A Natural Law Approach to Normativity

Author: Bebhinn Donnelly
Publisher: Routledge
ISBN: 1317187482
Format: PDF, Docs
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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.

Normative Jurisprudence

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

Law as a Leap of Faith

Author: John Gardner
Publisher: Oxford University Press
ISBN: 0199695555
Format: PDF, Kindle
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In a series of essays John Gardner has developed distinctive and engaging answers to the central questions of legal philosophy, cutting through the technicalities of the subject to clarify and reinvigorate the main arguments about the nature of law. This volume collects that work to provide a major contribution to the literature on jurisprudence.

Natural Law and Justice

Author: Lloyd L. Weinreb
Publisher: Harvard University Press
ISBN: 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.

Assisted Suicide and Euthanasia

Author: Craig Paterson
Publisher: Routledge
ISBN: 1351575074
Format: PDF
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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'.

Meta Ethics and Normative Ethics

Author: H.J. MacCloskey
Publisher: Springer Science & Business Media
ISBN: 9401192995
Format: PDF, ePub, Docs
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The purpose of this work is to develop a general theory of ethics which ex plains the logical status of moral judgments and the nature of the general principles which we should adopt and on the basis of which we should act. The enquiry into the logical function of moral judgments is entered into as important in its own right and as a preliminary to the normative enquiry, for it is on the basis of our conclusions in the area of meta-ethics, that we de termine the appropriate method of reaching our normative ethic. The ap proach followed in the meta-ethical enquiry is that of examining theories of the past and present with a view to seeing why and in what respects they fail, in particular, what features of moral discourse are not adequately explained or accommodated by them. A positive theory which seeks to take full account of these and all other logical features of moral discourse is then developed in terms of a modified intuitionism of the kind outlined by W. D. Ross, 'good' being explained as the name of a consequential property, 'right' in terms of moral suitability, and moral obligations as consisting in our being constrained to act in certain ways by facts we apprehend to constitute moral reasons which constrain us so to act.

Moral Leadership in the Church A Normative Approach

Author: Bishop Felix Clarence Orji
Publisher: WestBow Press
ISBN: 1449794718
Format: PDF, ePub, Mobi
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In a time of confusion, uncertainty, debate, and division regarding what constitutes right moral behaviour, the subject of responsible moral leadership in the church takes on fresh urgency. But at this critical time of need for moral leadership, too many clergy simply mirror the uncertainty or abnegate the responsibility. This book addresses this anomaly specifically by proposing a normative model for moral leadership in the local church. Pastors and leaders of all Christians traditions will find this book very informative and useful. The book begins with an overview of the historical, theological and biblical bases for Christian leadership and more particularly, what the moral dimension of such leadership means. Various Christian traditions are surveyed for insights into the character, vision and tasks of moral leadership including the authoritative sources for ethical reflection and moral guidance. Since Dr. Felix Orji is a Bishop in the Anglican Communion, he includes a chapter on that tradition to give a sense of the ecclesiastical ethos in which presbyters must exercise such leadership. This is followed by a clear examination of Scripture in regard to what it tells us about moral leadership. This book ends with a detailed normative model for moral leadership in the church and a leadership training resource specifically designed for such leadership.