Natural Law in Court
Title | Natural Law in Court PDF eBook |
Author | R. H. Helmholz |
Publisher | Harvard University Press |
Pages | 285 |
Release | 2015-06-08 |
Genre | Law |
ISBN | 0674504615 |
The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.
Natural Law and Legal Practice
Title | Natural Law and Legal Practice PDF eBook |
Author | René Isidore Holaind |
Publisher | |
Pages | 368 |
Release | 1899 |
Genre | Law |
ISBN |
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 |
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.
The Natural Law and the Legal Profession
Title | The Natural Law and the Legal Profession PDF eBook |
Author | Catholic Lawyers' Guild of Chicago |
Publisher | |
Pages | 100 |
Release | 1950 |
Genre | Legal ethics |
ISBN |
The Natural Law
Title | The Natural Law PDF eBook |
Author | Heinrich Albert Rommen |
Publisher | |
Pages | 0 |
Release | 1998 |
Genre | Law |
ISBN | 9780865971615 |
Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Beginning with the legacies of Greek and Roman life and thought, Rommen traces the natural law tradition to its displacement by legal positivism and concludes with what the author calls "the reappearance" of natural law thought in more recent times. In seven chapters each Rommen explores "The History of the Idea of Natural Law" and "The Philosophy and Content of the Natural Law." In his introduction, Russell Hittinger places Rommen's work in the context of contemporary debate on the relevance of natural law to philosophical inquiry and constitutional interpretation. Heinrich Rommen (1897–1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa.
The Natural Law and the Legal Profession
Title | The Natural Law and the Legal Profession PDF eBook |
Author | Catholic Lawyers Guild of Chicago |
Publisher | Hassell Street Press |
Pages | 106 |
Release | 2021-09-09 |
Genre | |
ISBN | 9781014286987 |
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Natural Law for Lawyers
Title | Natural Law for Lawyers PDF eBook |
Author | J. Budziszewski |
Publisher | |
Pages | 0 |
Release | 2006 |
Genre | Law |
ISBN | 9781932124798 |
The cultural chatter about “rights” is often muddled. Are there really “rights”? What is their source? Can we really know where to draw lines, even legal lines? The law’s moral basis is something that citizens “can’t not know.” Clarity does exist. And this truth is something that all people, especially attorneys must understand. In a cogent, but accessible way, Dr. Budzeszewski sets forth the reality of the natural law-the higher law--and in doing so provides clarity and direction for those laboring in law and policy.