David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
American Catholic Philosophical Quarterly 81 (2):307-321 (2007)
In the Ethics, Abelard discusses the example of a judge who knowingly convicts an innocent defendant. He claims that this judge does rightly whenhe punishes the innocent man to the full extent of the law. Yet this claim seems counterintuitive, and, at first glance, contrary to Abelard’s own ethical system. Nevertheless, I argue that Abelard’s ethical system cannot be viewed as completely subjective, since the rightness of an individual act of consent is grounded in objective standards established by God. Likewise, any particular civil government must derive its authority objectively from the natural and/or Christian laws, which ground its possibility and function. In this paper, I examine Abelard’s explication of the natural law, discoverable through reason, and the divine laws, knowable only through revelation, in order to explore what form an adequate civil law would have to take under which the judge could be said to have acted rightly.
|Keywords||natural law Abelard ethics Christian Law|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Sophie Turenne (2004). Judicial Responses to Civil Disobedience: A Comparative Approach. Res Publica 10 (4):379-399.
Martin Lenz (2007). Are Thoughts and Sentences Compositional? A Controversy Between Abelard and a Pupil of Alberic on the Reconciliation of Ancient Theses on Mind and Language. Vivarium 45 (s 2-3):169-188.
Garrett Barden (2010). Law and Justice in Community. Oxford University Press.
Peter Abelard (2001). Collationes. Oxford University Press.
Fred R. Berger (1970). 'Law and Order' and Civil Disobedience. Inquiry 13 (1-4):254 – 273.
Mark J. Lutz (2012). Divine Law and Political Philosophy in Plato's Laws. Northern Illinois University Press.
Sean Eisen Murphy (2007). “The Law Was Given for the Sake of Life”: Peter Abelard on the Law of Moses. American Catholic Philosophical Quarterly 81 (2):271-306.
Added to index2009-01-28
Total downloads13 ( #179,414 of 1,700,337 )
Recent downloads (6 months)1 ( #362,609 of 1,700,337 )
How can I increase my downloads?