Contemporary Perspectives on Natural Law

Author: Ana Marta González
Publisher: Routledge
ISBN: 1317160606
Format: PDF, Kindle
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Resorting to natural law is one way of conveying the philosophical conviction that moral norms are not merely conventional rules. Accordingly, the notion of natural law has a clear metaphysical dimension, since it involves the recognition that human beings do not conceive themselves as sheer products of society and history. And yet, if natural law is to be considered the fundamental law of practical reason, it must show also some intrinsic relationship to history and positive law. The essays in this book examine this tension between the metaphysical and the practical and how the philosophical elaboration of natural law presents this notion as a "limiting-concept", between metaphysics and ethics, between the mutable and the immutable; between is and ought, and, in connection with the latter, even the tension between politics and eschatology as a double horizon of ethics. This book, contributed to by scholars from Europe and America, is a major contribution to the renewed interest in natural law. It provides the reader with a comprehensive overview of natural law, both from a historical and a systematic point of view. It ranges from the mediaeval synthesis of Aquinas through the early modern elaborations of natural law, up to current discussions on the very possibility and practical relevance of natural law theory for the contemporary mind.

The Architecture of Law

Author: Brian M. McCall
Publisher: University of Notre Dame Pess
ISBN: 0268103364
Format: PDF, Mobi
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What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Artistotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.

A Theory of Justice

Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Format: PDF, Kindle
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Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Hugo Grotius and the Modern Theology of Freedom

Author: Jeremy Seth Geddert
Publisher: Routledge
ISBN: 1315525798
Format: PDF, Docs
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Human rights are thought to guarantee pluralism by protecting individual liberty from imposed religious conceptions of virtue. Yet critics often argue that this secular focus on merely avoiding violations can also enable unfettered individualism and undermine appeals to the common good. This book uncovers in secular rights pioneer Hugo Grotius a rights theory that points toward the enlargement of individual responsibility. It grounds this connection in Grotius’ unexplored theological corpus, which reveals a dual metaethics and jurisprudence. Here a deontological natural law undergirds a secular theory of rights that is self-aware of its own limitations. A teleological practical reason then guides the exercise of these rights, so as not to compromise the political order that defends them. The book then illustrates this symbiosis of rights and responsibilities in five areas: consent theories of government, rights of rebellion, criminal punishment, war and international responsibility, and Atonement theology. This reassesses Grotius’ legacy as a secularist opponent of classical political thought, and suggests that modern liberalism and universal human rights are compatible with a world of resurgent religion.

Identities Through Fashion

Author: Ana Marta González
Publisher: Berg
ISBN: 0857851187
Format: PDF
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Fashion has become a fertile field of study for academics across disciplines, now that the rules, once tightly fixed, have been deconstructed. This volume brings together academics from various disciplines - philosophy, sociology, medicine, anthropology, psychology and psychiatry - to examine fashion's complex relationship with post-industrial societies. Herein the authors address, from the standpoint of their respective disciplines, what crucial functions fashion fulfils in the modern world, especially as it relates to the construction and deconstruction of the self. This volume is the result of a conference held by the Social Trends Institute at which the authors presented original papers. The Social Trends Institute is a non-profit research centre that offers institutional and financial support to academics in all fields who research and explore emerging social trends and their effects on human communities. The Institute focuses its research on four main subject areas: family, bioethics, culture and lifestyles, and corporate governance.

On Modern Origins

Author: Richard Kennington
Publisher: Lexington Books
ISBN: 9780739108154
Format: PDF, Kindle
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Richard Kennington (1921-1999), a professor for many years at Pennsylvania State University and the Catholic University of America, was renowned for his insight in reading and teaching early modern philosophy. Although he published articles and spoke widely, never before have his writings been collected in a book. On Modern Origins deftly shows how modern thinkers assessed the errors of the classical tradition and established in its place a philosophy that fuses a new meaning of nature and of theory with humanitarian goals. This volume is an essential source for scholars seeking to understand the contemporary significance of the dawning of the modern era.

Natural Law and Natural Rights

Author: John Finnis
Publisher: OUP Oxford
ISBN: 0191021547
Format: PDF, Kindle
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First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.

C S Lewis on Politics and the Natural Law

Author: Justin Buckley Dyer
Publisher: Cambridge University Press
ISBN: 1107108241
Format: PDF, Mobi
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This book shows how Lewis was interested in the truths and falsehoods about human nature and how these conceptions manifest themselves in the public square.