Natural Law and Natural Rights

Author: John Finnis
Publisher: Oxford University Press
ISBN: 9780199599134
Release Date: 2011-04-07
Genre: Law

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 Laws of Nature Natural Rights

Author: Francis Oakley
Publisher: A&C Black
ISBN: 9780826417657
Release Date: 2005-09-22
Genre: Philosophy

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.

Reason Morality and Law

Author: John Keown
Publisher: Oxford University Press
ISBN: 9780199675500
Release Date: 2013-03-21
Genre: Law

This volume gathers leading moral, legal, and political philosophers alongside theologians to examine John Finnis' work. The book offers the first sustained critical study of Finnis' contribution across the philosophy of rationality, legal and political philosophy, and theology. It includes a substantial response from Finnis himself in which he defends and develops his ideas.

Essays in Jurisprudence and Philosophy

Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 9780191018725
Release Date: 1983-11-24
Genre: Law

This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

Natural Law Theory

Author: Robert P. George
Publisher: Oxford University Press
ISBN: 0198235526
Release Date: 1994
Genre: Philosophy

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.

In Defense of Natural Law

Author: Robert P. George
Publisher: Oxford University Press on Demand
ISBN: 0199242992
Release Date: 2001
Genre: Business & Economics

In his collection George extends the critique of liberalism he expounded in Making Men Moral and also goes beyond it to show how contemporary natural law theory provides a superior way of thinking about basic problems of justice and political morality. It is written with the same combination of stylistic elegance and analytical rigour that distinguished his critical work. Not content merely to defend natural law from its cultural despisers, he deftly turns the tables and deploys the idea to mount a stunning attack on regnant liberal beliefs about such issues as abortion, sexuality, and the place of religion in public life.

Fundamentals of Ethics

Author: John Finnis
Publisher: Georgetown University Press
ISBN: 0878404082
Release Date: 1983
Genre: Philosophy

Are we entitled to be confident that our moral judgements can be objective? Can they express insights into aspects of reality, rather than mere feelings, tastes, desires, decisions, upbringing, or conventions? Why must we consider some of our choices to be free, and how do our free choices matter? How far should our moral judgements be based on assessments of expected consequences? Can utilitarianism, and other consequentialist or proportionalist theories, be anything more than the rationalization of positions taken on other grounds? The main theme of this book is the challenge to ethics from philosophical scepticism and from contemporary forms of consequentialism. But in seeking to meet this challenge, the book develops a sustained philosophical argument about many of the central questions of ethics. It reviews classical positions, and challenges some long-influential interpretations of those positions. It also reviews and participates in some recent developments and controversies in Anglo-American ethical theory. The activity of ethical theorizing itself is shown to be a matter of free and intelligent decision, in pursuit of intelligible good; it thus provides a test-case for any ethical theory.

Ministers of the Law

Author: Jean Porter
Publisher: Wm. B. Eerdmans Publishing
ISBN: 9780802865632
Release Date: 2010-10-22
Genre: Law

"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

Natural Law

Author: Jacques Maritain
Publisher: St Augustine PressInc
ISBN: STANFORD:36105110171993
Release Date: 2001-01-01
Genre: Philosophy

Can there be universal moral principles in a culturally and religiously diverse world? Are such principles provided by a theory of natural law? Jacques response to both questions is "yes". These essays, selected from the writings of one of the most influential philosophers of the past hundred years, provide a clear statement of Maritain's theory of natural law and natural rights. Maritain's ethics and political philosophy occupies a middle ground between the extremes of individualism and collectivism. Written during a period when cultural diversity and pluralism were beginning to have an impact on ethics and politics, these essays provide a defense of natural law and natural right that continues to be timely. The first essay introduces Maritain's theory of connatural knowledge -- knowledge by inclination -- that lies at the basis of his distinctive views on moral philosophy, aesthetics, and mystical belief. The second essay gives Maritain's principal metaphysical arguments for natural law as well as his account of how that law can be naturally known and universally held. The third essay in this collection explains the roots of the natural law and shows how it provides a rational foundation for other kinds of law and for human rights. In the fourth essay, reflecting his personalism and integral humanism, Maritain indicates how he extends his understanding of human rights to include the rights of the civic and of the social or working person.

Legality

Author: Scott J. Shapiro
Publisher: Harvard University Press
ISBN: 9780674058910
Release Date: 2011-01-03
Genre: Law

Legality is a profound work in analytical jurisprudence, the branch of legal philosophy which deals with metaphysical questions about the law. In the twentieth century, there have been two major approaches to the nature of law. The first and most prominent is legal positivism, which draws a sharp distinction between law as it is and law as it might be or ought to be. The second are theories that view law as embedded in a moral framework. Scott Shapiro is a positivist, but one who tries to bridge the differences between the two approaches. In Legality, he shows how law can be thought of as a set of plans to achieve complex human goals. His new “planning” theory of law is a way to solve the “possibility problem”, which is the problem of how law can be authoritative without referring to higher laws.

Playing by the Rules

Author: Frederick Schauer
Publisher: Clarendon Press
ISBN: 9780191018749
Release Date: 1991-08-22
Genre: Law

This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.

Liberty and Law

Author: Brian Tierney
Publisher: CUA Press
ISBN: 9780813225814
Release Date: 2014-02-14
Genre: Law

Liberty and Law examines a previously underappreciated theme in legal history - the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government.

Introduction to Company Law

Author: Paul Davies
Publisher: OUP Oxford
ISBN: 9780191021527
Release Date: 2010-09-23
Genre: Law

Written by one of the foremost experts in the area, Paul Davies' Introduction to Company Law provides a comprehensive conceptual introduction, giving readers a clear framework with which to navigate the intricacies of company law. The five core features of company law - separate legal personality, limited liability, centralized management, shareholder control, and transferability of shares - are clearly laid out and examined, then these features are used to provide an organisation structure for the conduct of business. It also discusses legal strategies that can be used to deal with arising problems, the regulation of relationships between the parties, and the trade-offs that have been made in British company law to address some of the conflicting issues that have arisen. Fully revised to take into account the Companies Act 2006, and including a new chapter on international law which considers the role of European Community Law, this new edition in the renowned Clarendon Law Series offers a concise and stimulating introduction to company law.

The Authority of Law

Author: Joseph Raz
Publisher: Oxford University Press on Demand
ISBN: 9780199573561
Release Date: 2009-06-18
Genre: Law

Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values.

After the Natural Law

Author: John Lawrence Hill
Publisher: Ignatius Press
ISBN: 9781621640172
Release Date: 2016
Genre: Philosophy

The "natural law" worldview developed over the course of almost two thousand years beginning with Plato and Aristotle and culminating with St. Thomas Aquinas in the thirteenth century. This tradition holds that the world is ordered, intelligible and good, that there are objective moral truths which we can know and that human beings can achieve true happiness only by following our inborn nature, which draws us toward our own perfection. Most accounts of the natural law are based on a God-centered understanding of the world. After the Natural Law traces this tradition from Plato and Aristotle to Thomas Aquinas and then describes how and why modern philosophers such as Descartes, Locke and Hobbes began to chip away at this foundation. The book argues that natural law is a necessary foundation for our most important moral and political values – freedom, human rights, equality, responsibility and human dignity, among others. Without a theory of natural law, these values lose their coherence: we literally cannot make sense of them given the assumptions of modern philosophy. Part I of the book traces the development of natural law theory from Plato and Aristotle through the crowning achievement of Thomas Aquinas. Part II explores how modern philosophers have systematically chipped away at the only coherent foundation for these values. As a result, our most important moral and political ideals today are incoherent. Modern political and moral thinkers have been led either to dilute the meaning of such terms as freedom or the moral good – or abandon these ideas altogether. Thus, modern philosophy and political thought are leading us either toward anarchy or totalitarianism. The conclusion, entitled "Why God Matters", shows how even the philosophical assumptions of the natural law depend on a personal God.