A Study in Legal and Social History and Philosophy
Author: Heinrich Albert Rommen
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.
Author: John Finnis
Publisher: Oxford University Press
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.
An Introduction and Re-examination
Author: Howard P. Kainz
Publisher: Open Court Publishing
According to natural law theory, there exists an objective law of morality based in the nature of human society or human nature. Thus, natural law is inherently true, not a product of a mutable or subjective viewpoint. This fascinating and topical book probes the history and implications of natural law and surveys the ideas of thinkers such as Aristotle, Thomas Aquinas, and Immanuel Kant. The author analyzes the development of natural law from ancient times to the present. In addition, he discusses pressing moral issues (abortion, homosexuality, assisted suicide, and more) in light of natural law theory.
Author: John Goyette,Mark S. Latkovic,Richard S. Myers
Publisher: CUA Press
To explore and evaluate the current revival, this volume brings together many of the foremost scholars on natural law. They examine the relation between Thomistic natural law and the larger philosophical and theological tradition. Furthermore, they assess the contemporary relevance of St. Thomas's natural law doctrine to current legal and political philosophy.
Author: R. H. Helmholz
Publisher: Harvard University Press
Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. 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.
From Grotius to the Scottish Enlightenment
Author: Knud Haakonssen
Publisher: Cambridge University Press
Providing the most comprehensive guide to modern natural law theory available, this major contribution to the history of philosophy sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment.
Jurisprudence, Theology, Moral and Natural Philosophy
Author: Michael Stolleis
This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.
An Introduction to Legal Philosophy
Author: Alexander Passerin d'Entreves
This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules.In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians.Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study.—Mitchell Muncy, The University Bookman
A Treatise on Political Philosophy
Author: Heinrich A Rommen
Publisher: Cluny Media
Poverty. The environment. The family. Education. Freedom of religion. What is the role of the State in promoting human flourishing in light of unprecedented challenges to the very fabric of society?The State in Catholic Thought(recommended by Fr. James V. Schall, S.J., in Another Sort of Learning) is a masterful survey of the development of the Church's teaching on the relationships between the nation-state and individuals, families, and local and international communities. Rommen examines the state as a "moral organism" and its purpose in light of the natural law. In thistour de forceof the contributions of Augustine, Aquinas, Suarez, Bellarmine, and Popes throughout the ages, Rommen foreshadows the encyclicals of St. John Paul II and Benedict XVI and brings the light of Catholic thought to bear on today's most pressing issues. Professor Bruce Frohnen's Introduction sets Rommen and his work in political and intellectual context, brilliantly encapsulating Rommen's analysis and the importance of hismagnum opusin assisting readers to find the means of renewing a more just political and social order."
Author: Thomas Hobbes
Publisher: First Avenue Editions
During the upheaval of the English Civil War in the seventeenth century, political philosopher Thomas Hobbes composed his masterwork, Leviathan. It was first published in 1651, between the trial and execution of King Charles I and the creation of the Commonwealth of England under Oliver Cromwell. In his book, Hobbes argued that a strong and undivided central government was necessary to maintain societal order. By accepting the rule of a sovereign authority figure—which Hobbes called the "Leviathan" after the biblical sea monster—humans could avoid being ruled instead by self-interest and fear, and so escape humankind's natural state of war and violence. This is an unabridged version of Hobbes's most famous philosophical text, which established social contract theory and remained influential in political philosophy for centuries.
Author: Peter James Stanlis
Publisher: Transaction Publishers
Today the idea of natural law as the basic ingredient in moral, legal, and political thought presents a challenge not faced for almost two hundred years. On the surface, there would appear to be little room in the contemporary world for a widespread belief in natural law. The basic philosophies of the opposition--the rationalism of the philosophes, the utilitarianism of Bentham, the materialism of Marx--appear to have made prior philosophies irrelevant. Yet these newer philosophies themselves have been overtaken by disillusionment born of conflicts between "might" and "right." Many thoughtful people who were loyal to secular belief have become dissatisfied with the lack of normative principles and have turned once more to natural law. This first book-length study of Edmund Burke and his philosophy, originally published in 1958, explores this intellectual giant's relationship to, and belief in, the natural law. It has long been thought that Edmund Burke was an enemy of the natural law, and was a proponent of conservative utilitarianism. Peter J. Stanlis shows that, on the contrary, Burke was one of the most eloquent and profound defenders of natural law morality and politics in Western civilization. A philosopher in the classical tradition of Aristotle and Cicero, and in the Scholastic tradition of Aquinas, Burke appealed to natural law in the political problems he encountered in American, Irish, Indian, and British affairs, and in reaction to the French Revolution. This book is as relevant today as it was when it was first published, and will be mandatory reading for students of philosophy, political science, law, and history.
Author: John Witte, Jr.,Frank S. Alexander
Publisher: Cambridge University Press
An authoritative introduction to some of the main legal teachings of the Western Christian tradition.
Natural Law as Fact, Theory, and Sign of Contradiction
Author: J. Budziszewski
Publisher: Open Road Media
The suicidal proclivity of our time, writes the acclaimed philosopher J. Budziszewski, is to deny the obvious. Our hearts are riddled with desires that oppose their deepest longings, because we demand to have happiness on terms that make happiness impossible. Why? And what can we do about it? Budziszewski addresses these vital questions in his brilliantly persuasive new book, The Line Through the Heart. The answers can be discovered in an exploration of natural law—a venture that, with Budziszewski as our expert guide, takes us through politics, religion, ethics, law, philosophy, and more. Natural law, the author states plainly but provocatively, is a fact about human beings; as surely as we have hands and feet, we have the foundational principles of good and evil woven into the fabric of our minds. From this elemental fact emerges a natural law theory that unfolds as part of a careful study of the human person. Thus, Budziszewski shows, natural law forms a common ground for humanity. But this common ground is slippery. While natural law is truly an observable part of human nature, human beings are hell-bent—quite literally—on ignoring it. The mere mention of the obligations imposed on man by his nature will send him into a rage. In this sense, The Line Through the Heart explores natural law as not simply a fact and a theory but also a sign of contradiction. While investigating the natural law and its implications, Budziszewski boldly confronts—and offers a newly integrated view of—a wide range of contemporary issues, including abortion, evolution, euthanasia, capital punishment, the courts, and the ersatz state religion being built in the name of religious toleration. Written in Budziszewski’s usual crystalline style, The Line Through the Heart makes clear that natural law is a matter of concern not merely to scholars; it touches how each of us lives, and how all of us live together. His profoundly important examination of this subject helps us make sense of why habits that run against our nature have become second nature, and why our world seems to be going mad.
Author: Scott J. Shapiro
Publisher: Harvard University Press
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.
The Bill of Rights in Philosophy, Politics and Law 1791 and 1991
Author: Michael James Lacey,Knud Haakonssen
Publisher: Cambridge University Press
New insights into the rights thinking and consciousness at the core of American political culture.
Essays on Legal Positivism
Author: Robert P. George
Publisher: Oxford University Press
This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an approach to legal theory that continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should legal theorists maintain a conceptual separation of law and morality? These and other questions are addressed by the authors of this carefully edited collection, which will beof interest to all lawyers and scholars interested in legal philosophy.
Human Suffering, Natural Law and International Politics
Author: Dr Amanda Russell Beattie
Publisher: Ashgate Publishing, Ltd.
Category: Political Science
Bridging the contending theories of natural law and international relations, this book proposes a 'relational ontology' as the basis for rethinking our approach to international politics. Amanda Beattie challenges both the conventional interpretation of natural law as necessarily and intractably theological, and the dominant conception of international relations as structurally distinct from the ends of human good, in order to recover the centrality of other-directed agency to the promotion of human development. Offering an important contribution to the study of international political thought, the book contains a number of challenging and controversial ideas which should provoke constructive debate within international relations theory, political theory, and philosophical ethics.