The Changing Profile of the Natural Law

Author: Michael Bertram Crowe
Publisher: Springer Science & Business Media
ISBN: 9789401509138
Release Date: 2013-12-01
Genre: Law

It has more than once been observed that funeral orations for the natural law have always been premature. ! The implication that the concept has a continuing vitality, giving the lie to the prophets of its doom, is justification for yet another book on a subject, now as much as ever in the two and a half millenia of its history a matter of controversy. The history of the natural law has often been written -or at least the history of the concept in the Western European Greco 2 Roman tradition. This study does not claim to be a history, although its method is primarily historical and its subject is an idea that, more perhaps than most, has been shaped by its history. The omissions, Hobbes, Vico, Kant, Hegel for example, amply demonstrate that this is not a systematic history. On the other hand it accepts that In an orderly preparation for the study of natural law the most impor tant step would be to list the main modifications undergone by the notion of natural law as a result of doctrinal and historical cir cumstances? 1 Bergbohm, Jurisprudenz und Rechtsphilosophie, cited in a. M. Manser, Vas Natu"echt in Thomistischer Beleuchtung, p. 1; cf. A. P. d'Entreves, Natural Law, p. 13: "It was declared dead, never to rise again from its ashes. Yet natural law has survived and still calls for discussion. " 2 A.

Natural Law and Justice

Author: Lloyd L. Weinreb
Publisher: Harvard University Press
ISBN: 0674604261
Release Date: 1987
Genre: Law

"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.

The Development of Moral Theology

Author: Charles E. Curran
Publisher: Georgetown University Press
ISBN: 9781626160194
Release Date: 2013-11-08
Genre: Religion

Charles Curran in his newest book The Development of Moral Theology: Five Strands, brings a unique historical and critical analysis to the five strands that differentiate Catholic moral theology from other approaches to Christian ethics—sin and the manuals of moral theology, the teaching of Thomas Aquinas and later Thomists, natural law, the role of authoritative church teaching in moral areas, and Vatican II. Significant changes have occurred over the course of these historical developments. In addition, pluralism and diversity exist even today, as illustrated, for example, in the theory of natural law proposed by Cardinal Ratzinger. In light of these realities, Curran proposes his understanding of how the strands should influence moral theology today. A concluding chapter highlights the need for a truly theological approach and calls for a significant change in the way that the papal teaching office functions today and its understanding of natural law. In a work useful to anyone who studies Catholic moral theology, The Development of Moral Theology underscores, in the light of the historical development of these strands, the importance of a truly theological and critical approach to moral theology that has significant ramifications for the life of the Catholic church.

Natural Law

Author: Howard P. Kainz
Publisher: Open Court Publishing
ISBN: 0812694546
Release Date: 2004
Genre: Law

Is there such a thing as an objective law of morality? Natural law theorists maintain that there is, and Natural Law probes the history and implications of this powerful concept. Tracing the development of natural law from ancient times to the present, the book also examines the leading figures, transitions, and turning points in the idea's evolution, and brings a natural law approach to contemporary issues such as abortion, homosexuality, and assisted suicide.

Poverty and Morality

Author: William A. Galston
Publisher: Cambridge University Press
ISBN: 9781139491068
Release Date: 2010-09-20
Genre: Philosophy

This multi-authored book explores the ways that many influential ethical traditions - secular and religious, Western and non-Western - wrestle with the moral dimensions of poverty and the needs of the poor. These traditions include Buddhism, Christianity, Confucianism, Hinduism, Islam, and Judaism, among the religious perspectives; classical liberalism, feminism, liberal-egalitarianism, and Marxism, among the secular; and natural law, which might be claimed by both. The basic questions addressed by each of these traditions are linked to several overarching themes: what poverty is, the particular vulnerabilities of high-risk groups, responsibility for the occurrence of poverty, preferred remedies, how responsibility for its alleviation is distributed, and priorities in the delivery of assistance. This volume features an introduction to the types, scope, and causes of poverty in the modern world and concludes with Michael Walzer's broadly conceived commentary, which provides a direct comparison of the presented views and makes suggestions for further study and policy.

Nature as Reason

Author: Jean Porter
Publisher: Wm. B. Eerdmans Publishing
ISBN: 0802849067
Release Date: 2005
Genre: Law

This noteworthy book develops a new theory of the natural law that takes its orientation from the account of the natural law developed by Thomas Aquinas, as interpreted and supplemented in the context of scholastic theology in the twelfth and thirteenth centuries. Though this history might seem irrelevant to twenty-first-century life, Jean Porter shows that the scholastic approach to the natural law still has much to contribute to the contemporary discussion of Christian ethics. Aquinas and his interlocutors provide a way of thinking about the natural law that is distinctively theological while at the same time remaining open to other intellectual perspectives, including those of science. In the course of her work, Porter examines the scholastics' assumptions and beliefs about nature, Aquinas's account of happiness, and the overarching claim that reason can generate moral norms. Ultimately, Porter argues that a Thomistic theory of the natural law is well suited to provide a starting point for developing a more nuanced account of the relationship between specific beliefs and practices. While Aquinas's approach to the natural law may not provide a system of ethical norms that is both universally compelling and detailed enough to be practical, it does offer something that is arguably more valuable -- namely, a way of reflecting theologically on the phenomenon of human morality.

The Medieval Tradition of Natural Law

Author: Johnson, Harold J. (Harold Joseph)
Publisher: Kalamazoo, Mich. : Medieval Institute Publications, Western Michigan University
ISBN: UOM:39015019067159
Release Date: 1987
Genre: History


The Medieval Tradition of Natural Law

Author: Harold Joseph Johnson
Publisher: Kalamazoo, Mich. : Medieval Institute Publications, Western Michigan University
ISBN: 0918720818
Release Date: 1987
Genre: History

This anthology aims to add flesh to the bones and the supplements, reservations, and alternatives for a deeper understanding of the tradition of natural law throughout the medieval period. It runs contrary to the opinion so commonly held since the Renaissance, that any tradition deemed medieval has little or even nothing to offer to contemporary needs and interests. The essays contained herein put to bed such a notion with fresh and interesting takes on Thomas Aquinas, Martin Luther, natural law in the traditions of Golden Age Spain, and more.

Feminist ethics and natural law

Author: Cristina L. H. Traina
Publisher: Georgetown Univ Pr
ISBN: UOM:39015043768475
Release Date: 1999-05
Genre: Law

Heated debates over such issues as abortiion, contraception, ordination, and Church heirarchy suggest that feminist and natural law ethics are diametrically opposed. Cristina L. H. Traina now reexamines both Roman Catholic natural law tradition and Anglo-American feminist ethics and reconciles the two positions by showing how some of their aims and assumptions complement one another. After carefully scrutinizing Aquinas's moral theology and analyzing trends in both contemporary feminist ethics and twentieth-century Roman Catholic theology, Traina shows that a truly Thomistic natural law ethic provides a much needed holistic foundation for contemporary feminist ethics. She proposes an innovative union of two supposedly antagonistic schools of thought, a new feminist natural law that would yeild more comprehensive moral analysis than either existing tradition alone.

Narrative and the Natural Law

Author: Pamela M. Hall
Publisher:
ISBN: UOM:39015033994164
Release Date: 1994
Genre: Law

The Narative and the Natural Law brings Thomistic ethics into conversation with ongoing debates in contemporary moral philosophy, especially virtue theory and moral psychology, and with current trends in narrative theory and the philosophy of history. Pamela M. Hall's study offers a solid, challenging alternative to rigid, legalistic interpretations of the substantial discussions of law in Aquinas's Summa theologiae and defends Aquinas's ethics from charges of excessive legalism.

Natural Law Religion and Rights

Author: Henrik Syse
Publisher: St Augustine PressInc
ISBN: 189031871X
Release Date: 2007
Genre: Law

This book discusses some of those ethical and political questions that puzzled several of the great minds of the twentieth century, such as Leo Strauss, Eric Voegelin, Jacques Maritain, and John Finnis: the question of natural law and its relationship to a teaching of individual freedom and rights. The main aim of the book is to interpret anew the relationship between law and rights in Thomas Hobbes and John Locke, two important founders of modern rights doctrines. But in order to put their teachings into the right perspective, Syse also portrays and discusses other models of law and rights, from Aristotle, through Thomas Aquinas, to John Duns Scotus and William of Ockham, with detours to the teachings of Plato, Cicero, and Augustine. Throughout the discussion, the role of religion and revelation is given center stage as a complex, yet fascinating picture of the relationship between natural law, religion, and rights emerges -- one which is neither as simple nor as complicated as often imagined. Natural Law, Religion, and Rights should be of interest both to students struggling with the meaning and contents of the natural law tradition, as well as to teachers and researchers working on the many-faceted problems of natural law and natural rights.

Grotius Pufendorf and Modern Natural Law

Author: Knud Haakonssen
Publisher: Dartmouth Publishing Company
ISBN: 1855219859
Release Date: 1999-01
Genre: Philosophy

This is a collection of essays ranging from Pufendorf, Sociality and the Modern State by Craig L. Carr and Michael Seidler, to Conscience and Reason: The Natural Law Theory of Jean Barbeyrac by Tim Hochstrasser.