Search results for 'Natural law History' (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.score: 680.0
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  2. Francis Oakley (2005). Natural Law, Laws of Nature, Natural Rights: Continuity and Discontinuity in the History of Ideas. Continuum.score: 161.0
    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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  3. Francis Oakley (1984). Natural Law, Conciliarism, and Consent in the Late Middle Ages: Studies in Ecclesiastical and Intellectual History. Variorum Reprints.score: 147.0
     
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  4. T. J. Hochstrasser (2000). Natural Law Theories in the Early Enlightenment. Cambridge University Press.score: 131.0
    This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human sociability (...)
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  5. T. J. Hochstrasser & Peter Schröder (eds.) (2003). Early Modern Natural Law Theories: Contexts and Strategies in Early Enlightenment. Kluwer Academic Publishers.score: 131.0
    The study of natural law theories is presently one of the most fruitful areas of research in the studies of early modern intellectual history, and moral and political theory. Likewise the historical significance of the Enlightenment for the development of `modernisation' in many different forms continues to be the subject of controversy. This collection therefore offers a timely opportunity to re-examine both the coherence of the concept of an `early Enlightenment', and the specific contribution of natural law (...)
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  6. Knud Haakonssen (1996). Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment. Cambridge University Press.score: 131.0
    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 (...)
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  7. Francesco Fagiani (1983). Natural Law and History in Locke's Theory of Distributive Justice. Topoi 2 (2):163-185.score: 129.0
    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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  8. Stephen Buckle (1991). Natural Law and the Theory of Property: Grotius to Hume. Oxford University Press.score: 116.0
    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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  9. C. Fred Alford (2010). Narrative, Nature, and the Natural Law: From Aquinas to International Human Rights. Palgrave Macmillan.score: 116.0
    Introduction -- Saint Thomas : putting nature into natural law -- Maritain and the love for the natural law -- The new natural law and evolutionary natural law -- International human rights, natural law, and Locke -- Conclusion : evil and the limits of the natural law.
     
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  10. Linda Kirk (1987). Richard Cumberland and Natural Law: Secularisation of Thought in Seventeenth-Century England. J. Clarke & Co..score: 116.0
    The first biographical and intellectual study of the most influential of 18th century natural law philosophers.
     
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  11. 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.score: 116.0
    The Euthyphro problem and the natural law : an investigation of some aspects of the medieval debate on natural law -- Aristotle : natural law and man in the "metaxy" -- St. Thomas Aquinas : the "lex naturalis" -- Thomas Hobbes : The state of nature and natural rights -- John Locke : natural law, natural rights and God -- Concluding remarks and a heavenly dialogue.
     
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  12. Michael Bertram Crowe (1977). The Changing Profile of the Natural Law. Nijhoff.score: 105.0
    This work approaches international law as more than merely information contained in international legal norms, & does not view international law as a body of ...
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  13. José María Torralba, Mario Šilar, García Martínez & Alejandro Néstor (eds.) (2008). Natural Law: Historical, Systematic and Juridical Approaches. Cambridge Scholars Pub..score: 102.0
     
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  14. Pauline C. Westerman (1998). The Disintegration of Natural Law Theory: Aquinas to Finnis. Brill.score: 102.0
  15. Paul E. Sigmund (1971/1982). Natural Law in Political Thought. University Press of America.score: 100.0
     
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  16. David Novak (1998). Natural Law in Judaism. Cambridge University Press.score: 99.0
    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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  17. B. H. Woo (2012). Pannenberg's Understanding of the Natural Law. Studies in Christian Ethics 25 (3):346-366.score: 99.0
    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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  18. Christopher Adair-Toteff (2005). Ernst Troeltsch and the Philosophical History of Natural Law. British Journal for the History of Philosophy 13 (4):733 – 744.score: 90.0
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  19. Murray Forsyth (1982). The Place of Richard Cumberland in the History of Natural Law Doctrine. Journal of the History of Philosophy 20 (1):23-42.score: 90.0
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  20. M. Eulàlia Gassó Miracle (2008). The Significance of Temminck's Work on Biogeography: Early Nineteenth Century Natural History in Leiden, the Netherlands. [REVIEW] Journal of the History of Biology 41 (4):677 - 716.score: 90.0
    C. J. Temminck, director of the Rijksmuseum van Natuurlijke Historie (now the National Museum of Natural History in Leiden) and a renowned ornithologist, gained his contemporary's respect thanks to the description of many new species and to his detailed monographs on birds. He also published a small number of works on biogeography describing the fauna of the Dutch colonies in South East Asia and Japan. These works are remarkable for two reasons. First, in them Temminck accurately described the (...)
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  21. Rafael Ramis Barceló (2010). The History of Modern Ethics and Rational Natural Law. History of European Ideas 36 (2):266-271.score: 90.0
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  22. Tony Burns (2003). The Tragedy of Slavery: Aristotle's Rhetoric and the History of the Concept of Natural Law. History of Political Thought 24 (1):16-36.score: 90.0
  23. Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.score: 87.0
    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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  24. Michael Cuffaro (2011). On Thomas Hobbes's Fallible Natural Law Theory. History of Philosophy Quarterly 28 (2):175-190.score: 87.0
    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, Hobbes (...)
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  25. Ruth Austin Miller (2009). Law in Crisis: The Ecstatic Subject of Natural Disaster. Stanford University Press.score: 87.0
    Law in Crisis is an unsettling history of natural disaster and political subject formation in the modern world.
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  26. Radoslav A. Tsanoff (1955). Book Review:Natural Law and History. Leo Strauss. [REVIEW] Ethics 65 (2):139-.score: 87.0
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  27. A. D. Barder (2007). RW Dyson, Natural Law and Political Realism in the History of Political Thought. Volume I: From the Sophists to Machiavelli. Philosophy in Review 27 (2):108.score: 87.0
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  28. Rafael Ramis Barcelo (2011). The History of Ethics (and Natural Law) by Terence Irwin. Pensamiento 67 (252):347-365.score: 87.0
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  29. Laing (2012). The Connection Between Law and Justice in the Natural Law Tradition. In Nick Spencer (ed.), Religion and Law. London, Theos.score: 85.0
    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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  30. Craig Paterson (2010). Review of Assisted Suicide and Euthanasia: A Natural Law Ethics Approach. [REVIEW] Ethics and Medicine 26 (1):23-4.score: 84.0
    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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  31. Mark C. Murphy (2006). Natural Law in Jurisprudence and Politics. Cambridge University Press.score: 84.0
    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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  32. J. Daryl Charles (2008). Retrieving the Natural Law: A Return to Moral First Things. William B. Eerdmans Pub. Co..score: 84.0
    Introduction -- Contending for moral first things : Christian social ethics and postconsensus culture -- Natural law and the Christian tradition -- Natural law and the Protestant prejudice -- Moral law, Christian belief, and social ethics -- Contending for moral first things in ethical and bioethical debates : critical categories, part 1 -- Contending for moral first things in ethical and bioethical debates : critical categories, part 2 -- Ethics, bioethics, and the natural law, a (...)
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  33. Craig Paterson (2001). The Contribution of Natural Law Theory to Moral and Legal Debate Concerning Suicide, Assisted Suicide and Euthanasia. Universal Publishers.score: 84.0
    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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  34. Yves René Marie Simon (1965/1992). The Tradition of Natural Law: A Philosopher's Reflections. Fordham University Press.score: 84.0
    The tradition of natural law is one of the foundations of Western civilization. At its heart is the conviction that there is an objective and universal justice which transcends humanity’s particular expressions of justice. It asserts that there are certain ways of behaving which are appropriate to humanity simply by virtue of the fact that we are all human beings. Recent political debates indicate that it is not a tradition that has gone unchallenged: in fact, the opposition is as (...)
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  35. Robert P. George (ed.) (1992). Natural Law Theory: Contemporary Essays. Oxford University Press.score: 84.0
    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 the (...)
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  36. Martin Rhonheimer (2000). Natural Law and Practical Reason: A Thomist View of Moral Autonomy. Fordham University Press.score: 84.0
    Rhonheimer applies moral theology to practical questions, such as, what does it mean to violate the natural law, or to be “unnatural”?
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  37. Ellen Frankel, Fred Dycus Miller & Jeffrey Paul (eds.) (2000). Natural Law and Modern Moral Philosophy. Cambridge University Press.score: 84.0
    These essays address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy. some of the essays explore the implications that natural law theory has for jurisprudence, asking what natural law suggests about the use of legal devices such as constitutions and precedents. Other essays examine the connections between natural law and various political concepts, such as citizens' rights and the obligation of citizens to obey their (...)
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  38. Alfonso Gómez-Lobo (2002). Morality and the Human Goods: An Introduction to Natural Law Ethics. Georgetown University Press.score: 84.0
    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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  39. Robert P. George (ed.) (1996). Natural Law, Liberalism, and Morality: Contemporary Essays. Oxford University Press.score: 84.0
    This work brings together leading defenders of Natural Law and Liberalism for a series of frank and lively exchanges touching upon critical issues of contemporary moral and political theory. The book is an outstanding example of the fruitful engagement of traditions of thought about fundamental matters of ethics and justice.
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  40. Stephen John Grabill (2006). Rediscovering the Natural Law in Reformed Theological Ethics. William B. Eerdmans Pub. Co..score: 84.0
    Karl Barth and the displacement of natural law in contemporary Protestant theology -- Development of the natural-law tradition through the high Middle Ages -- John Calvin and the natural knowledge of God the Creator -- Peter Martyr Vermigli and the natural knowledge of God the Creator -- Natural law in the thought of Johannes Althusius -- Francis Turretin and the natural knowledge of God the Creator.
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  41. J. J. Burlamaqui (1748/2004). The Principles of Natural Law: In Which the True Systems of Morality and Civil Government Are Established, and the Different Sentiments of Grotius, Hobbes, Puffendorf, Barbeyrac, Locke, Clark, and Hutchinson, Occasionally Considered. Lawbook Exchange.score: 84.0
  42. Edmund Wall (2008). Searle's Derivation, Natural Law, and Moral Relativism. Philosophia 36 (2):237-249.score: 84.0
    Some philosophers have maintained that even if John R. Searle’s attempted derivation of an evaluative proposition from purely descriptive premises is successful, moral ought would not have been derived. Searle agrees. I will argue that if Searle has successfully derived “ought,” then, based on various approaches taken towards the content of “morality,” this is moral ought. I will also trace out some of the benefits of a successful derivation of moral ought in relation to natural law ethics. I sketch (...)
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  43. Svend Andersen (2001). Theological Ethics, Moral Philosophy, and Natural Law. Ethical Theory and Moral Practice 4 (4):349-364.score: 84.0
    The article deals with the relationship between theological ethics and moral philosophy. The former is seen as a theoretical reflection on Christian ethics, the latter as one on secular ethics. The main questions asked are: (1) Is there one and only one pre-theoretical knowledge about acting rightly? (2) Does philosophy provide us with the theoretical framework for understanding both Christian and secular ethics? Both questions are answered in the negative. In the course of argument, four positions are presented: theological unificationism, (...)
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  44. Mark J. Cherry (ed.) (2004). Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers.score: 84.0
    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 of (...)
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  45. Cal Ledsham (2010). Love, Power and Consistency: Scotus' Doctrines of God's Power, Contingent Creation, Induction and Natural Law. Sophia 49 (4):557-575.score: 84.0
    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 laws, (...)
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  46. 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.score: 84.0
    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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  47. Joshua D. Goldstein (2011). New Natural Law Theory and the Grounds of Marriage. Social Theory and Practice 37 (3):461-482.score: 84.0
    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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  48. James Franklin, Natural Law Ethics in Disciplines Abstract to Applied.score: 84.0
    Language suggestive of natural law ethics, similar to the Catholic understanding of ethical foundations, is prevalent in a number of disciplines. But it does not always issue in a full-blooded commitment to objective ethics, being undermined by relativist ethical currents. In law and politics, there is a robust conception of "human rights", but it has become somewhat detached from both the worth of persons in themselves and from duties. In education, talk of "values" imports ethical considerations but hints at (...)
     
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  49. 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.score: 84.0
    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. From this (...)
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