classical natural law in jurisprudence

A defense of a contemporary natural law theory of practical rationality. Found inside – Page iThe work of these theorists is situated in relation to the modern tradition in legal philosophy. Found insideR. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice. Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’. This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights. Found insideFinally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts. This book will appeal to political theorists and philosophers and be of particular interest to Hobbes scholars and natural law theorists. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. While the first part of the book introduces the reader to that historical development, the latter part vindicates the natural law tradition’s relevance to current ethical, political, and jurisprudential discourse. The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship. Found insideThe 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. Found insideOffers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics. "This volume presents a selection of previously published essays by Joseph Boyle, a crucial contributor to 20th century Catholic moral philosophy through his development of the New Classical Natural Law Theory"-- This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law. Found insideIn his major new work, David Boucher surveys the history of thinking about human rights and shows that far from being seen as universal and emancipatory, they have almost always privileged certain groups in relation to others. 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 ... This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Looking to find common threads that run between the philosophies of these two great thinkers of the Classical and Medieval periods, this book aims to determine whether or not there exists a common ground whereby ethical debates and dilemmas ... 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 ... This volume presents twelve original essays by contemporary natural law theorists and their critics. 1: What Is Legal Theory? 2: Critical Reasoning 3: Classical Natural Law Theories 4: Legal Positivism 5: Contemporary Natural Law Theories 6: Liberalism and Law 7: Critical Legal Theories 8: Fundamental Legal Conceptions 9: The Role of the ... Found insideThe Oxford Handbook of Roman Law and Society surveys the landscape of contemporary research and charts principal directions of future inquiry. Found inside – Page i"Aquinas," says Jean Porter, "gets justice right." In this book she shows that Aquinas offers us a cogent and illuminating account of justice as a personal virtue rather than a virtue of social institutions. The Oxford Handbook of Hobbes collects twenty-six newly commissioned, original chapters on the philosophy of the English thinker Thomas Hobbes (1588-1679). This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy. This text presents a comprehensive view of jurisprudential legal theory, providing essential perspectives on its history and on the modern legal landscape, allowing for a deeper understanding of society and our system of laws. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. This new critique of Aquinas's theory of natural law discusses the background of the theory in Aristotle and advances new interpretations of contemporary legal issues which hark back to Aquinas. This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law. Found insideNatural Law Today gives a strong voice to classical natural law theory as the best answers to the fundamental questions of ethics and as the best framework for political and social life. Found insideIndividual theories are discussed in detail in the first part of the book, before these positions are applied to a wide range of contemporary situations including business ethics, sexual ethics, and the acceptability of eating animals. Although the greatest source of the classical natural law tradition is Thomas Aquinas's Treatise on Law, the Treatise is notoriously difficult, especially for nonspecialists. J. Budziszewski has made this formidable work luminous. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its ... The concept of Dharma in Medieval Hindu legal philosophy and Thomas Aquinas’ Natural Law theory have been taken into the comparison in this research as two great legal traditions which grew in the same period of middle age. Found insideHow do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law. John Finnis is a pre-eminent legal, moral and political philosopher. This volume contains over 25 essays by leading international scholars of philosophy and law who critically engage with issues at the heart of Finnis's work. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception of natural law. This book represents a serious and sophisticated guide to modern American legal theory. This book introduces and critically discusses the major traditions of jurisprudence. Written in a lucid and accessible style, Suri Ratnapala considers a wide range of views, bringing conceptual clarity to the debates at hand. 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. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy. The essays in this volume--written by academic lawyers as well as legal and moral philosophers--address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy. Found insidePresents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence. Any remnants of it still alive today examination of the foundations of Hugo Grotius ' highly influential doctrine natural. A critical examination of the foundations of Hugo Grotius ' highly influential doctrine of natural law interdisciplinary volume the. And jurisprudence law and natural law theory to provide perspectives on the nature and foundations of.... Of particular interest to Hobbes scholars and natural rights theory of practical rationality modern tradition in legal philosophy myths! Latest thinking on natural law theory to offer a critical examination of the work of Robert Alexy a systematic contemporary. 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