Existentialism and natural law
Adelaide Law Review 26:55-72 (2005)
| Abstract | This paper explores methodological connections between the existentialist and natural law traditions, with particular emphasis on the writings of Jean-Paul Sartre and John Finnis. Existentialist approaches to phenomenology hold promise in illuminating the epistemological foundations of natural law accounts, especially those emphasising human self-fulfilment through practical choice. Some methodological challenges common to projects in the fields of existentialist ethics and natural law are discussed. It is suggested that an existentialist perspective holds potential in reinforcing contemporary natural law responses to the so-called 'fact-value distinction'. Such an approach affords a promising methodological structure for investigating the pre-moral foundations for social judgements of ethical significance, thereby providing qualified support for the type of natural law theory advocated by Finnis. | |||||||||
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J. Budziszewski (2011). The Line Through the Heart: Natural Law as Fact, Theory, and Sign of Contradiction. Intercollegiate Studies Institute.
Henrik Syse (2007). Natural Law, Religion, and Rights: An Exploration of the Relationship Between Natural Law and Natural Rights, with Special Emphasis on the Teachings of Thomas Hobbes and John Locke. St. Augustine's Press.
Ellen Frankel, Fred Dycus Miller & Jeffrey Paul (eds.) (2000). Natural Law and Modern Moral Philosophy. Cambridge University Press.
John Finnis (1980/1979). Natural Law and Natural Rights. Oxford University Press.
Edmund Wall (2010). Toward a Unified Foundation of Natural Law Ethics. American Catholic Philosophical Quarterly 84 (4):747-779.
C. Fred Alford (2010). Narrative, Nature, and the Natural Law: From Aquinas to International Human Rights. Palgrave Macmillan.
Owen J. Anderson (2012). The Natural Moral Law: The Good After Modernity. Cambridge University Press.
Jonathan Crowe (2012). Natural Law Beyond Finnis. Jurisprudence 2 (2):293-308.
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