Author: Robert P. George
Publisher: Oxford University Press
View: 4846This 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.
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
View: 5778One 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.
Author: Michael Bertram Crowe
Publisher: Springer Science & Business Media
View: 9012It has more than once been observed that funeral orations for the natural law have always been premature. ! The implication that the concept has a continuing vitality, giving the lie to the prophets of its doom, is justification for yet another book on a subject, now as much as ever in the two and a half millenia of its history a matter of controversy. The history of the natural law has often been written -or at least the history of the concept in the Western European Greco 2 Roman tradition. This study does not claim to be a history, although its method is primarily historical and its subject is an idea that, more perhaps than most, has been shaped by its history. The omissions, Hobbes, Vico, Kant, Hegel for example, amply demonstrate that this is not a systematic history. On the other hand it accepts that In an orderly preparation for the study of natural law the most impor tant step would be to list the main modifications undergone by the notion of natural law as a result of doctrinal and historical cir cumstances? 1 Bergbohm, Jurisprudenz und Rechtsphilosophie, cited in a. M. Manser, Vas Natu"echt in Thomistischer Beleuchtung, p. 1; cf. A. P. d'Entreves, Natural Law, p. 13: "It was declared dead, never to rise again from its ashes. Yet natural law has survived and still calls for discussion. " 2 A.
An Introduction and Re-examination
Author: Howard P. Kainz
Publisher: Open Court Publishing
View: 9743Is 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.
Author: Peter James Stanlis
Publisher: Transaction Publishers
View: 3741Today 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.
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
A Philosopher's Reflections
Author: Yves René Marie Simon,Vukan Kuic
Publisher: Fordham Univ Press
View: 3944The 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.
Author: Ellen Frankel,Ellen Frankel Paul,Fred D. Miller, Jr,Jeffrey Paul
Publisher: Cambridge University Press
View: 598The essays in this volume--written by academic lawyers as well as legal and moral philosophers--address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy. Some of the essays explore the implications that natural law theory has for jurisprudence, asking what natural law suggests about the use of legal devices such as constitutions and precedents. Other essays examine the connections between natural law and natural rights.
Author: John Finnis
Publisher: Oxford University Press
View: 8989Natural 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.
Author: Michael H. Hoffheimer,Hoffheimer Mich
Publisher: Taylor & Francis
View: 7795Accountability 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.
Author: Bernie Koenig
Publisher: University Press of America
View: 1502Natural Law, Science, and the Social Construction of Reality looks at changes in knowledge and the relationship to values from the modern era to today. Author Bernie Koenig examines Newton's influence on Locke and Kant, how Kant influenced Darwin and Freud, and the implications of their work for both anthropology and moral theory.
Context and Strategies in the Early Enlightenment
Author: M. J. B. Allen,T. Hochstrasser,P. Schröder,Tim J. Hochstrasser Peter Schr der,J. R. Armogathe,A. Gabbey,T. Gregory,J. Henry,J. D. North,J. Popkin,G. A. J. Rogers,Th. Verbeek
Publisher: Springer Science & Business Media
View: 1686The study of natural law theories is presently one of the most fruitful areas of research in the studies of early modern intellectual history, and moral and political theory. Likewise the historical significance of the Enlightenment for the development of `modernisation' in many different forms continues to be the subject of controversy. This collection therefore offers a timely opportunity to re-examine both the coherence of the concept of an `early Enlightenment', and the specific contribution of natural law theories to its formation. The works of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius are reassessed, and the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside - such as in the Huguenot diaspora - is evaluated. This volume will therefore be of importance to all those readers concerned to study the character of the debates in the period 1650-1750 surrounding moral and political agency, sovereignty and obligation, and the legitimation of religious toleration in the divergent states and patriotic contexts of Europe.
Counter-reformation Spanish Political Thought
Author: J. A. Fernández-Santamaría
Publisher: Peter Lang
View: 8410"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.
Author: Mark H. Waddicor
Publisher: Taylor & Francis
View: 2825In 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.
What it is and why We Need it
Author: Charles E. Rice
Publisher: Ignatius Press
View: 3710Charles 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.
Continuity and Discontinuity in the History of Ideas
Author: Francis Oakley
Publisher: Bloomsbury Publishing USA
View: 9224Choice 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.
The Foundation of an Orderly Economic System
Author: Alberto Martinez Piedra
Publisher: Lexington Books
Category: Business & Economics
View: 1325Author Alberto M. Piedra lucidly illustrates the notion of "natural law" through the examination of economic, social, political, and cultural issues. In this work Piedra draws on classical and Christian sources as well as his personal experience as an economist, diplomat, and lecturer on world politics to address philosophical views in a constructive and morally guided exegesis of natural law and economics. This innovative book shows 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.
Author: Norberto Bobbio
Publisher: University of Chicago Press
Category: Biography & Autobiography
View: 8148Pre-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.