Natural Law And Natural Rights

Author: John Finnis
Publisher: Oxford University Press
ISBN: 0199599130
Size: 77.81 MB
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Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

Natural Law And Natural Rights

Author: John Finnis
Publisher: OUP Oxford
ISBN: 0191021547
Size: 45.54 MB
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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.

Natural Law And Natural Rights

Author: John Finnis
Publisher: Oxford University Press, USA
ISBN: 9780199599141
Size: 67.41 MB
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The author presents arguments in support of natural law as the foundation of human law, examining the place of justice and morality within the social community and using different sources from ethics and the philosophy of law to advance his theory.

Natural Law Theory

Author: Robert P. George
Publisher: Oxford University Press
ISBN: 9780198235521
Size: 56.93 MB
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This volume presents twelve original essays by contemporary natural law theorists and their critics. Natural law theory is enjoying a revival of interest today in a variety of disciplines, including law, philosophy, political science, and theology and religious studies. These essays offer readers a sense of the lively contemporary debate among natural law theorists of different schools, as well as between natual law theorists and their critics.

Natural Law Laws Of Nature Natural Rights

Author: Francis Oakley
Publisher: A&C Black
ISBN: 0826417655
Size: 37.90 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

Author: Howard P. Kainz
Publisher: Open Court Publishing
ISBN: 9780812694543
Size: 35.10 MB
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According to natural law theory, there exists an objective law of morality based in the nature of human society or human nature. Thus, natural law is inherently true, not a product of a mutable or subjective viewpoint. This fascinating and topical book probes the history and implications of natural law and surveys the ideas of thinkers such as Aristotle, Thomas Aquinas, and Immanuel Kant. The author analyzes the development of natural law from ancient times to the present. In addition, he discusses pressing moral issues (abortion, homosexuality, assisted suicide, and more) in light of natural law theory.

Natural Law In Court

Author: R. H. Helmholz
Publisher: Harvard University Press
ISBN: 0674504615
Size: 31.55 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.

Ministers Of The Law

Author: Jean Porter
Publisher: Wm. B. Eerdmans Publishing
ISBN: 0802865631
Size: 19.54 MB
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"Ministers of the Law is an argument for the importance of the history of Western legal thought for the jurisprudence of political authority. Jean Porter demonstrates that European jurists before the age of legal positivism had placed clear and absolute boundaries on the authority and power of rulers and magistrates. These boundaries were defined by the rights of human beings that transcended the 'rule of law' and constitutions.-Kenneth Pennington Catholic University of America This book is a theological account of a vital element of human flourishing: authority-natural, political, and legal. Porter argues that positive law, national and international, possesses an authority that may trump anti-terrorist expedients and even general humanitarian considerations.-Nigel Biggar University of Oxford The author presents an original account of natural law as a 'basis of legitimization' that can validate a variety of political systems and structures of positive law."-Brian Tierney Cornell University

Between Authority And Interpretation

Author: Joseph Raz
Publisher: OUP Oxford
ISBN: 0191580341
Size: 45.46 MB
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In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.

The Concept Of Law

Author: HLA Hart
Publisher: OUP Oxford
ISBN: 0191630071
Size: 43.96 MB
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Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.