of natural law, and whose conscious and unconscious standards, such as they are, are a result of that philosophy as it became combined with Christianity, the doctrine of natural law is itself for gotten. In view of the oblivion into which it has fallen, natural law is a concept which means little to the average reader. All too often, Montesquieu scholars have traded on this oblivion in order to give an exaggerated picture of his originality.
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The Threads of Natural Law

Unravelling a Philosophical Tradition

Author: Francisco José Contreras

Publisher: Springer Science & Business Media

ISBN: 9400756569

Category: Philosophy

Page: 242

View: 4420

The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. The contributions to this volume discuss both historical and contemporary schools of natural law. Topics on historical schools of natural law include: how Aristotelian theory of rules paved the way for the birth of the idea of "natural law"; the idea's first mature account in Cicero's work; the tension between two rival meanings of “man’s rational nature” in Aquinas’ natural law theory; and the scope of Kant’s allusions to “natural law”. Topics on contemporary natural law schools include: John Finnis's and Germain Grisez's “new natural law theory”; natural law theories in a "broader" sense, such as Adolf Reinach’s legal phenomenology; Ortega y Gasset’s and Scheler’s “ethical perspectivism”; the natural law response to Kelsen’s conflation of democracy and moral relativism; natural law's role in 20th century international law doctrine; Ronald Dworkin’s understanding of law as “a branch of political morality”; and Alasdair Macintyre’s "virtue"-based approach to natural law.​
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Natural Law, Laws of Nature, Natural Rights

Continuity and Discontinuity in the History of Ideas

Author: Francis Oakley

Publisher: Bloomsbury Publishing USA

ISBN: 1441133313

Category: Philosophy

Page: 144

View: 6301

Choice Outstanding Academic Title 2006 The existence and grounding of human or natural rights is a heavily contested issue today, not only in the West but in the debates raging between "fundamentalists" and "liberals" or "modernists in the Islamic world. So, too, are the revised versions of natural law espoused by thinkers such as John Finnis and Robert George. This book focuses on three bodies of theory that developed between the thirteenth and seventeenth centuries: (1) the foundational belief in the existence of a moral/juridical natural law, embodying universal norms of right and wrong and accessible to natural human reason; (2) the understanding of (scientific) uniformities of nature as divinely imposed laws, which rose to prominence in the seventeenth century; and (3), finally, the notion that individuals are bearers of inalienable natural or human rights. While seen today as distinct bodies of theory often locked in mutual conflict, they grew up inextricably intertwines. The book argues that they cannot be properly understood if taken each in isolation from the others.
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Natural Law and Justice

Author: Lloyd L. Weinreb

Publisher: Harvard University Press

ISBN: 9780674604261

Category: Law

Page: 320

View: 6877

"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.
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Narrative, Nature, and the Natural Law

From Aquinas to International Human Rights

Author: C. Fred Alford

Publisher: Palgrave Macmillan

ISBN: N.A

Category: Political Science

Page: 186

View: 8331

Beginning with Saint Thomas Aquinas and ending with the latest developments in international human rights, Narrative, Nature, and the Natural Law: From Aquinas to International Human Rights brings a fairly traditional interpretation of the natural law to some rather untraditional problems and areas, including evolutionary natural law. The term “traditional interpretation” refers not to the religious or ideological perspective of the book, but rather to the view that natural law is “written on the heart.” Untraditional is the way the book uses narrative theory to put feelings into words, and words into feelings. In other words, stories, rather than argument, become the basic unit of the natural law.
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Natural Law in Judaism

Author: David Novak

Publisher: Cambridge University Press

ISBN: 9780521055680

Category: Religion

Page: 224

View: 5810

This 1998 book presents a theory of natural law, significant for the study of Judaism, philosophy and comparative ethics.
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50 Questions on the Natural Law

What it is and why We Need it

Author: Charles E. Rice

Publisher: Ignatius Press

ISBN: 0898707501

Category: Law

Page: 411

View: 2542

Charles Rice, professor of the jurisprudence of St. Thomas Aquinas for the last twenty years at Notre Dame Law School, presents a very readable book on the natural law as seen through the teachings of Aquinas and their foundations in reason and Revelation. Reflecting on the most persistent questions asked by his students over the years, Rice shows how the natural law works and how it is rooted in the nature of the human person whose Creator provided this law as a sure and knowable guide for man to achieve his end of eternal happiness. This book presents the teachings of the Catholic Church in her role as arbiter of the applications of the natural law on issues involving the right to live, bioethics, the family and the economy. Charles Rice has produced a firmly grounded and accessible handbook which touches on the most important topics regarding natural law that will benefit readers of all backgrounds.
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Natural Law

The Foundation of an Orderly Economic System

Author: Alberto M. Piedra

Publisher: Lexington Books

ISBN: 0739158074

Category: Religion

Page: 224

View: 5317

This innovative book illustrates the value of appeals to a governing, natural law and attendant principles such as the common good, subsidiarity, hierarchy, spiritual welfare, the reciprocity of freedom and authority, and the cultivation of personal moral and intellectual virtue. Natural Law will appeal to scholars, professionals, and others interested in the cultivation of personal moral and intellectual virtue.
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Natural Law Modernized

Author: David Braybrooke

Publisher: University of Toronto Press

ISBN: 9780802086440

Category: Philosophy

Page: 351

View: 5457

Braybrooke challenges received scholarly opinion by arguing that canonical theorists Hobbes, Locke, Hume, and Rousseau took St Thomas Aquinas as their point of reference, reinforcing rather than departing from his natural law theory.
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