Search results for 'Epistemology, Natural Law, Possibility' (try it on Scholar)

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  1.  23
    Mark J. Cherry (ed.) (2004). Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers.
    Accounts of natural law moral philosophy and theology sought principles and precepts for morality, law, and other forms of social authority, whose prescriptive force was not dependent for validity on human decision, social influence, past tradition, or cultural convention, but through natural reason itself. This volume critically explores and assesses our contemporary culture wars in terms of: the possibility of natural law moral philosophy and theology to provide a unique, content-full, canonical morality; the character and nature (...)
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  2. Samuel Zinaich (2006). John Locke's Moral Revolution: From Natural Law to Moral Relativism. University Press of America.
    I am writing on moral knowledge in Locke's Essay Concerning Human Understanding. There are two basic parts. In the first part, I articulate and attack a predominant interpretation of the Essay . This interpretation attributes to Locke the view that he did not write in the Essay anything that would be inconsistent with his early views in the Questions Concerning the Laws of Nature that there exists a single, ultimate, moral standard, i.e., the Law of Nature. For example, John Colman, (...)
     
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  3. Roger S. Woolhouse (1972). From Conceivability to Possibility. Ratio 14 (2):144--154.
    It is often supposed that in order to refute the view that laws of nature are necessary truths it is sufficient to appeal to Hume's argument from the conceivability of to the possibility of their being false. But while Hume's argument does present the necessitarian with insuperable difficulties it needs to be made clear just what these are. The mere appeal to Hume is quite insufficient for what he says can be interpreted in more than one way. And if (...)
     
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  4.  12
    Norbert Herold (1982). Natural Law and Tolerance. An Investigation Into John Locke's Epistemology and Political Philosophy. Philosophy and History 15 (1):3-4.
  5.  3
    T. R. Machan (1986). Metaphysics, Epistemology, and Natural Law Theory. American Journal of Jurisprudence 31 (1):65-77.
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  6.  2
    B. Goss & R. Vitz (2014). Natural Law Among Moral Strangers. Christian Bioethics 20 (2):283-300.
    Our goal in this paper is two-fold. First, we aim to clarify two ways in which contemporary Christian bioethicists have erred, on Engelhardt’s account, in their attempts to do bioethics within a distinctively non-Christian idiom, namely, either (1) by rejecting a principal metaethical thesis or (2) by misrepresenting a principal moral-epistemological thesis of natural-law ethics, properly construed. Second, we intend to show not only that Engelhardt can and should endorse the Christian bioethicists’ use of non-Christian moral idioms in the (...)
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  7.  27
    Cal Ledsham (2010). Love, Power and Consistency: Scotus' Doctrines of God's Power, Contingent Creation, Induction and Natural Law. Sophia 49 (4):557-575.
    I first examine John Duns Scotus’ view of contingency, pure possibility, and created possibilities, and his version of the celebrated distinction between ordained and absolute power. Scotus’ views on ethical natural law and his account of induction are characterised, and their dependence on the preceding doctrines detailed. I argue that there is an inconsistency in his treatments of the problem of induction and ethical natural law. Both proceed with God’s contingently willed creation of a given order of (...)
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  8.  8
    B. H. Woo (2012). Pannenberg's Understanding of the Natural Law. Studies in Christian Ethics 25 (3):346-366.
    The ethics of Wolfhart Pannenberg has a nomological dimension at its center. Based on the history of the natural law tradition, Pannenberg maintains the possibility of the natural law theory on the following five grounds. -/- The theological ground is his understanding of the Decalogue, the Sermon on the Mount, and the Pauline interpretation of the law. For its historical ground, Pannenberg articulates the natural law theories of Patristic theology and the theologies of Troeltsch and Brunner. (...)
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  9. T. Patrick Hill (2002). Reproductive Technologies Confront Traditional Ethics: The Capacity of Richard A. Mccormick's Reformulated Natural Law Ethic to Meet the Challenge. Dissertation, The University of Chicago
    Given modern technology's penetration of human behavior, it is reasonable to consider what this might mean ethically in the case of emerging technologies being used in association with human reproduction. The nature and reach of these technologies are unprecedented and can legitimately be said to pose serious challenges to traditional ethical assessments of the human good. ;In addressing these challenges, Richard A. McCormick, a moral theologian and bio-ethicist, has deployed a reformulated natural law ethic that derives from formal (...)
     
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  10. Douglas Kries (2007). The Problem of Natural Law. Lexington Books.
    Conscience in Thomas's understanding of natural law -- The objections of the ancient philosophers -- The objections of the Calvinist christians -- On the possibility of revising Thomas's teaching on conscience -- Those who deny the existence of human nature -- Those who deny the moral relevancy of human nature -- Those who deny the ancient understanding of human nature.
     
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  11.  3
    Kenneth Einar Himma (2014). The Logic of Showing Possibility Claims. A Positive Argument for Inclusive Legal Positivism and Moral Grounds of Law. Revus 23.
    In this essay, I argue for a view that inclusive positivists share with Ronald Dworkin. According to the Moral Incorporation Thesis (MIT), it is logically possible for a legal system to incorporate moral criteria of legality (or “grounds of law,” as Dworkin puts it). Up to this point, the debate has taken the shape of attacks on the coherence of MIT with the defender of MIT merely attempting to refute the attacking argument. I give a positive argument for MIT. I (...)
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  12.  4
    George Duke (2015). The Planning Theory and Natural Law. Law and Philosophy 34 (2):173-200.
    The practical, normative dimension of planning is a plausible source of the ‘family resemblances’ noted by a number of legal theorists between Scott Shapiro’s Planning Theory and natural law jurisprudence. Foremost among these resemblances is Shapiro’s contention that the law, necessarily, has a moral aim. The moral aim thesis is at first glance surprising given Shapiro’s intention to defend exclusive legal positivism and unequivocal rejection of what he takes to be the core commitments of natural law theory. Shapiro’s (...)
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  13.  4
    Ana Iltis (2004). An Assessment of the Requirements of the Study of Natural Law. In Mark J. Cherry (ed.), Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers 115--122.
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  14.  6
    Mark Cherry (2004). Natural Law and Moral Pluralism. In Mark J. Cherry (ed.), Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers 17--38.
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  15.  4
    Joseph Boyle (2004). Natural Law and Global Ethics. In Mark J. Cherry (ed.), Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers
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  16.  4
    Fabrice Jotterand (2004). Moral Identity and the Natural Law Theory. In Mark J. Cherry (ed.), Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers 11--57.
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  17.  7
    B. Andrew Lustig (2004). Natural Law and Global Ethics. In Mark J. Cherry (ed.), Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers
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  18.  3
    Daniel McInerny (2004). Natural Law and Conflict. In Mark J. Cherry (ed.), Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers 89--100.
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  19.  7
    Robert B. Kruschwitz (2004). Natural Law and the Free Church Tradition. In Mark J. Cherry (ed.), Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers 149--162.
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  20.  5
    Christopher Tollefsen (2004). Natural Law and Modern Meta-Ethics. In Mark J. Cherry (ed.), Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers 39--56.
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  21.  13
    Paul J. Weithman (1993). Natural Law, Property, and Redistribution. Journal of Religious Ethics 21 (1):165 - 180.
    In his essay "Natural Law, Property, and Justice," B. Andrew Lustig argues for what he calls "significant correspondences" between John Locke's theory of property and scholastic theories of property on the one hand, and between Locke's theory and contemporary Catholic social teaching on the other. These correspondences, Lustig claims, establish an intellectual "tradition of property in common." I argue that linking Aquinas--even via Locke--to the redistributivism of contemporary Catholic social teaching requires distorting his political theory. This distortion, I argue, (...)
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  22.  4
    Nicholas Capaldi (2004). Global Ethics and Natural Law. In Mark J. Cherry (ed.), Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers
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  23.  4
    William Zanardi (2004). Natural Law and Historical Mindedness. In Mark J. Cherry (ed.), Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers 101--113.
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  24. D. S. Steingard (2004). Exploring the Frontiers of Environmental Management: A Natural Law-Based Perspective. Journal of Human Values 10 (2):79-97.
    Environmental management is at a turning point in its evolution as a discipline. Daunting social, ecological and spiritual problems of global magnitude implore EM to be inspiring and efficacious in theory and practice. Ironically, the present EM movement, in its ontologically dualistic configuration—measuring and manipulating the environment as an abstract, objectified economic resource for human gain—is unknowingly contributing to the very ecological degradation it wishes to ameliorate. In order for EM to become a truly ‘transformative epistemology’,1 its praxis must ontologically (...)
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  25. William Sweet (2006). Maritain's Metaphysics and Natural Law Theory of Knowledge Base. Philosophy and Culture 33 (9):15-33.
    Today's ethical theory , both utilitarian and non-ontological theories dominated. However, we found that many of its subsequent development in the evolution of those who encourage virtue ethics, feminist care theory, social contract theory and the theory of rights-based build. But usually lacking in this discussion - the teaching of ethics by the majority of it seems - is the natural law theory. Natural law theory has its very long history, starting from the Stoic school, it had occupied (...)
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  26. Craig Paterson (2010). Review of Assisted Suicide and Euthanasia: A Natural Law Ethics Approach. [REVIEW] Ethics and Medicine 26 (1):23-4.
    As medical technology advances and severely injured or ill people can be kept alive and functioning long beyond what was previously medically possible, the debate surrounding the ethics of end-of-life care and quality-of-life issues has grown more urgent. In this lucid and vigorous book, Craig Paterson discusses assisted suicide and euthanasia from a fully fledged but non-dogmatic secular natural law perspective. He rehabilitates and revitalises the natural law approach to moral reasoning by developing a pluralistic account of just (...)
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  27.  16
    Michaela Rehm (2012). Obligation in Rousseau: Making Natural Law History? Jahrbuch für Recht Und Ethik/Annual Review of Law and Ethics 20:139-154.
    Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for a (...)
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  28. Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.
    In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and Dworkin as proponents of a (...)
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  29.  6
    Thomas Giddens (2015). Natural Law and Vengeance: Jurisprudence on the Streets of Gotham. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (4):765-785.
    Batman is allied with modern natural law in the way he relies upon reason to bring about his vision of ‘true justice’, operating as a force external to law. This vision of justice is a protective one, with Batman existing as a guardian—a force for resistance against the corruption of the state and the failures of the legal system. But alongside his rational means, Batman also employs violence as he moves beyond the boundaries of the civilised state into the (...)
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  30. Anthony J. Lisska (1996). Aquinas's Theory of Natural Law: An Analytic Reconstrution. Oxford University Press.
    Aquinas needs no introduction as one of the greatest minds of the middle ages. Highly influential on the development of Christian doctrine, his ideas are still of fundamental philosophical importance. This new critique of his natural law theory discusses the theory's background in Aristotle and advances new interpretations of contemporary legal issues which hark back to Aquinas.
     
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  31. D. Knowles (2001). Natural Law and Practical Rationality. Monograph Collection (Matt - Pseudo).
    Natural law theory has been undergoing a revival, especially in political philosophy and jurisprudence. Yet, most fundamentally, natural law theory is not a political theory, but a moral theory, or more accurately a theory of practical rationality. According to the natural law account of practical rationality, the basic reasons for actions are basic goods that are grounded in the nature of human beings. Practical rationality aims to identify and characterize reasons for action and to explain how choice (...)
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  32.  35
    Knud Haakonssen (1996). Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment. Cambridge University Press.
    This major contribution to the history of philosophy provides the most comprehensive guide to modern natural law theory available, sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment. The time span covered is considerable: from the natural law theories of Grotius and Suarez in the early seventeenth century to the American Revolution and the beginnings of utilitarianism. After a detailed survey of modern natural law theory, (...)
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  33. Marek Piechowiak (2009). Elementy prawnonaturalne w stosowaniu Konstytucji RP [Natural-Law Elements in Application of the Constitution of the Republic of Poland]. Przegląd Sejmowy 17 (5 (94)):71-90.
    Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which (...)
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  34.  69
    Marek Piechowiak (2013). Tomasza z Akwinu koncepcja prawa naturalnego. Czy Akwinata jest myślicielem liberalnym? [Thomas Aquinas’s Conception of Natural Law: Is Aquinas a Liberal Thinker?]. Przegląd Tomistyczny 19:301-337.
    This article seeks to justify the claim that Thomas Aquinas proposed a concept of natural law which is immune to the argument against the recognition of an objective grounding of the good formulated by a well-known representative of the liberal tradition, Isaiah Berlin, in his famous essay “Two Concepts of Freedom.” I argue that Aquinas’s concept of freedom takes into account the very same values and goals that Berlin set out to defend when he composed his critique of (...) law. In particular, the article suggests that Aquinas recognizes freedom as a greater perfection of man than rationality, and that this freedom is realized, among other things, through the co-construction of the good that gives a goal and a shape to human action and to the whole of a person’s life. I argue that the co-construction of such a good involves the co-construction of natural law in the strict sense of the term. Indeed, the content of natural law can be understood as a set of goods which are goals that inform human action. From a human perspective, natural law is not a pre-existing recipe which has merely to be “read.” Defining the concrete content of natural law is an ongoing process. The process of defining natural law’s content takes humanly knowable, objective elements into account, and so draws on knowledge. Yet free choice also plays an important part in this process. When speaking of the process of defining the content of natural law, therefore, and in determining what here-and-now is to be done, it is reasonable to describe man as a creator of the natural law, or as a legislator, just as the members of a parliament are the creators of civil law — bearing in mind that only a just law is truly law and therefore the creation of both civil and natural law reaches only as far is the scope of just actions directed by these laws. From the perspective of human action, we may speak of each person’s free choice to establish a given good as the end of a specific act, and in so doing to declare that action proper under natural law in the strict sense of the term (which differs from the rules of natural law). An appreciation of what is particular and individual (particulare et individuum), and an appreciation of free choice that goes hand-in-hand with this, is deeply embedded in Thomas’s system of thought. Particularity and individuality has its basis in an especially excellent way of human existence. (shrink)
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  35.  31
    Francis Oakley (2005). Natural Law, Laws of Nature, Natural Rights: Continuity and Discontinuity in the History of Ideas. Continuum.
    Metaphysical schemata and intellectual traditions -- Laws of nature : the scientific concept -- Natural law : disputed moments of transition -- Natural rights : origins and grounding.
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  36.  65
    Alfonso Gómez-Lobo (2002). Morality and the Human Goods: An Introduction to Natural Law Ethics. Georgetown University Press.
    A concise and accessible introduction to natural law ethics, this book introduces readers to the mainstream tradition of Western moral philosophy.
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  37.  84
    John Finnis (1980/1979). Natural Law and Natural Rights. Oxford University Press.
    This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...
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  38. Laing (2012). The Connection Between Law and Justice in the Natural Law Tradition. In Nick Spencer (ed.), Religion and Law. London, Theos
    Law, we are told, is a system of rules, created by men to govern human behaviour. Students of law, introduced to legal systems, become familiar with varied sources of law – legislative, judicial and executive in character. There are undoubtedly prescriptive human rules that govern men set up by public authorities that are advertised as being for the common good. These appear as visible, socially constructed systems in different jurisdictions and even as international systems across jurisdictions. But is this all (...)
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  39.  2
    Michael S. Aßländer (2013). Honorableness or Beneficialness? Cicero on Natural Law, Virtues, Glory, and (Corporate) Reputation. Journal of Business Ethics 116 (4):751-767.
    During the last decade corporate reputation as one of the central efforts of corporate citizenship behavior has gained increasing attention in scholarly research, as has the way that reputation can serve as an instrument for business purposes. This poses the question of how such reputation will be achieved. To answer these questions this article examines Cicero’s considerations concerning the interrelation of honorableness and beneficialness made in his work ‘On Duties’. Based on Cicero’s understanding of universal natural law and his (...)
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  40. Stephen Buckle (1991). Natural Law and the Theory of Property: Grotius to Hume. Oxford University Press.
    In this book, Buckle provides a historical perspective on the political philosophies of Locke and Hume, arguing that there are continuities in the development of seventeenth and eighteenth-century political theory which have often gone unrecognized. He begins with a detailed exposition of Grotius's and Pufendorf's modern natural law theory, focussing on their accounts of the nature of natural law, human sociability, the development of forms of property, and the question of slavery. He then shows that Locke's political theory (...)
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  41. Mark C. Murphy (2006). Natural Law in Jurisprudence and Politics. Cambridge University Press.
    Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. 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, which demonstrates 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 (...)
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  42.  3
    Pierluigi Chiassoni (2014). Kelsen on Natural Law Theory. An Enduring Critical Affair. Revus 23.
    In a series of essays published from the late 1920s up to the mid-1960s, Hans Kelsen carried out a radical critique of natural law theory. The present paper purports to provide an analytical reconstruction and critical assessment of such a critique. It contains two parts. Part one surveys the fundamentals of Kelsen’s argumentative strategy against natural law and its theorists. Part two considers, in turn, two critical reactions to Kelsen’s criticisms: by Edgar Bodenheimer, on behalf of traditional (...) law theory; by Robert P. George, on behalf of “the new natural law theory”. As the analysis suggests, Kelsen’s critique stands up to the criticisms. (shrink)
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  43.  9
    Leigh C. Vicens (forthcoming). On the Natural Law Defense and the Disvalue of Ubiquitous Miracles. International Journal for Philosophy of Religion:1-10.
    In this paper I explore Peter van Inwagen’s conception of miracles and the implications of this conception for the viability of his version of the natural law defense. I argue that given his account of miraculous divine action and its parallel to free human action, it is implausible to think that God did not prevent natural evil in our world for the reasons van Inwagen proposes. I conclude by suggesting that on the grounds he provides for “epistemic (...)
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  44.  32
    Joshua D. Goldstein (2011). New Natural Law Theory and the Grounds of Marriage. Social Theory and Practice 37 (3):461-482.
    New natural lawyers--notably Grisez, Finnis, and George--have written much on civil marriage's moral boundaries and grounds, but with slight influence. The peripheral place of the new natural law theory (NNLT) results from the marital grounds they suggest and the exclusionary moral conclusions they draw from them. However, I argue a more authentic and attractive NNLT account of marriage is recoverable through overlooked resources within the theory itself: friendship and moral self-constitution. This reconstructed account allows us to identify the (...)
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  45. Samuel Pufendorf (1991). On the Duty of Man and Citizen According to Natural Law. Cambridge University Press.
    Samuel Pufendorf is one of the most important moral and political philosophers of the seventeenth century. His theory, which builds on Grotius and Hobbes, was immediately recognized as a classic and taken up by writers as diverse as Locke, Hume, Rousseau, and Smith. Over the past twenty years there has been a renaissance of Pufendorf scholarship. On the Duty of Man and Citizen is Pufendorf's own epitome of his monumental On the Law of Nature and of Nations, and it served (...)
     
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  46. Bairj Donabedian (2003). The Natural Realm of Social Law. Sociological Theory 21 (2):175-190.
    This paper proposes criteria for distinguishing those types of social forms that are susceptible to lawlike explanation from those that are susceptible to interpretive accounts. The main criterion concerns the rankability of choice alternatives. The choice process is modeled as having two subprocesses. The first subprocess is a rational one in which unacceptable decision alternatives are eliminated, reducing the universe of alternatives to the set of interchangeably acceptable options, termed the admissible set. In the second subprocess, an arbitrary choice is (...)
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  47.  27
    Matthew B. O'Brien & Robert C. Koons (2012). Objects of Intention: A Hylomorphic Critique of the New Natural Law Theory. American Catholic Philosophical Quarterly 86 (4):655-703.
    The “New Natural Law” Theory (NNL) of Germain Grisez, John Finnis, Joseph Boyle, and their collaborators offers a distinctive account of intentional action, which underlies a moral theory that aims to justify many aspects of traditional morality and Catholic doctrine. -/- In fact, we show that the NNL is committed to premises that entail the permissibility of many actions that are irreconcilable with traditional morality and Catholic doctrine, such as elective abortions. These consequences follow principally from two aspects of (...)
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  48. J. Budziszewski (2011). The Line Through the Heart: Natural Law as Fact, Theory, and Sign of Contradiction. Intercollegiate Studies Institute.
    Natural law as fact, theory, and sign of contradiction -- The second tablet project -- The mystery of what? -- The natural, the connatural, and the unnatural -- Accept no imitations: natural law vs. naturalism -- Thou shalt not kill . . . whom? the meaning of the person -- Capital punishment: the case for justice -- Constitution vs. constitutionalism -- Constitutional metaphysics -- The liberal, illiberal religion.
     
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  49.  28
    Daniel Mark Nelson (1992). The Priority of Prudence: Virtue and Natural Law in Thomas Aquinas and the Implications for Modern Ethics. Penn State University Press.
    In _The Priority of Prudence_, Daniel Mark Nelson proposes a reappropriation of a moral perspective that focuses on the cardinal virtues of courage, temperance, justice, and prudence. The study aims to recover and rehabilitate the virtue of prudence as a way of resuming a moral conversation that has been stalemated for too long. Nelson's main source for reviving the virtue of prudence is St. Thomas Aquinas's account of the cardinal virtues in the _Summa Theologica_. A primary problem with using Aquinas (...)
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  50.  15
    David Novak (1998). Natural Law in Judaism. Cambridge University Press.
    This book breaks new ground in the study of Judaism, in philosophy, and in comparative ethics. It demonstrates that the assumption that Judaism has no natural law theory to speak of, held by the vast majority of scholars, is simply wrong. The book shows how natural law theory, using a variety of different terms for itself throughout the ages, has been a constant element in Jewish thought. The book sorts out the varieties of Jewish natural law theory, (...)
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