The Decline of Natural Law

The Decline of Natural Law

Author: Stuart Banner

Publisher: Oxford University Press

Published: 2021

Total Pages: 265

ISBN-13: 0197556493

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The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.


Natural Law and Justice

Natural Law and Justice

Author: Lloyd L. Weinreb

Publisher: Harvard University Press

Published: 1987

Total Pages: 340

ISBN-13: 9780674604261

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"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.


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

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


The Development of Moral Theology

The Development of Moral Theology

Author: Charles E. Curran

Publisher: Georgetown University Press

Published: 2013-11-08

Total Pages: 317

ISBN-13: 1626160201

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Charles Curran in his newest book The Development of Moral Theology: Five Strands, brings a unique historical and critical analysis to the five strands that differentiate Catholic moral theology from other approaches to Christian ethics—sin and the manuals of moral theology, the teaching of Thomas Aquinas and later Thomists, natural law, the role of authoritative church teaching in moral areas, and Vatican II. Significant changes have occurred over the course of these historical developments. In addition, pluralism and diversity exist even today, as illustrated, for example, in the theory of natural law proposed by Cardinal Ratzinger. In light of these realities, Curran proposes his understanding of how the strands should influence moral theology today. A concluding chapter highlights the need for a truly theological approach and calls for a significant change in the way that the papal teaching office functions today and its understanding of natural law. In a work useful to anyone who studies Catholic moral theology, The Development of Moral Theology underscores, in the light of the historical development of these strands, the importance of a truly theological and critical approach to moral theology that has significant ramifications for the life of the Catholic church.


The Changing Profile of the Natural Law

The Changing Profile of the Natural Law

Author: Michael Bertram Crowe

Publisher: Springer Science & Business Media

Published: 2013-12-01

Total Pages: 333

ISBN-13: 9401509131

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It 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.


Natural and Divine Law

Natural and Divine Law

Author: Jean Porter

Publisher: Wm. B. Eerdmans Publishing

Published: 1999

Total Pages: 348

ISBN-13: 9780802846976

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Though the concept of natural law took center stage during the Middle Ages, the theological aspects of this august intellectual tradition have been largely forgotten by the modern church. In this book ethicist Jean Porter shows the continuing significance of the natural law tradition for Christian ethics. Based on a careful analysis of natural law as it emerged in the medieval period, Porter's work explores several important scholastic theologians and canonists whose writings are not only worthy of study in their own right but also make important contributions to moral reflection today.


Edmund Burke and the Natural Law

Edmund Burke and the Natural Law

Author: Peter Stanlis

Publisher: Routledge

Published: 2017-09-29

Total Pages: 420

ISBN-13: 135131226X

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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.


Natural Law

Natural Law

Author: Howard P. Kainz

Publisher: Open Court Publishing

Published: 2004

Total Pages: 172

ISBN-13: 9780812694543

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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.


Natural Law, Laws of Nature, Natural Rights

Natural Law, Laws of Nature, Natural Rights

Author: Francis Oakley

Publisher: A&C Black

Published: 2005-09-22

Total Pages: 144

ISBN-13: 0826417655

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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.