Search results for 'Natural Law Theory' (try it on Scholar)

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  1. N. MacCormick & Natural Law (1992). Natural Law Theory: Contemporary Essays. In Robert P. George (ed.), Natural Law Theory: Contemporary Essays. Oxford University Press
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  2. Edmund Law & John Smith (1774). Considerations on the Theory of Religion in Three Parts: I. Want of Universality in Natural and Reveal'd Religion, No Just Objection Against Either. Ii. The Scheme of Divine Providence with Regard to the Time and Manner of the Several Dispensations of Reveal'd Religion, More Especially the Christian. Iii. The Progress of Natural Religion and Science, or the Continual Improvement of the World in General : To Which Are Added, Two Discourses, the Former, on the Life and Character of Christ, the Latter, on the Benefit Procured by His Death, in Regard to Our Mortality : With an Appendix, Concerning the Use of the Word Soul in Holy Scripture : And the State of the Dead There Described. --. [REVIEW] Printed by J. Archdeacon ...; for J. Robson ..., B. White ..., T. Cadell ..., London; and T. J. Merril.
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  3.  10
    Timothy Hsiao (2016). Consenting Adults, Sex, and Natural Law Theory. Philosophia 43:1-21.
    This paper argues for the superiority of natural law theory over consent -based approaches to sexual morality. I begin by criticizing the “consenting adults” sexual ethic that is dominant in contemporary Western culture. I then argue that natural law theory provides a better account of sexual morality. In particular, I will defend the “perverted faculty argument”, according to which it is immoral to use one’s bodily faculties contrary to their proper end.
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    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 (...)
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    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 (...)
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  6.  42
    David Copp (2009). Is Society-Centered Moral Theory a Contemporary Version of Natural Law Theory? Dialogue 48 (1):19-36.
    ABSTRACT: David Braybrooke argues that the core of the natural law theory of Thomas Aquinas survived in the work of Hobbes, Locke, Hume, and Rousseau. Much to my surprise, Braybrooke argues as well that David Copp’s society-centered moral theory is a secular version of this same natural law theory. Braybrooke makes a good case that there is an important idea about morality that is shared by the great philosophers in his group and that this idea (...)
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    Brandt Dainow (2013). What Can a Medieval Friar Teach Us About the Internet? Deriving Criteria of Justice for Cyberlaw From Thomist Natural Law Theory. Philosophy and Technology 26 (4):459-476.
    This paper applies a very traditional position within Natural Law Theory to Cyberspace. I shall first justify a Natural Law approach to Cyberspace by exploring the difficulties raised by the Internet to traditional principles of jurisprudence and the difficulties this presents for a Positive Law Theory account of legislation of Cyberspace. This will focus on issues relating to geography. I shall then explicate the paradigm of Natural Law accounts, the Treatise on Law, by Thomas Aquinas. (...)
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  8.  76
    Michael Cuffaro (2011). On Thomas Hobbes's Fallible Natural Law Theory. History of Philosophy Quarterly 28 (2):175-190.
    It is not clear, on the face of it, whether Thomas Hobbes's legal philosophy should be considered to be an early example of legal positivism or continuous with the natural-law tradition. On the one hand, Hobbes's command theory of law seems characteristically positivistic. On the other hand, his conception of the "law of nature," as binding on both sovereign and subject, seems to point more naturally toward a natural-law reading of his philosophy. Yet despite this seeming ambiguity, (...)
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  9.  47
    Francesco Fagiani (1983). Natural Law and History in Locke's Theory of Distributive Justice. Topoi 2 (2):163-185.
    According to the tradition of natural law justice is inherent to, and should always be observed in, all interpersonal relations: the science of natural law is nothing more or less than the expression of such principles of justice. The theoretical peculiarities that crop up regarding the lawfulness of appropriation are determined by the indirect interpersonal relations that take place within the process of appropriation: though appropriation is an action directed not towards another person or his property, but towards (...)
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  10.  3
    Laura Quintana (2011). The natural law in the Hobbesian contractual theory. [Spanish]. Eidos: Revista de Filosofía de la Universidad Del Norte 2:64-87.
    Normal 0 21 false false false ES X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabla normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} This essay deals with Hobbes notion of natural law in order to point out some tensions and difficulties brought by this notion into his political thought. The article shows that the Hobbes idea of justice cannot (...)
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    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 (...)
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  12. 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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  13.  86
    Robert P. George (ed.) (1992). Natural Law Theory: Contemporary Essays. Oxford University Press.
    Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and religious studies. This volume presents twelve original essays by leading natural law theorists and their critics. The contributors discuss natural law theories of morality, law and legal reasoning, politics, and the rule of law. Readers get a clear sense of the wide diversity of viewpoints represented among contemporary theorists, and an opportunity to evaluate (...)
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  14. 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 (...)
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  15. 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 (...)
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  16. 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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  17.  8
    Daniel Chernilo (2013). The Natural Law Foundations of Modern Social Theory: A Quest for Universalism. Cambridge University Press.
    Contemporary social theory and natural law : Jurgen Habermas -- A natural-law critique of modern social theory : Karl Lowith, Leo Strauss and Eric Voegelin -- Natural law and the question of universalism -- Modern natural law I : Hobbes and Rousseau on the state of nature and social life -- Modern natural law II : Kant and Hegel on proceduralism and ethical life -- Classical social theory I : Marx, Tonnies and (...)
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  18. Craig Paterson (2001). The Contribution of Natural Law Theory to Moral and Legal Debate Concerning Suicide, Assisted Suicide and Euthanasia. Universal Publishers.
    Chapter one argues for the important contribution that a natural law based framework can make towards an analysis and assessment of key controversies surrounding the practices of suicide, assisted suicide, and voluntary euthanasia. The second chapter considers a number of historical contributions to the debate. The third chapter takes up the modern context of ideas that have increasingly come to the fore in shaping the 'push' for reform. Particular areas focused upon include the value of human life, the value (...)
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  19.  6
    Santiago Legarre (forthcoming). HLA Hart and the Making of the New Natural Law Theory. Jurisprudence:1-17.
    This article considers HLA Hart's influence in the making of John Finnis's book Natural Law and Natural Rights. In the style of an intellectual biography it traces the history of the interaction between the two Oxford legal philosophers using their correspondence as a starting point. It also delves into Finnis's years in Africa—a period of his life both crucial for the writing of the book and utterly unknown. It argues that Hart's role was significant not only insofar as (...)
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  20. Edward Feser (2010). Classical Natural Law Theory, Property Rights, and Taxation. Social Philosophy and Policy 27 (1):21-52.
    Classical natural law theory derives moral conclusions from the essentialist and teleological understanding of nature enshrined in classical metaphysics. The paper argues that this understanding of nature is as defensible today as it was in the days of Plato, Aristotle, Augustine, and Aquinas. It then shows how a natural law theory of the grounds and content of our moral obligations follows from this understanding of nature, and how a doctrine of natural rights follows in turn (...)
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  21.  3
    George Duke (2013). The Aristotelian Spoudaios as Ethical Exemplar in Finnis's Natural Law Theory. American Journal of Jurisprudence 58 (2):183-204.
    One provocative but frequently overlooked feature of John Finnis’s natural law theory is its appeal to the normative role of the Aristotelian spoudaios (the mature person of practical reasonableness). Finnis’s account of the basic requirements of practical reasonableness and defense of the methodological device of “focal meaning” both have recourse to Aristotle’s claim that, in ethics and politics, things should be judged in terms of how they appear to the mature practically reasonable person. The current paper examines the (...)
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  22.  30
    Bebhinn Donnelly (2006). The Epistemic Connection Between Nature and Value in New and Traditional Natural Law Theory. Law and Philosophy 25 (1):1-29.
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    Don S. Browning (2011). A Natural Law Theory of Marriage. Zygon 46 (3):733-760.
    Abstract. For the past two decades, I have been developing an integrative Christian marriage theory, based in part on a grounding concept of natural law and an overarching theory of covenant. The natural law part of this theory starts with an account of the natural facts, conditions, interests, needs, and qualities of human life, interaction, and generation—what I call the “premoral” goods or realities of life. It then identifies the natural inclinations of humans (...)
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  24.  5
    Mehmet Ruhi Demiray (2015). Natural Law Theory, Legal Positivism, and the Normativity of Law. The European Legacy 20 (8):807-826.
    This essay examines two dominant traditions in legal philosophy, the natural law theory and legal positivism, in terms of how they account for the normativity of law. I argue that, although these two traditions generally take the question of the normativity of law seriously and try to account for it, they are not successful in doing so. This failure in the prevailing literature on the philosophy of law, I suggest, nevertheless has an implicit reconstructive impact: the insights into (...)
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    S. Adam Seagrave (2009). Cicero, Aquinas, and Contemporary Issues in Natural Law Theory. Review of Metaphysics 62 (3):491-523.
    This paper contends that the natural law theory of Saint Thomas Aquinas has been inappropriately removed from its foundation in the classical philosophical traditions of Cicero and Aristotle. Critics charge that because it refers to the eternal law, and hence divine revelation, St. Thomas’s natural law theory is not “natural.” The author in reply demonstrates the Ciceronian and Aristotelian—and therefore pagan, naturalist—roots of the Thomistic theory. St. Thomas’s discussion of natural law in the (...)
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  26.  5
    Cristóbal Orrego (2004). H.L.A. Hart's Understanding of Classical Natural Law Theory. Oxford Journal of Legal Studies 24 (2):287-302.
    The article examines H.L.A. Hart's most important texts on classical natural law theory in order to assess his understanding of that theory. The author considers first the way of presenting the two meanings of the theory of natural law (namely, moral objectivity and the union of law and morals). Afterwards, he analyzes Hart's thought on the first thesis, especially on the teleology of human nature; then on the second one, especially on the meaning of the (...)
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  27. 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 (...)
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  28. Matthew Noah Smith (2004). Property Rights, Social Norms and the Law: A Natural Law Theory of Property. Dissertation, The University of North Carolina at Chapel Hill
    The problem area of distributive justice includes at its core questions about what ought to be owned, how it can be owned and who ought to own it. A fundamental assumption behind recent attempts to address these questions is that the power to shape the property institutions of a society lies entirely in that society's laws. This view, I argue, is mistaken. In this dissertation I provide an account of how property institutions are related to other social practices in a (...)
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  29. Pauline C. Westerman (1998). The Disintegration of Natural Law Theory: Aquinas to Finnis. Brill.
  30.  5
    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 (...). Shapiro’s claim, however, is that although the law necessarily has a moral aim, this does not entail that it is successful in satisfying that aim. In order to assess this thesis, it is helpful to compare the Planning Theory with contemporary natural law approaches. Bringing Shapiro’s Planning Theory into dialogue with contemporary natural law theories can demonstrate some of the Planning Theory’s weaknesses as an alternative explanation of the ultimate grounds of the authoritativeness of legal norms. Some of these weaknesses, moreover, are instructive beyond the specific contours of the Planning Theory insofar as they generalise to other legal positivist approaches. In section one I consider Shapiro’s treatment of the so-called ‘Possibility Puzzle’ regarding the grounding relation between authoritative norms and legal authority. Shapiro’s denial of the capacity of earlier jurisprudential theories to resolve this puzzle overlooks what is – I suggest – a plausible solution developed by John Finnis on the basis of Joseph Raz’s theory of practical reason and norms. Section two then demonstrates why Shapiro’s attempt to combine a robust construal of the social facts thesis with a commitment to the thesis that law necessarily has a moral aim is ultimately unsuccessful. (shrink)
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  31. Philip Soper (2007). In Defense of Classical Natural Law in Legal Theory: Why Unjust Law is No Law at All. Canadian Journal of Law and Jurisprudence 20 (1):201-224.
    The classical view of natural law, often traced to Aquinas' statement that "unjust law is no law at all," finds few defenders today. Even those most sympathetic to natural law theories do not embrace the classical account, but, instead, convert Aquinas' claim into a claim of political theory or construct new "natural law" accounts about the connection between legal and moral principles in a theory of adjudication. In this paper, I defend the view that extreme (...)
     
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  32. J. Budziszewski (2009). The Line Through the Heart: Natural Law as Fact, Theory, and Sign of Contradiction. Intercollegiate Studies Institute.
    The suicidal proclivity of our time, writes the acclaimed philosopher J. Budziszewski, is to deny the obvious. Our hearts are riddled with desires that oppose their deepest longings, because we demand to have happiness on terms that make happiness impossible. Why? And what can we do about it? Budziszewski addresses these vital questions in his brilliantly persuasive new book, _The Line Through the Heart_. The answers can be discovered in an exploration of natural law—a venture that, with Budziszewski as (...)
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  33.  59
    M. Rhonheimer (2006). Nature as Reason: A Thomistic Theory of the Natural Law. Studies in Christian Ethics 19 (3):357-378.
    Jean Porter intends to develop a fresh construal of the natural law tradition which in its essentials corresponds to the thought of Aquinas. Despite her great learning and subtleness of argument, she seems to promote an agenda of her own which, rather than being Thomistic, points in the direction of a theologically warranted kind of moral relativism under the name of `moral pluralism'. Porter disregards the core of Aquinas's concept of natural law as a natural and truth-attaining (...)
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  34.  27
    Craig A. Boyd (2005). Participation Metaphysics in Aquinas's Theory of Natural Law. American Catholic Philosophical Quarterly 79 (3):431-445.
    Interpreters of Aquinas’s theory of natural law have occasionally argued that the theory has no need for God. Some, such as Anthony Lisska, wish to avoid an interpretation that construes the theory as an instance of theological definism. Instead Lisska sees Aquinas’s ontology of natural kinds as central to the theory. In his zeal to eliminate God from Aquinas’s theory of natural law, Lisska has overlooked two important features of the theory. (...)
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  35.  26
    Brian Zamulinski (2001). Aquinas's Theory of Natural Law in the Light of Evolution. Philo 4 (1):21-37.
    The main claim here is that Aquinas’s theory of natural law is false because it is incompatible with the occurrence of evolution by variation and natural selection. This contradicts the Thomist opinion that there is no conflict between the two. The conflict is deep and pervasive, involving the core elements of Aquinas’s theory. The problematic elements include: 1) the fundamental precept that good should be done and pursued, and evil avoided; 2) the claim that every organism (...)
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  36.  6
    Daniel Chernilo (2010). On the Relationships Between Social Theory and Natural Law: Lessons From Karl Löwith and Leo Strauss. History of the Human Sciences 23 (5):91-112.
    This article offers a combined reading of Karl Löwith’s and Leo Strauss’s critique of social theory from the point of view of the natural law tradition broadly understood. Within the context of a growing interest in revisiting social theory’s debt to natural law, the piece seeks to unfold the connections between the two traditions without searching to restore any kind of natural law. Rather, it looks at their relationships as one of Aufhebung — the suspension (...)
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  37.  26
    John Daniel Wild (1953). Plato's Modern Enemies and the Theory of Natural Law. [Chicago]University of Chicago Press.
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    Otto Friedrich von Gierke (1950/2001). Natural Law and the Theory of Society, 1500 to 1800. Lawbook Exchange.
    When this edition was published, all competent students of the history of jurisprudence and political thought at once recognized that Professor Barker had made ...
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  39. John Finnis (2001). Is Natural Law Theory Compatible with Limited Government? In Robert George (ed.), Natural Law, Liberalism, and Morality: Contemporary Essays. OUP Oxford
     
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  40.  5
    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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  41.  11
    Mark C. Murphy (2005). Natural Law Theory. In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell Pub. 15--28.
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  42.  3
    Jes Bjarup (2005). Continental Perspectives on Natural Law Theory and Legal Positivism. In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell Pub. 287--299.
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  43. Brian Bix (2010). Natural Law Theory. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory, 2nd ed. Blackwell Publishers
     
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  44.  72
    Brian Bix (2010). Will Versus Reason: Truth in Natural Law, Positive Law, and Legal Theory. In Kurt Pritzl (ed.), Truth: Studies of a Robust Presence. Catholic University of America Press
    This article is based on a Lecture given as part of the Franklin J. Matchette Foundation Lecture Series on Truth at the Catholic University of America, School of Philosophy, in 2002. It explores what theorists in the natural law tradition and modern legal theorists have argued about what makes propositions of morality and law true, focusing on the rubric of "reason" as opposed to "will." It seems probable, and perhaps inevitable, that theorists about the nature of truth in morality (...)
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  45.  10
    Thom Brooks (2012). James Seth on Natural Law and Legal Theory. Collingwood and British Idealism Studies 18 (2):115-132.
    This article argues that James Seth provides illuminating contributions to our understanding of law and, more specifically, the natural law tradition. Seth defends a unique perspective through his emphasis on personalism that helps identify a distinctive and compelling account of natural law and legal moralism. The next section surveys standard positions in the natural law tradition. This is followed with an examination of Seth's approach and the article concludes with analysis of its wider importance for scholars of (...)
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  46.  4
    John B. Noone (1972). Rousseau's Theory of Natural Law as Conditional. Journal of the History of Ideas 33 (1):23-42.
    Though rousseau rejects traditional versions he believes in a natural law which man can grasp independently of any knowledge of god. It is natural in the sense that in a given set of circumstances man by a combination of simple reason and conscience can know what is right and wrong, Just and unjust. However, Its obligatory character is conditional. In the one case it depends on the ascertainable fact of human enforcement, And in the other, On a strong (...)
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  47. Rufus Black (2013). Book Review: Jean Porter, Ministers of the Law: A Natural Law Theory of Legal Authority. [REVIEW] Studies in Christian Ethics 26 (2):254-256.
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  48. Santiago Ginnobili (2010). La teoría de la selección natural darwiniana (The Darwinian Theory of Natural Selection). Theoria 25 (1):37-58.
    This paper is about the reconstruction of the Darwinian Theory of Natural Selection. My aim here is to outline the fundamental law of this theory in an informal way from its applications in The Origin of Species and to make explicit its fundamental concepts. I will introduce the theory-nets of special laws that arise from the specialization of the fundamental law. I will assume the metatheoretical structuralist frame. I will also point out many consequences that my (...)
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  49.  17
    John Finnis (2012). Natural Law Theory: Its Past and its Present. American Journal of Jurisprudence 57 (1):81-101.
    The past in which theory of this kind had its origins is notably similar to the present. For this is theory–practical theory–which articulates a critique of critiques, and the critiques it criticizes, rejects and replaces have much in common whether one looks at them in their fifth century B.C. Hellenic (Sophistic) or their modern (Enlightenment, Nietzschean or postmodern) forms.
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  50. Jack Green Musselman (2009). Pt. 1. Thomistic Foundations : Natural Law Theory, Synderesis and Practical Reason. Human Nature and its Limits / Christopher Tollefsen ; Synderesis, Law, and Virtue / Angela McKay ; Human Nature and Moral Goodness / Patrick Lee ; Natural Law for Teaching Ethics : An Essential Tool and Not a Seamless Web. [REVIEW] In Mark J. Cherry (ed.), The Normativity of the Natural: Human Goods, Human Virtues, and Human Flourishing. Springer
     
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