A Study in Legal and Social History and Philosophy

Author: Heinrich Albert Rommen

Publisher: N.A

ISBN: 9780865971615

Category: Law

Page: 278

View: 2166

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.
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An Introduction to Legal Philosophy

Author: Alexander Passerin d'Entreves

Publisher: Routledge

ISBN: 1351503499

Category: Law

Page: 232

View: 8803

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
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Human Suffering, Natural Law and International Politics

Author: Dr Amanda Russell Beattie

Publisher: Ashgate Publishing, Ltd.

ISBN: 140949957X

Category: Political Science

Page: 214

View: 9589

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.
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Author: Peter Pavel Remec

Publisher: Springer Science & Business Media

ISBN: 9401510156

Category: Law

Page: 260

View: 7699

According to democratic theory the state is for man not man for the state. This theory has been implemented by bills of rights in many national constitutions giving the individual a legal opportunity to redress abuses by his state. In Federal Consti tutions, however, difficulties have been faced when central au thority seeks to enforce the standards of the constitution against the legislation and customs of the constituent states. The latter habitually resist, proclaiming the virtues of horne rule and local self-govemment, also supported by democratic theory. Thus the opposition of man versus the state develops into a double op position of man versus the state and the state versus the super state. To what extent should the super-state take the part of man demanding respect for human rights, or of the state demand ing self-govemment, when the two conflict? The failure to solve this problem precipitated the American Civil War and continues to agitate American politics. Should the human right of equal educational opportunities prevail over the "State's Right" of autonomy in the organization of its schools? The same problem appears in more virulent form in the efforts of the United Nations to "promote respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion" without "intervening in matters which are essentially within the domestic jurisdiction of any state.
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Recovering the Church's Moral Vision

Author: J. Daryl Charles

Publisher: InterVarsity Press

ISBN: 9780830826919

Category: Religion

Page: 277

View: 7892

J. Daryl Charles urges the evangelical church to better equip (in character and moral vision) its pastors, leaders and members to constructively and effectively engage the ethical debates of the twenty-first century.
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Political Language During Independence

Author: Jose Carlos Chiaramonte

Publisher: Routledge

ISBN: 1351503804

Category: Political Science

Page: 263

View: 2603

No one in Latin American historiography has paid more attention to questions related to the emergence of nations than Jose Carlos Chiaramonte. Reflecting on eighteenth- and nineteenth-century uses of the concept of nation in Europe and the Americas, Chiaramonte argues that historical questions related to the term "nation" derive from its changing meaning in different contexts. The historian would be better advised to focus on the development of forms of state organization, and the emergence of national states, rather than the "nation" as a cultural community prior to independence.Nation and State in Latin America begins by examining the effects on historians of the ideological and methodological prejudice spread by contemporary nationalism on the historical studies of Latin America. Chiaramonte analyzes uses of concepts such as "nation" and "state" in both Europe and the Americas. Chiaramonte considers the prominence of sovereign "pueblos" (cities and townships) and their role during independence. He argues the non-existence of nationalities in the period and proves that feelings of collective identity at that time amounted mainly to local affections.He concludes with an analysis of major trends in federalism and the law of nature and nations, crucial to understanding the political concepts of the age of birth of modern Latin American nations. This book covers the whole of Latin America, making use of comparative viewpoints. The different national intonations of the concept of sovereignty and the nuances of the federal and confederate forms of the state are examined in detail.
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Author: Peter James Stanlis

Publisher: Transaction Publishers

ISBN: 9781412822213

Category:

Page: 311

View: 9324

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.
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Author: Khaled Abou El Fadl

Publisher: Cambridge University Press

ISBN: 1107320143

Category: Law

Page: N.A

View: 2815

Khaled Abou El Fadl's book represents the first systematic examination of the idea and treatment of political resistance and rebellion in Islamic law. Pre-modern jurists produced an extensive and sophisticated discourse on the legality of rebellion and the treatment due to rebels under Islamic law. The book examines the emergence and development of these discourses from the eighth to the fifteenth centuries and considers juristic responses to the various terror-inducing strategies employed by rebels including assassination, stealth attacks and rape. The study demonstrates how Muslim jurists went about restructuring several competing doctrinal sources in order to construct a highly technical discourse on rebellion. Indeed many of these rulings may have a profound influence on contemporary practices. This is an important and challenging book which sheds light on the complexities of Islamic law and pre-modern attitudes to dissidence and rebellion.
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The Bill of Rights in Philosophy, Politics and Law 1791 and 1991

Author: Michael James Lacey,Knud Haakonssen

Publisher: Cambridge University Press

ISBN: 9780521446532

Category: History

Page: 474

View: 7871

New insights into the rights thinking and consciousness at the core of American political culture.
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Essays in the Manifestation of Historical and Moral Consciousness

Author: John T. Marcus

Publisher: Fairleigh Dickinson Univ Press

ISBN: 9780838620571

Category: Ethics

Page: 325

View: 5187

Consists of a series of related essays that deal with a new approach to historical-mindedness and a new way of understanding the distinguishing characteristics of Western civilization.
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Essays in Legal and Social Philosophy

Author: Jude P. Dougherty

Publisher: CUA Press

ISBN: 9780813209753

Category: Philosophy

Page: 256

View: 7597

In Western Creed, Western Identity, Jude P. Dougherty investigates the classical roots of Western culture and its religious sources in an effort to define its underlying intellectual and spiritual commitments.
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A Very Short Introduction

Author: Raymond Wacks

Publisher: Oxford University Press

ISBN: 0199687005

Category: Law

Page: 150

View: 6141

The concept of law lies at the heart of our social and political life, shaping the character of our community and underlying issues from racism and abortion to human rights and international war. The revised edition of this Very Short Introduction examines the central questions about law's relation to justice, morality, and democracy.
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Beyond Rationalism in International Relations

Author: A. Beattie,K. Schick

Publisher: Springer

ISBN: 1137292148

Category: Social Science

Page: 212

View: 8969

This book develops a concept of vulnerability in International Relations that allows for a profound rethinking of a core concept of international politics: means-ends rationality. It explores traditions that proffer a more complex and relational account of vulnerability.
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A Study of the Ideas of Law and Justice in the Writings of Lon L. Fuller, Michael Oakeshot, F. A. Hayek, Ronald Dworkin and John Finnis

Author: Charles Covell

Publisher: Springer

ISBN: 134922359X

Category: Philosophy

Page: 279

View: 4027

The Defence of Natural Law comprises a study of the philosophies of law expounded by Lon L. Fuller, Michael Oakeshott, F.A. Hayek, Ronald Dworkin and John Finnis. The work of these theorists is situated in relation to the modern tradition in legal philosophy. In this way, it is demonstrated that the theorists adhered closely to the natural law standpoint in legal philosophy, while also defending the particular view of the proper functions of law and the state that distinguished the tradition of modern liberalism.
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Author: John Finnis

Publisher: Oxford University Press

ISBN: 0199599130

Category: Law

Page: 494

View: 666

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.
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A Rereading of Thomas Aquinas

Author: Fulvio Di Blasi

Publisher: St Augustine PressInc

ISBN: 9781587313516

Category: Law

Page: 264

View: 8036

Translation of: Dio e la legge naturale: una rilettura di Tommaso d'Aquino.
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An Introduction

Author: Norman Doe

Publisher: Cambridge University Press

ISBN: 1107186447

Category: Law

Page: 350

View: 5761

Historically, natural law has played a pivotal role in Christian approaches to the law, and a contested role in legal philosophy generally. However, comparative study of natural law across global Christian traditions is largely neglected. This book provides not only the history of natural law ideas across mainstream Christian traditions worldwide, but also an ecumenical comparison of the contemporary natural law positions of different traditions. Its focus is not solely theoretical: it tests the practical utility of natural law by exploring its use in the legal systems of the churches studied. Alongside analysis of the assumptions underlying the concept, it also proposes a jurisprudence of Christian law itself. With chapters written by distinguished lawyers and theologians across the world, this book is designed for those studying and teaching law or theology, those who practice and study ecumenism, and those involved in the practice of church law.
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Comparative Studies in Religion

Author: Joseph P. Schultz

Publisher: Fairleigh Dickinson Univ Press

ISBN: 9780838617076

Category: Religion

Page: 411

View: 762

Examines the historic development of Jewish religions thought in the cross-cultural context of the world's major faiths. The law, ethics, and mysticism of Judaism are compared with their counterparts in Confucianism, Hinduism, Buddhism, Islam, Christianity, and the secular formulations of religion in modern times.
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A Quest for Universalism

Author: Daniel Chernilo

Publisher: Cambridge University Press

ISBN: 1107009804

Category: History

Page: 248

View: 5844

Daniel Chernilo offers an original reconstruction of the history of universalism in modern social thought from Hobbes to Habermas.
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