A Natural Law Approach to Normativity

Author: Bebhinn Donnelly
Publisher: Routledge
ISBN: 1317187482
Format: PDF, Kindle
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Exploring the relationship between natural law theory and the philosophy of law, Bebhinn Donnelly proposes a new approach to natural law theory - one which addresses some of the tradition's shortcomings and advances further its approach to Hume's dichotomy. Key features: ¢ Provides a clear definition of `nature' in this context ¢ Contrasts the work of Hume and Kant regarding the `is/ought' issue ¢ Examines the approach in traditional natural law ¢ Presents a full discussion of Finnis and the departure from traditional natural law ¢ Proposes a new, natural law approach to normativity, drawing on the strengths of traditional natural law theory ¢ Illustrates how natural law may provide a normative base for law A Natural Law Approach to Normativity presents an original perspective on natural law theory and will be of interest to academics in philosophy of law, moral/political philosophy, natural law theorists, and students of jurisprudence internationally.

Pure Theory of Law

Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775785
Format: PDF, Docs
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Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.

Natural Law and Justice

Author: Lloyd L. Weinreb
Publisher: Harvard University Press
ISBN: 9780674604261
Format: PDF, Docs
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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.

Assisted Suicide and Euthanasia

Author: Craig Paterson
Publisher: Routledge
ISBN: 1351575074
Format: PDF, Kindle
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As medical technology advances and severely injured or ill people can be kept alive and functioning long beyond what was previously medically possible, the debate surrounding the ethics of end-of-life care and quality-of-life issues has grown more urgent.In this lucid and vigorous new book, Craig Paterson discusses assisted suicide and euthanasia from a fully fledged but non-dogmatic secular natural law perspective. He rehabilitates and revitalises the natural law approach to moral reasoning by developing a pluralistic account of just why we are required by practical rationality to respect and not violate key demands generated by the primary goods of persons, especially human life.Important issues that shape the moral quality of an action are explained and analysed: intention/foresight; action/omission; action/consequences; killing/letting die; innocence/non-innocence; and, person/non-person. Paterson defends the central normative proposition that 'it is always a serious moral wrong to intentionally kill an innocent human person, whether self or another, notwithstanding any further appeal to consequences or motive'.

Normative Jurisprudence

Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Format: PDF, Mobi
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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.

Unpacking Normativity

Author: Kenneth Einar Himma
Publisher: Hart Publishing
ISBN: 9781509916245
Format: PDF, ePub, Mobi
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"Unpacking Normativity is a follow-up to the international conference "Legal Normativity and Language," which was organised at the Faculty of Law, University of Belgrade, on 19 October 2015."--ECIP introduction.

An Introduction to Ethics

Author: Brian Besong
Publisher: Wipf and Stock Publishers
ISBN: 1498298907
Format: PDF, ePub, Docs
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It is natural for us to wonder what should I do, and why? And although a combination of common sense and upbringing aids us in answering our questions, it is also natural for us to seek answers that are grounded in something deeper and more enduring than our personal dispositions and those of our parents. We seek a genuinely good life and the practical wisdom necessary to arrive at happiness. In this Introduction to Ethics, Brian Besong presents a comprehensive and contemporary introduction to the practical wisdom handed down to us by Aristotle, St. Thomas Aquinas, and many others—a position now commonly called “natural law.” Written as a beginner’s guide, the book systematically explores a range of moral issues including moral knowledge, happiness, right and wrong action, and virtues, to name a few. Introduction to Ethics explains in a lively way how natural law provides principled and persuasive answers to our most fundamental moral questions.

Law and Justice in Community

Author: Garrett Barden
Publisher: Oxford University Press on Demand
ISBN: 0199592683
Format: PDF, ePub
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This book is a statement of a general theory of law. In technical terms it is not a book about jurisprudence (the philosophy of law) but rather a book of jurisprudence; in other words it proposes a philosophy or theory of law. It provides answers to the questions, 'what is law?' and 'what is justice?', and it claims to do so in a better and more comprehensive way than existing theories. In answering these questions the book draws on sources that have addressedthese questions down through the ages: among the key influences, for example, are Roman law and the works of Aristotle, St Thomas Aquinas and Thomas Hobbes. These and many other sources are combined with additional analysis and ideas to propose a complete and fresh account of how 'law' and 'justice'should be understood.