The Decline of Natural Law

The Decline of Natural Law
Title The Decline of Natural Law PDF eBook
Author Stuart Banner
Publisher Oxford University Press
Pages 265
Release 2021
Genre Common law
ISBN 0197556493

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The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.

Natural Law and Human Rights

Natural Law and Human Rights
Title Natural Law and Human Rights PDF eBook
Author Pierre Manent
Publisher University of Notre Dame Pess
Pages 212
Release 2020-02-28
Genre Philosophy
ISBN 0268107238

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This first English translation of Pierre Manent’s profound and strikingly original book La loi naturelle et les droits de l’homme is a reflection on the central question of the Western political tradition. In six chapters, developed from the prestigious Étienne Gilson lectures at the Institut Catholique de Paris, and in a related appendix, Manent contemplates the steady displacement of the natural law by the modern conception of human rights. He aims to restore the grammar of moral and political action, and thus the possibility of an authentically political order that is fully compatible with liberty. Manent boldly confronts the prejudices and dogmas of those who have repudiated the classical and Christian notion of “liberty under law” and in the process shows how groundless many contemporary appeals to human rights turn out to be. Manent denies that we can generate obligations from a condition of what Locke, Hobbes, and Rousseau call the “state of nature,” where human beings are absolutely free, with no obligations to others. In his view, our ever-more-imperial affirmation of human rights needs to be reintegrated into what he calls an “archic” understanding of human and political existence, where law and obligation are inherent in liberty and meaningful human action. Otherwise we are bound to act thoughtlessly and in an increasingly arbitrary or willful manner. Natural Law and Human Rights will engage students and scholars of politics, philosophy, and religion, and will captivate sophisticated readers who are interested in the question of how we might reconfigure our knowledge of, and talk with one another about, politics.

Natural Law, Laws of Nature, Natural Rights

Natural Law, Laws of Nature, Natural Rights
Title Natural Law, Laws of Nature, Natural Rights PDF eBook
Author Francis Oakley
Publisher A&C Black
Pages 144
Release 2005-09-22
Genre Philosophy
ISBN 0826417655

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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 Today

Natural Law Today
Title Natural Law Today PDF eBook
Author Christopher Wolfe
Publisher Rowman & Littlefield
Pages 188
Release 2018-10-15
Genre Philosophy
ISBN 1498576435

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Natural Law Today: The Present State of the Perennial Philosophy explains and defends various aspects of traditional natural law ethical theory, which is rooted in a broad understanding of human nature. Some of the issues touched upon include the relation of natural law to speculative reason and human ends (teleology), the relationship between natural law and natural theology, the so-called naturalistic fallacy (deriving “ought” from “is”), and the scope of natural knowledge of the precepts of the natural law, as well as possible limits on it. It also takes up certain historical and contemporary questions, such as the various stances of Protestant thinkers toward natural law, the place of natural law in contemporary U.S. legal thought, and the relationship between natural law and liberal political thought more generally. It brings together a number of the leading exponents of a more traditional or classical form of natural law thought, who claim to root their arguments within the broader philosophy of Thomas Aquinas more deeply than other major representatives of the natural law tradition today.

Aristotle and Natural Law

Aristotle and Natural Law
Title Aristotle and Natural Law PDF eBook
Author Tony Burns
Publisher Bloomsbury Publishing
Pages 225
Release 2011-10-27
Genre Philosophy
ISBN 1441107169

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Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.

Common Law and Natural Law in America

Common Law and Natural Law in America
Title Common Law and Natural Law in America PDF eBook
Author Andrew Forsyth
Publisher Cambridge University Press
Pages 173
Release 2019-04-11
Genre Law
ISBN 110847697X

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Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.

The Cambridge Companion to Natural Law Ethics

The Cambridge Companion to Natural Law Ethics
Title The Cambridge Companion to Natural Law Ethics PDF eBook
Author Tom Angier
Publisher Cambridge University Press
Pages 359
Release 2019-11-07
Genre Philosophy
ISBN 1108422632

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How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.