[PDF] Natural Law In Jurisprudence And Politics eBook

Author : Mark C. Murphy
Publisher : Cambridge University Press
Page : 205 pages
File Size : 13,91 MB
Release : 2006-03-13
Category : Philosophy
ISBN : 1107320925

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Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. 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 binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.

Author : Associate Professor of Philosophy Mark C Murphy
Publisher :
Page : 206 pages
File Size : 10,75 MB
Release : 2014-05-14
Category : LAW
ISBN : 9780511161605

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This 2006 book argues that the central thesis of natural law jurisprudence sets the agenda for political philosophy.

Author : Mark C. Murphy
Publisher : Cambridge University Press
Page : 306 pages
File Size : 30,50 MB
Release : 2001-06-11
Category : Law
ISBN : 9780521802291

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A defense of a contemporary natural law theory of practical rationality.

Author : Tom Angier
Publisher : Cambridge University Press
Page : 359 pages
File Size : 25,63 MB
Release : 2019-11-07
Category : Philosophy
ISBN : 1108422632

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How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.

Author : Robin West
Publisher : Cambridge University Press
Page : 221 pages
File Size : 39,90 MB
Release : 2011-08-22
Category : Political Science
ISBN : 1139504126

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Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.

Author : Jonathan Crowe
Publisher : Cambridge University Press
Page : 275 pages
File Size : 20,44 MB
Release : 2019-04-25
Category : History
ISBN : 1108498302

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Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.

Author : Tom Angier
Publisher : Cambridge University Press
Page : 118 pages
File Size : 16,43 MB
Release : 2021-09-16
Category : Philosophy
ISBN : 1108586392

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In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.

Author : Jacqueline A. Laing
Publisher : John Wiley & Sons
Page : 468 pages
File Size : 44,2 MB
Release : 2013-09-23
Category : Law
ISBN : 1444333216

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The Natural Law Reader features a selection of readings in metaphysics, jurisprudence, politics, and ethics that are all related to the classical Natural Law tradition in the modern world. Features a concise presentation of the natural law position that offers the reader a focal point for discussion of ancient and contemporary ideas in the natural law tradition Draws upon the metaphysical and ethical categories put forth and developed by Aristotle and Aquinas Points to the historical significance and contemporary relevance of the Natural Law tradition Reflects on a revival of interest in the tradition of virtue ethics and human rights

Author : Kody W. Cooper
Publisher : University of Notre Dame Pess
Page : 413 pages
File Size : 24,80 MB
Release : 2018-03-30
Category : Philosophy
ISBN : 0268103046

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Has Hobbesian moral and political theory been fundamentally misinterpreted by most of his readers? Since the criticism of John Bramhall, Hobbes has generally been regarded as advancing a moral and political theory that is antithetical to classical natural law theory. Kody W. Cooper challenges this traditional interpretation of Hobbes in Thomas Hobbes and the Natural Law. Hobbes affirms two essential theses of classical natural law theory: the capacity of practical reason to grasp intelligible goods or reasons for action and the legally binding character of the practical requirements essential to the pursuit of human flourishing. Hobbes’s novel contribution lies principally in his formulation of a thin theory of the good. This book seeks to prove that Hobbes has more in common with the Aristotelian-Thomistic tradition of natural law philosophy than has been recognized. According to Cooper, Hobbes affirms a realistic philosophy as well as biblical revelation as the ground of his philosophical-theological anthropology and his moral and civil science. In addition, Cooper contends that Hobbes's thought, although transformative in important ways, also has important structural continuities with the Aristotelian-Thomistic tradition of practical reason, theology, social ontology, and law. What emerges from this study is a nuanced assessment of Hobbes’s place in the natural law tradition as a formulator of natural law liberalism. This book will appeal to political theorists and philosophers and be of particular interest to Hobbes scholars and natural law theorists.

Author : Michael Stolleis
Publisher : Routledge
Page : 457 pages
File Size : 45,11 MB
Release : 2016-04-22
Category : History
ISBN : 1317089766

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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.