Natural Law Laws Of Nature Natural Rights

Author: Francis Oakley
Publisher: A&C Black
ISBN: 0826417655
Size: 64.53 MB
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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.

Natural Law And Laws Of Nature In Early Modern Europe

Author: Michael Stolleis
Publisher: Routledge
ISBN: 1317089766
Size: 11.52 MB
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This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.

Natural Law In Court

Author: R. H. Helmholz
Publisher: Harvard University Press
ISBN: 0674504615
Size: 78.47 MB
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Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.

Second Treatise Of Government

Author: John Locke
Publisher: Point Blank Classics
ISBN: 1634610199
Size: 64.13 MB
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This Point Blank Classics edition includes the full original text as well as an easy to use interactive table of contents. The Two Treatises of Government (or "Two Treatises of Government: In the Former, The False Principles, and Foundation of Sir Robert Filmer, and His Followers, Are Detected and Overthrown. The Latter Is an Essay Concerning The True Original, Extent, and End of Civil Government") is a work of political philosophy published anonymously in 1689 by John Locke. The First Treatise attacks patriarchalism in the form of sentence-by-sentence refutation of Robert Filmer's Patriarcha, while the Second Treatise outlines Locke's ideas for a more civilized society based on natural rights and contract theory. Two Treatises is divided into the First Treatise and the Second Treatise. The original title of the Second Treatise appears to have been simply "Book II," corresponding to the title of the First Treatise, "Book I." Before publication, however, Locke gave it greater prominence by (hastily) inserting a separate title page: "An Essay Concerning the True Original, Extent and End of Civil Government." The First Treatise is focused on the refutation of Sir Robert Filmer, in particular his Patriarcha, which argued that civil society, was founded on a divinely sanctioned patriarchalism. Locke proceeds through Filmer's arguments, contesting his proofs from Scripture and ridiculing them as senseless, until concluding that no government can be justified by an appeal to the divine right of kings. The Second Treatise outlines a theory of civil society. John Locke begins by describing the state of nature, a picture much more stable than Thomas Hobbes' state of "war of every man against every man," and argues that all men are created equal in the state of nature by God. From this, he goes on to explain the hypothetical rise of property and civilization, in the process explaining that the only legitimate governments are those that have the consent of the people. Therefore, any government that rules without the consent of the people can, in theory, is overthrown.

American Interpretations Of Natural Law

Author: Benjamin Fletcher Wright
Publisher: Routledge
ISBN: 1351532669
Size: 34.45 MB
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This book illustrates the deep roots of natural law doctrines in America's political culture. Originally published in 1931, the volume shows that American interpretations of natural law go to the philosophical heart of the American regime. The Declaration of Independence is the preeminent example of natural law in American political thought?it is the self-evident truth of American society.Benjamin Wright proposes that the decline of natural law as a guiding factor in American political behaviour is inevitable as America's democracy matures and broadens. What Wright also chronicled, inadvertently, was how the progressive critique of natural law has opened a rift between and among some of the ruling elites and large numbers of Americans who continue to accept it. Progressive elites who reject natural law do not share the same political culture as many of their fellow citizens.Wright's work is important because, as Leo Strauss and others have observed, the decline of natural law is a development that has not had a happy ending in other societies in the twentieth century. There is no reason to believe it will be different in the United States.

Institutes Of Divine Jurisprudence

Author: Christian Thomasius
Publisher: Liberty Fund
ISBN: 9780865975187
Size: 66.15 MB
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Christian Thomasius’s natural jurisprudence is essential to understanding the origins of the Enlightenment in Germany, where his importance was comparable to that of John Locke’s in England. First published in 1688, Thomasius’s Institutionum jurisprudentiae divinae (Institutes of Divine Jurisprudence) attempted to draw a clear distinction between natural and revealed law and to emphasize that human reason was able to know the precepts of natural law without the aid of Scripture. Thomasius also argued that his orthodox Lutheran opponents had failed to understand this distinction and thereby had confused reason and Scripture. In addition to the Institutes of Divine Jurisprudence, this volume contains significant selections from his Fundamenta juris naturae et gentium (Foundations of the Law of Nature and Nations), published in 1705. In Foundations Thomasius significantly revised the theory he had put forward in the Institutes, and much of the Foundations therefore is a paragraph-by-paragraph commentary on his earlier ideas. These works are a companion to Thomasius’s Essays on Church, State, and Politics, and together they provide the first-ever English presentation of this preeminent German thinker. Christian Thomasius (1655-1728) was a German philosopher and legal theorist. He was a cofounder of the University of Halle, where he was also a professor. Thomas Ahnert is a Senior Lecturer in History at the University of Edinburgh. Knud Haakonssen is Professor of Intellectual History at the University of Sussex, England.