Author: John Finnis
Publisher: Oxford University Press
Release Date: 2011-04-07
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.
Author: Andrzej Kucinski
Publisher: Verlag Ferdinand Schöningh
Release Date: 2017-05-17
In der Bundestagsrede 2011 hat Benedikt XVI. das Schlagwort „Ökologie des Menschen" in Verbindung mit dem Naturrecht gebracht. Letzteres steht für die Integration des Menschlichen und wird aktuell, wo der Mensch über sich selbst verfügen will. Die Zeit des Naturrechts als System ist vorbei, unabweisbar aber bleibt die Frage nach Leben und Sein des Menschen „im Recht". So wird z. B. bei biomedizinischen Eingriffen in das menschliche Genom die Frage nach der künftigen Identität der Menschennatur gestellt. Kein anderer Philosoph hat den konstitutiven Zielbezug des Naturrechts auf die Person des Menschen als allem Denken vorausliegendes Sein so deutlich herausgearbeitet wie Robert Spaemann. Die Erschließung der Entsprechung von Sein und Sollen, wie sie in jeder Person schon präsent ist, und die Umsetzung in eine grenzbewusste Ethik sind entscheidende Anstöße zur Erneuerung naturrechtlichen Denkens.
Author: J. Daryl Charles
Publisher: Wm. B. Eerdmans Publishing
Release Date: 2008-04-14
"In this volume J. Daryl Charles offers a trenchant response to the dearth of Protestant thinking on common-ground moral discourse. Retrieving the Natural Law restates "moral first things" and uniquely applies natural-law thinking to crucial current bioethical issues."--BOOK JACKET.
Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to a better understanding of human goods without contradictions and partial bias. The purpose of the present volume is to provide an overview of the history of this concept (Cicero, St. Paul, Aquinas, Melanchthon, Montaigne, Descartes, Leibniz, Hume, Burke, Kant, MacIntyre, etc.) as well as a deep understanding of ongoing research, both in Europe and in America. Furthermore, the specificity of these studies will be of particular value to philosophers, law-philosophers, historians, anthropologists, sociologists and theologians, and those concerned on such issues as the relation between law and moral norm, law and practical reason, and the presence of the idea of natural law in several prominent thinkers. It includes a selected bibliography on natural law. The book also provides an excellent introduction to several of the major topics in natural law theory making it useful both as a reference text and as a sourcebook for academics alike. "Natural law is a rich, complex, and highly disputed term. Since its first appearances in the history of Western civilization, it has been used both to point to God as the source of the moral order and to assert that there is an objective order of justice in nature that men and their laws ought to respect. In modern times, natural law theory gave birth to what we usually call “human rights.” Unlike the meaning of the term, the importance of an ongoing debate on natural law and on the theories related to it is undisputable. This is why I welcome today this new collection of essays edited by Alejandro Néstor García Martínez, Mario Šilar and José M. Torralba. Natural Law: Historical, Systematic and Juridical Approaches includes a wide variety of studies, covering key authors and issues in natural law theory. Younger students will appreciate the clarity of the chapters, and more trained readers the detailed and accurate bibliographical references that each of them offers. The editors’s choice to go from a historical approach to contemporary theories, and then to theoretical and more practical issues is also commendable. Students in philosophy and in legal theory will greatly benefit from this book." —Fulvio Di Blasi, author of God and the Natural Law: A Rereading of Thomas Aquinas
These essays are an attempt to recover something of the form, style and force of Catholic non-official social thinking in the face of contemporary social thought and contemporary injustice in advanced societies. After an opening essay by the doyen of Catholic writers in this field, Jean-Yves Calvez, SJ, the book is divided into three sections. The first and largest group of essays discuss patterns and predicaments of Catholic social thought in general terms and from different points of view. The context here is partly the debate on modernity, high-modernity and post-modernity, partly the issue of how far and in what ways Catholic Social Thought can claim to be distinctive, relative to contemporary secular thought. The second section of the book focusses on relationships between Catholic social thought and its restatement, and a number of contemporary debates on public issues. Particular attention is given, in successive essays, to issues of anti-poverty, human rights, economic theory and international finance. A third and shorter section describes a number of institutional projects which attempt to carry Catholic social values forward into concrete action, focussing on work in health and welfare, grass roots economic co-operation, anti-poverty and international peace and justice. Final contributions by the reputed international scholar in this field, John Coleman, SJ, and the book editors, respectively evaluate the collection as a whole and discuss further steps.
Author: Dennis Patterson
Publisher: John Wiley & Sons
Release Date: 2010-01-15
The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures that the volume continues to offer the most up-to-date coverage of current thinking in legal philosophy. Represents the definitive handbook of philosophy of law and contemporary legal theory, invaluable to anyone with an interest in legal philosophy Now features ten entirely new articles, covering the areas of risk, regulatory theory, methodology, overcriminalization, intention, coercion, unjust enrichment, the rule of law, law and society, and Kantian legal philosophy Essays are written by an international team of leading scholars
Author: Karen Makuch
Publisher: John Wiley & Sons
Release Date: 2012-07-23
Genre: Technology & Engineering
Despite bringing prosperity, industrialisation generally leads to increasing levels of pollution which has a detrimental impact on the environment. In response, legislation which seeks to control or prevent such impact has become common. Similarly, climate change and energy security have become major drivers for the regulatory regimes that have emerged in the energy field. Given the global or regional scope of many environmental problems, international cooperation is often necessary to ensure such legislation is effective. The EU and the UK have contributed to the development of the environmental and energy law regimes currently in force, spanning across international, transnational and national levels. At the same time, practical responses to environmental and energy problems have largely been the focus of engineers, scientists and other technical experts. Environmental & Energy Law attempts to bridge the knowledge gap between legal developments designed to achieve environmental and/or energy-related objectives and the practical, scientific and technical considerations applicable to the same environmental problems. In particular, it attempts to convey a broad range of topical issues in environmental and energy law, from climate and energy regulation, technology innovation and transfer, to pollution control, environmental governance and enforcement. In addition the book outlines key sector specific legal regimes (including water, waste and air quality management), focusing on issues or topics that are particularly relevant to both environmental and energy lawyers, and engineering, science and technology-oriented professionals and students. In this vein, the book guides the reader on some basic practical applications of the law within scientific, engineering and other practical settings. The book will be useful to all those working or studying in the environmental or energy arena, including law students, legal professionals, engineering and science students and professionals. By adopting a multi-disciplinary approach to environmental and energy law, the book embraces all readerships and helps to address the often thorny problem of communication between scientists, engineers, lawyers and policy-makers.
Author: Charles A. Anderson
Publisher: Mohr Siebeck
Release Date: 2011
Philo of Alexandria significantly influenced the early Christian tradition, fusing ancient philosophy and biblical interpretation. His views on the physical world appear contradictory, depicting it as God's enemy but also his greatest work. The answer is to see his views perspectivally. Ultimately, the higher perspective is negative about the world, which sets him off from both the Old Testament and ancient philosophy.
Author: J. Daryl Charles
Release Date: 2017-07-20
Every successive generation finds fresh reasons for the study of natural law. Current interest in the natural law may well be due to a pervasive moral pessimism in the Western cultural context and wider contemporary geopolitical challenges. Those geopolitical challenges result from two significant and worrisome global developments – unprecedented violent persecution of religious minorities on several continents and a growing climate of secular hostility toward religious faith in Western societies. Natural Law and Religious Freedom aims to address what is relatively absent from the literature by demonstrating the importance of natural law ethics in both establishing and preserving basic human rights, of which religious freedom has pride of place. Probing contemporary challenges to natural law thinking that are both internal and external to religious faith, and examining the character and constitution of natural law ethics, Natural Law and Religious Freedom will be of interest to theologians, ethicists and philosophers as well as policy analysts, politicians and activists who are concerned to anchor religious freedom and human rights policy considerations in an enduring way.
Author: René Provost
Publisher: Springer Science & Business Media
Release Date: 2012-08-10
Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Author: Stephen Salkever
Publisher: Cambridge University Press
Release Date: 2009-04-27
The Cambridge Companion to Ancient Greek Political Thought provides a guide to understanding the central texts and problems in ancient Greek political thought, from Homer through the Stoics and Epicureans. Composed of essays specially commissioned for this volume and written by leading scholars of classics, political science, and philosophy, the Companion brings these texts to life by analysing what they have to tell us about the problems of political life. Focusing on texts by Homer, Herodotus, Thucydides, Plato, and Aristotle, among others, they examine perennial issues, including rights and virtues, democracy and the rule of law, community formation and maintenance, and the ways in which theorizing of several genres can and cannot assist political practice.
Author: Christian Erk
Publisher: Walter de Gruyter GmbH & Co KG
Release Date: 2015-09-14
This work explores a controversial strategy for dealing with the chronic financial deficits in our health care system – namely, rationing based on the criterion of personal responsibility. It argues that while rationing by personal responsibility is basically morally permissible, it is only possible in a very limited number of instances. For this reason, the use of this rationing criterion should be rejected.
Author: Father Ernest L. Fortin
Publisher: Rowman & Littlefield Publishers
Release Date: 1996-11-21
In Volume Two of Ernest Fortin: Collected Essays, Fortin deals with the relationship between religion and civil society in a Christian context: that of an essentially nonpolitical but by no means entirely otherwordly religion, many of whose teachings were thought to be fundamentally at odds with the duties of citizenship. Sections focus upon Augustine and Aquinas, on Christianity and politics; natural law, natural rights, and social justice; and Leo Strauss and the revival of classical political philosophy. Fortin's treatment of these and related themes betrays a keen awareness of one of the significant intellectual events of our time: the recovery of political philosophy as a legitimate academic discipline.
Author: Nico Schrijver
Publisher: Cambridge University Press
Release Date: 2008-01-03
In modern international law, permanent sovereignty over natural resources has come to entail duties as well as rights. This study analyses the evolution of permanent sovereignty from a political claim to a principle of international law, and examines its significance for a number of controversial issues such as people's rights, nationalization and environmental conservation. Although political discussion has long focused on the rights arising from permanent sovereignty, Dr Schrijver argues that this has been at the expense of the consideration of the corollary obligations it also entails. His book thus identifies directions sovereignty over natural resources has taken in an increasingly interdependent world and demonstrates its relevance to debate on foreign-investment regulation, the environment and sustainable development.
Author: T. M. Murray, PhD
Release Date: 2015-08-14
Imagine a future scenario in which prospective parents will have the option to decide the sexual orientation of their offspring in the privacy of a doctor’s consultation room. In the past, liberals dreaded the intrusion of a paternalistic state apparatus into the minutiae of people’s private lives. In the future they may have to fear the reverse: that private reproductive decisions will impact the very demographic composition of future generations that make up ‘the public’. Nowhere does this book claim that the ability to isolate a ‘gay gene’ or similar genetic marker for homosexuality currently exists. Rather, it demonstrates how Christian bioethicists and liberal eugenicists have so far anticipated and addressed the seemingly implausible scenario just described and provides a liberal critique of the their arguments, should pre-natal selection for sexual orientation ever become a genuine possibility. Murray provides an unprecedented survey of Christian bioethicists’ responses to the ‘gay science’ of the 1990’s, and shows where they fit in a long religious tradition of stigmatizing and pathologizing homosexual people that stretches back to first century Christian communities. This book contains no assertion that all people who identify as homosexual, gay, lesbian, bi, or transgender are born that way. Nor does it suggest that being ‘born that way’ is a necessary condition for granting full legal acceptance of homosexual behavior. Rather, it reveals how religious teachings about human sexuality have both misrepresented the facts of human nature and misjudged their ethical significance. Murray’s analysis provides an opportunity for the universal and global church and those who object to homosexuality as less than innate to reconsider and learn new perspectives. – Reverend Rowland Jide Macaulay, Founder & CEO, House Of Rainbow Fellowship, Lagos, Nigeria and London, United Kingdom A fresh, informative and challenging contribution to the scientific and ethical issues concerning homosexuality, which debunks traditional Christian objections and tackles the emerging debate around the potential of ‘genome editing’ to eliminate same-sex behaviour. – Peter Tatchell, human rights campaigner