The Natural Law

The Natural Law
Author: Heinrich Albert Rommen
Publisher:
Total Pages: 0
Release: 1998
Genre: Law
ISBN: 9780865971615

Download The Natural Law Book in PDF, Epub and Kindle

Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Beginning with the legacies of Greek and Roman life and thought, Rommen traces the natural law tradition to its displacement by legal positivism and concludes with what the author calls "the reappearance" of natural law thought in more recent times. In seven chapters each Rommen explores "The History of the Idea of Natural Law" and "The Philosophy and Content of the Natural Law." In his introduction, Russell Hittinger places Rommen's work in the context of contemporary debate on the relevance of natural law to philosophical inquiry and constitutional interpretation. Heinrich Rommen (1897–1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa.

Natural Law and Thomistic Juridical Realism

Natural Law and Thomistic Juridical Realism
Author: Petar Popovic
Publisher: CUA Press
Total Pages: 328
Release: 2022-02-04
Genre: Law
ISBN: 0813235502

Download Natural Law and Thomistic Juridical Realism Book in PDF, Epub and Kindle

This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

Natural Law, Laws of Nature, Natural Rights

Natural Law, Laws of Nature, Natural Rights
Author: Francis Oakley
Publisher: A&C Black
Total Pages: 144
Release: 2005-09-22
Genre: Philosophy
ISBN: 0826417655

Download Natural Law, Laws of Nature, Natural Rights Book in PDF, Epub and Kindle

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.

Natural Reason and Natural Law

Natural Reason and Natural Law
Author: James Carey
Publisher: Wipf and Stock Publishers
Total Pages: 398
Release: 2019-04-05
Genre: Philosophy
ISBN: 1532657749

Download Natural Reason and Natural Law Book in PDF, Epub and Kindle

Natural law, according to Thomas Aquinas, has its foundation in the evidence and operation of natural, human reason. Its primary precepts are self-evident. Awareness of these precepts does not presuppose knowledge of, or even belief in, the existence of God. The most interesting criticisms of Thomas Aquinas’s natural-law teaching in modern times have been advanced by the political philosopher Leo Strauss and his followers. The purpose of this book is to show that these criticisms are based on misunderstandings and that they are inconclusive at best. Thomas Aquinas’s natural-law teaching is fully rational. It is accessible to man as man.

Natural Law

Natural Law
Author: Alberto Martinez Piedra
Publisher: Lexington Books
Total Pages: 226
Release: 2004
Genre: Business & Economics
ISBN: 9780739109496

Download Natural Law Book in PDF, Epub and Kindle

Author 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.

Natural Law in Court

Natural Law in Court
Author: R. H. Helmholz
Publisher: Harvard University Press
Total Pages: 285
Release: 2015-06-08
Genre: Law
ISBN: 0674504615

Download Natural Law in Court Book in PDF, Epub and Kindle

The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

Natural Law and Justice

Natural Law and Justice
Author: Lloyd L. Weinreb
Publisher: Harvard University Press
Total Pages: 340
Release: 1987
Genre: Law
ISBN: 9780674604261

Download Natural Law and Justice Book in PDF, Epub and Kindle

"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.

Knowing the Natural Law

Knowing the Natural Law
Author: Steven J. Jensen
Publisher: CUA Press
Total Pages: 249
Release: 2015-03-26
Genre: Philosophy
ISBN: 081322733X

Download Knowing the Natural Law Book in PDF, Epub and Kindle

Knowing the Natural Law traces the thought of Aquinas from an understanding of human nature to a knowledge of the human good, from there to an account of ought-statements, and finally to choice, which issues in human actions. The much discussed article on the precepts of the natural law (I-II, 94, 2) provides the framework for a natural law rooted in human nature and in speculative knowledge. Practical knowledge is itself threefold: potentially practical knowledge, virtually practical knowledge, and fully practical knowledge.

After the Natural Law

After the Natural Law
Author: John Lawrence Hill
Publisher: Ignatius Press
Total Pages: 312
Release: 2016
Genre: Philosophy
ISBN: 1621640175

Download After the Natural Law Book in PDF, Epub and Kindle

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.

Thomas Hobbes and the Natural Law

Thomas Hobbes and the Natural Law
Author: Kody W. Cooper
Publisher: University of Notre Dame Pess
Total Pages: 413
Release: 2018-03-30
Genre: Philosophy
ISBN: 0268103046

Download Thomas Hobbes and the Natural Law Book in PDF, Epub and Kindle

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 W. 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.