Search results for 'Natural law Philosophy' (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: 1360.0
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  2. Knud Haakonssen (1996). Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment. Cambridge University Press.score: 522.0
    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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  3. Alessandro Passerin D'Entrèves (2004). Natural Law: An Introduction to Legal Philosophy. Transaction Publishers.score: 435.0
     
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  4. Svend Andersen (2001). Theological Ethics, Moral Philosophy, and Natural Law. Ethical Theory and Moral Practice 4 (4):349-364.score: 432.0
    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: (...)
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  5. Ellen Frankel, Fred Dycus Miller & Jeffrey Paul (eds.) (2000). Natural Law and Modern Moral Philosophy. Cambridge University Press.score: 387.0
    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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  6. David Novak (1998). Natural Law in Judaism. Cambridge University Press.score: 387.0
    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 (...)
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  7. Jules L. Coleman & Scott Shapiro (eds.) (2002). The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.score: 354.0
    One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading (...)
     
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  8. 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: 351.0
    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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  9. 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: 351.0
    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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  10. Nico P. Swartz (2010). Rosmini's (1797-1855) Contribution to Theology, Philosophy and Fundamental Rights in Civil Society,According to Post-Thomist Natural Law. [REVIEW] Sun Press.score: 345.0
  11. Mark H. Waddicor (1970). Montesquieu and the Philosophy of Natural Law. The Hague,Nijhoff.score: 345.0
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  12. Georg Wilhelm Friedrich Hegel (1975). Natural Law: The Scientific Ways of Treating Natural Law, its Place in Moral Philosophy, and its Relation to the Positive Sciences of Law. University of Pennsylvania Press.score: 345.0
  13. Francesco Fagiani (1983). Natural Law and History in Locke's Theory of Distributive Justice. Topoi 2 (2):163-185.score: 342.0
    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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  14. Jacqueline A. Laing & Russell Wilcox (eds.) (forthcoming). A Natural Law Reader. Blackwell.score: 342.0
    The Natural Law Tradition has been at the very heart of western ethical, political and jurisprudential development. The purpose of the present volume is to collect together a representative and wide-ranging series of readings which fall within the auspices of the oldest and historically most authoritative of these and takes the discussion into the modern world with readings in metaphysics, jurisprudence, politics and ethics. This project, drawing upon the metaphysical and ethical categories most famously stated and developed by Aristotle (...)
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  15. Daniel Chernilo (2013). The Natural Law Foundations of Modern Social Theory: A Quest for Universalism. Cambridge University Press.score: 342.0
    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 Durkheim on alienation, (...)
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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.score: 342.0
    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. Douglas Kries (2007). The Problem of Natural Law. Lexington Books.score: 342.0
    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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  18. 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.score: 342.0
    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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  19. Ruth Austin Miller (2009). Law in Crisis: The Ecstatic Subject of Natural Disaster. Stanford University Press.score: 318.0
    Law in Crisis is an unsettling history of natural disaster and political subject formation in the modern world.
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  20. John Keown & Robert P. George (eds.) (2013). Reason, Morality, and Law: The Philosophy of John Finnis. Oxford University Press.score: 318.0
    John Finnis is a pre-eminent legal, moral and political philosopher. This volume contains over 25 essays by leading international scholars of philosophy and law who critically engage with issues at the heart of Finnis's work.
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  21. Dennis des Chene, Natural Laws and Divine Agency in the Later Seventeenth Century.score: 315.0
    It is a commonplace that one of the primary tasks of natural science is to discover the laws of nature. Those who don’t think that nature has laws will of course disagree; but of those who do, most will be in accord with Armstrong when he writes that natural science, having discovered the kinds and properties of things, should “state the laws” which those things “obey” (Armstrong What is a law 3). No Scholastic philosopher would have included the (...)
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  22. Michael Cuffaro (2011). On Thomas Hobbes's Fallible Natural Law Theory. History of Philosophy Quarterly 28 (2):175-190.score: 306.0
    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 (...)
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  23. David S. Caudill (2009). On Realism's Own "Hangover" of Natural Law Philosophy : Llewellyn 'Avec' Dooyeweerd. In Francis J. Mootz (ed.), On Philosophy in American Law. Cambridge University Press.score: 306.0
     
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  24. Jerome Hall (1964). Elements of Natural Law Philosophy. In Sidney Hook (ed.), Law and Philosophy. [New York]New York University Press.score: 306.0
     
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  25. José María Torralba, Mario Šilar, García Martínez & Alejandro Néstor (eds.) (2008). Natural Law: Historical, Systematic and Juridical Approaches. Cambridge Scholars Pub..score: 306.0
     
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  26. René I. Holaind (1899/2008). Natural Law and Legal Practice: Lectures Delivered at the Law School of Georgetown University. Lawbook Exchange, Ltd..score: 303.0
    INTRODUCTORY* Teleology, ok Moeal Causation. 1. Man aim 8 Before studying the laws which gov- at Fruition — ie, ern human actions, it is useful, ...
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  27. John Finnis (1980/1979). Natural Law and Natural Rights. Oxford University Press.score: 300.0
    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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  28. Charles Covell (1992). The Defence of Natural Law: A Study of the Ideas of Law and Justice in the Writings of Lon L. Fuller, Michael Oakeshot, F.A. Hayek, Ronald Dworkin, and John Finnis. [REVIEW] St. Martin's Press.score: 300.0
  29. Ellen Frankel Paul, Fred Dycus Miller & Jeffrey Paul (eds.) (2012). Natural Rights Individualism and Progressivism in American Political Philosophy. Cambridge University Press.score: 300.0
    "In 1776, the American Declaration of Independence appealed to "the Laws of nature and of Nature's God" and affirmed "these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain ...
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  30. W. Luijpen (1967). Phenomenology of Natural Law. Pittsburgh, Duquesne University Press.score: 300.0
     
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  31. Lloyd L. Weinreb (1987). Natural Law and Justice. Harvard University Press.score: 300.0
  32. Samuel Zinaich (2006). John Locke's Moral Revolution: From Natural Law to Moral Relativism. University Press of America.score: 300.0
  33. Mark C. Murphy (2006). Natural Law in Jurisprudence and Politics. Cambridge University Press.score: 297.0
    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 (...)
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  34. Yves René Marie Simon (1965/1992). The Tradition of Natural Law: A Philosopher's Reflections. Fordham University Press.score: 297.0
    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: 297.0
    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 (...)
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  36. T. J. Hochstrasser (2000). Natural Law Theories in the Early Enlightenment. Cambridge University Press.score: 297.0
    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 (...)
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  37. Alfonso Gómez-Lobo (2002). Morality and the Human Goods: An Introduction to Natural Law Ethics. Georgetown University Press.score: 297.0
    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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  38. Mark J. Cherry (ed.) (2004). Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers.score: 297.0
    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 (...)
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  39. David S. Oderberg & T. D. J. Chappell (eds.) (2004). Human Values: New Essays on Ethics and Natural Law. Palgrave Macmillan.score: 297.0
    In recent decades, the revival of natural law theory in modern moral philosophy has been an exciting and important development. Human Values brings together an international group of moral philosophers who in various respects share the aims and ideals of natural law ethics. In their diverse ways, these authors make distinctive and original contributions to the continuing project of developing natural law ethics as a comprehensive treatment of modern ethical theory and practice.
     
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  40. Samuel Pufendorf (1991). On the Duty of Man and Citizen According to Natural Law. Cambridge University Press.score: 297.0
    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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  41. Theodore M. Benditt (1978). Law as Rule and Principle: Problems of Legal Philosophy. Stanford University Press.score: 291.0
    Legal Realism Judges ascertain and apply the law. This is what almost everyone would suppose, and legal writers as far apart in their views of law as Sir ...
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  42. Thom Brooks (ed.) (2012). Hegel's Philosophy of Right: Essays on Ethics, Politics, and Law. Wiley-Blackwell.score: 291.0
    The most comprehensive collection on Hegel's Philosophy of Right available Features new essays by leading international Hegel interpreters divided in sections ...
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  43. Hans Kelsen (1957/2000). What is Justice?: Justice, Law, and Politics in the Mirror of Science: Collected Essays. Lawbook Exchange.score: 288.0
    What is justice? -- The idea of justice in the Holy Scriptures -- Platonic justice -- Aristotle's doctrine of justice -- The natural-law doctrine before the tribunal of science -- A "dynamic" theory of natural law -- Absolutism and relativism in philosophy and politics -- Value judgments in the science of law -- The law as a specific social technique -- Why should the law be obeyed? -- The pure theory of the law and analytical jurisprudence -- (...)
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  44. John R. Shook (2009). Comparative Political Philosophy: Categorizing Political Philosophies Using Twelve Archetypes. Metaphilosophy 40 (5):633-655.score: 288.0
    Abstract: Comparative political philosophy can be stimulated by imposing a categorization scheme on possible varieties of political philosophies. This article develops a categorization scheme using four essential features of political philosophies, resulting in twelve archetypal political philosophies. The four essential features selected are a political philosophy's views concerning human nature, the proper function of morality, the best form of society, and the highest responsibility of citizenship. The twelve archetypal political philosophies range from the communal (Rousseau), the democratic (J. (...)
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  45. Giorgio Del Vecchio (1956/1986). General Principles of Law. F.B. Rothman.score: 288.0
    Roscoe Pound, in the introduction, gives a panorama of the various schools of legal philosophy, & places natural law in its proper perspective relative to ...
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  46. David T. Runia, Gregory E. Sterling & Hindy Najman (eds.) (2003). Laws Stamped with the Seals of Nature: Laws and Nature in Hellenistic Philosophy and Philo of Alexandria. Brown University.score: 285.0
     
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  47. Immanuel Kant (1887/1974). The Philosophy of Law. Clifton [N.J.]A. M. Kelley.score: 282.0
    This edition also reprints Kant's later Supplementary Explanations (1797), which was added to the second edition (1798).
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  48. William Ernest Hocking (1926/1986). Present Status of the Philosophy of Law and of Rights. F.B. Rothman.score: 282.0
    This small book is intended to play a part in a larger scheme.
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  49. Gail Belaief (1971). Spinoza's Philosophy of Law. The Hague,Mouton.score: 282.0
  50. Georg Wilhelm Friedrich Hegel (1991). Elements of the Philosophy of Right. Cambridge University Press.score: 282.0
    This book is a translation of a classic work of modern social and political thought. Elements of the Philosophy of Right, Hegel's last major published work, is an attempt to systematize ethical theory, natural right, the philosophy of law, political theory, and the sociology of the modern state into the framework of Hegel's philosophy of history. Hegel's work has been interpreted in radically different ways, influencing many political movements from far right to far left, and is (...)
     
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