Natural Law in Jurisprudence and Politics
Natural Law in Jurisprudence and Politics

Author: Mark C. Murphy

Publisher: Cambridge University Press

Published: 2006-03-13

Total Pages: 205

ISBN-13: 1107320925

DOWNLOAD EBOOK

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.

The Cambridge Companion to Natural Law Ethics
The Cambridge Companion to Natural Law Ethics

Author: Tom Angier

Publisher: Cambridge University Press

Published: 2019-11-07

Total Pages: 359

ISBN-13: 1108422632

DOWNLOAD EBOOK

How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.

Normative Jurisprudence
Normative Jurisprudence

Author: Robin West

Publisher: Cambridge University Press

Published: 2011-08-22

Total Pages: 221

ISBN-13: 1139504126

DOWNLOAD EBOOK

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.

Natural Law Theory
Natural Law Theory

Author: Tom Angier

Publisher: Cambridge University Press

Published: 2021-09-16

Total Pages: 118

ISBN-13: 1108586392

DOWNLOAD EBOOK

In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.

Natural Law and the Nature of Law
Natural Law and the Nature of Law

Author: Jonathan Crowe

Publisher: Cambridge University Press

Published: 2019-04-25

Total Pages: 275

ISBN-13: 1108498302

DOWNLOAD EBOOK

Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.

The Problem of Natural Law
The Problem of Natural Law

Author: Douglas Kries

Publisher: Lexington Books

Published: 2008

Total Pages: 218

ISBN-13: 9780739120378

DOWNLOAD EBOOK

The Problem of Natural Law examines the understanding of conscience offered by Thomas Aquinas, who provided the classic statement of natural law. The book suggests that natural law theory could be improved by bracketing Thomistic conscience and then shows how a natural law pos...

Natural Law and Public Reason
Natural Law and Public Reason

Author: Robert P. George

Publisher: Georgetown University Press

Published: 2000

Total Pages: 220

ISBN-13: 9780878407668

DOWNLOAD EBOOK

"Public reason" is one of the central concepts in modern liberal political theory. As articulated by John Rawls, it presents a way to overcome the difficulties created by intractable differences among citizens' religious and moral beliefs by strictly confining the place of such convictions in the public sphere. Identifying this conception as a key point of conflict, this book presents a debate among contemporary natural law and liberal political theorists on the definition and validity of the idea of public reason. Its distinguished contributors examine the consequences of interpreting public reason more broadly as "right reason," according to natural law theory, versus understanding it in the narrower sense in which Rawls intended. They test public reason by examining its implications for current issues, confronting the questions of abortion and slavery and matters relating to citizenship. This energetic exchange advances our understanding of both Rawls's contribution to political philosophy and the lasting relevance of natural law. It provides new insights into crucial issues facing society today as it points to new ways of thinking about political theory and practice.

Thomas Hobbes and the Natural Law
Thomas Hobbes and the Natural Law

Author: Kody W. Cooper

Publisher: University of Notre Dame Pess

Published: 2018-03-30

Total Pages: 413

ISBN-13: 0268103046

DOWNLOAD EBOOK

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.