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1 — 50 / 303
  1. added 2019-03-18
    Two Views of Natural Law and the Shaping of Economic Science.Sergio Cremaschi - 2002 - Croatian Journal of Philosophy 2 (2):181-196.
    In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to skeptical doubt. (...)
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  2. added 2019-03-08
    Three Concepts of Law: The Ambiguous Legacy of H.L.A. Hart.Brian Slattery - 1998 - Saskatchewan Law Review 61:323-39.
    The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...)
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  3. added 2019-03-08
    Law's Meaning.Brian Slattery - 1996 - Osgoode Hall Law Journal 34:553-81.
    It is often thought that the meaning of a legal provision must reside in the minds of its authors or its interpreters, or a combination of the two. Indeed, the point may seem so obvious that it scarcely needs any justification. Is there any sense, then, in the claim sometimes made by judges that a law has a meaning of its own, one that is distinct from the intentions of authors and interpreters alike? At first sight, the claim appears extravagant (...)
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  4. added 2019-03-07
    Éticas sin moral.Ana González - 2009 - Pensamiento y Cultura 12 (2):303-320.
    En el debate ético contemporáneo coexisten planteamientos derivados de la filosofía moral moderna con otros enfoques que cuestionan sus ambiciones normativas. Estos enfoques se han descrito como “éticas sin moral”, dando por sentado que el término “moral” recoge un aspecto nuclear del pensamiento ético moderno: el deseo de identificar las normas universales objetivas. En este ensayo me propongo examinar si es posible defender la normatividad de la razón sustrayéndose a las críticas esgrimidas desde las contemporáneas éticas sin moral.
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  5. added 2019-02-06
    Law-Determination as Grounding: A Common Grounding Framework for Jurisprudence.Samuele Chilovi & George Pavlakos - 2019 - Legal Theory 25 (1):1-24.
    Law being a derivative feature of reality, it exists in virtue of more fundamental things, upon which it depends. This raises the question of what is the relation of dependence that holds between law and its more basic determinants. The primary aim of this paper is to argue that grounding is that relation. We first make a positive case for this claim, and then we defend it from the potential objection that the relevant relation is rather rational determination (Greenberg 2004, (...)
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  6. added 2019-02-01
    Plato’s Conception of Justice and the Question of Human Dignity.Marek Piechowiak - 2019 - Berlin, Niemcy: Peter Lang Academic Publishers.
    This book is the first comprehensive study of Plato’s conception of justice. The universality of human rights and the universality of human dignity, which is recognised as their source, are among the crucial philosophical problems in modern-day legal orders and in contemporary culture in general. If dignity is genuinely universal, then human beings also possessed it in ancient times. Plato not only perceived human dignity, but a recognition of dignity is also visible in his conception of justice, which forms the (...)
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  7. added 2018-12-31
    Aquinas and the Natural Habit of Synderesis: A Response to Celano.Lisa Holdsworth - 2016 - Diametros 47:35-49.
    Anthony Celano argues that after Thomas Aquinas the flexibility of Aristotle’s ethics gives way to the universal codes of Christian morality. His argument posits that the Schoolmen adopted a line of moral reasoning that follows a Platonic tradition of taking universal moral principles as the basis of moral reasoning. While Thomas does work in a tradition that, resemblant of the Platonic tradition, incorporates inerrant principles of moral reasoning in the habit of _synderesis_, his understanding of those principles is distinctly Aristotelian (...)
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  8. added 2018-12-31
    Complicating Conscience, Refreshing Discontent.Paul J. Medeiros - 2016 - Diametros 47:50-63.
    The 19th Century New England author Thoreau provides an approach to conscience and unjust laws approximating that given by St. Thomas Aquinas in _Summa Theologiae_. But the portrait of conscience given by Thoreau in the 1848 oration “Civil Disobedience” is incomplete. Thoreau’s approach is solved by accepting insights given in Part I and Part I–II of _Summa Theologiae_. Allowing St. Thomas’ insights requires reform of Thoreau’s civil disobedience and conscientious objection. But Thoreau’s arguments are given new life.
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  9. added 2018-12-15
    The Irony of Law.Timothy Endicott - 2013 - In John Keown & Robert P. George (eds.), Reason, Morality, and Law: The Philosophy of John Finnis. Oxford: Oxford University Press. pp. 327-345.
    John Finnis says that central cases of the concepts of social theory (such as the concept of law) fully instantiate certain characteristic values (which are instantiated in more-or-less watered-down ways in peripheral cases). Yet the instances of some such concepts (such as the concepts of slavery, of tyranny, and of murder) do not instantiate any value. I propose a solution to this puzzle: the central cases of such concepts focally instantiate certain ills. The central case of a concept essential to (...)
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  10. added 2018-12-15
    Morality and the Making of Law: Four Questions.Timothy Endicott - 2010 - Jurisprudence 1 (2):267-275.
    I address four questions that arise out of Nigel Simmonds's book, Law as a Moral Idea : Is politics a moral idea too? Is there any such thing as law making? Is there a right answer to every legal dispute? What justifies a judicial decision? To each question I propose an answer that shares much with Simmonds's views, but diverges. Simmonds is right to call law a 'moral idea', and that implies a connection between law and a moral ideal; in (...)
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  11. added 2018-10-17
    Metaphysical Foundations for Natural Law.Owen Anderson - 2006 - New Blackfriars 87 (1012):617-630.
  12. added 2018-09-26
    Lon L. Fuller on Political Obligation.Kevin Walton - 2018 - American Journal of Jurisprudence 63 (2):175-188.
    In his debate with H.L.A. Hart, Lon L. Fuller criticizes legal positivism for its inability to account for the moral obligation to obey the law, an obligation in which he and, he thinks, most others, including legal positivists, believe. He assumes that his alternative conception of law is not similarly flawed. In this paper, I ask whether his assumption is warranted. My topic, therefore, is Fuller's contribution to the philosophical debate about “political obligation.” Participants in the debate have neglected his (...)
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  13. added 2018-09-20
    Issues with the Judicial System: A Philosophical and Psychological Approach.Manish Nagireddy - manuscript
    What factors affect judicial decision-making? The legal system is of utmost importance because of its impact on our lives. Judges appear to have the most power among any social workers seeing as the precedents set in their decisions are tantamount to written law. Nevertheless, judges may be subject to certain biases, moral and cognitive alike, which influence their rulings. Looking into how morality and cognitive biases affect judges may also reveal how we as individuals handle combining morals with ethics- as (...)
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  14. added 2018-06-16
    Eutanasia: dalle aporie al metodo pragmatico dell’etica combinatoria.Damiano Migliorini - 2017 - Dialegesthai. Rivista Telematica di Filosofia 19.
    Referring to Reichlin’s reflections, the author analyzes the aporias arised in the debate on euthanasia, proposes to establish some general principles (e.g. inviolability of human life, the prohibition of extend unnecessary suffering, the principle of autonomy) and a method of application of them to controversial cases. The combinatorial ethics that emerges can probably solve the aporias and can harmonize the common sense (about the possibility of euthanasia in extreme cases) with Catholic doctrine – specifically referring to the Natural Moral Law (...)
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  15. added 2018-06-01
    The Limits of Natural Law Originalism.Mikołaj Barczentewicz - 2018 - Notre Dame Law Review Online 93:115-130.
    In “Enduring Originalism,” Jeffrey Pojanowski and Kevin C. Walsh outline how originalism in constitutional interpretation can be grounded in modern natural law theory as developed by John Finnis. Their argument to that effect is powerful and constitutes a welcome addition both to natural law theory and to originalist theory. However, the authors chose to present their account as a superior alternative to, or modification of, “positive” (“original-law”) originalism of Stephen Sachs and William Baude. It is that aspect of the paper (...)
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  16. added 2018-05-30
    Existentialism, Liberty and the Ethical Foundations of Law.Jonathan George Crowe - 2006 - Dissertation,
    The thesis examines the theoretical relationship between law and ethics. Its methodology is informed by both the existentialist tradition of ethical phenomenology and the natural law tradition in legal theory. The main claim of the thesis is that a phenomenological analysis of ethical experience, as suggested by the writings of existentialist authors such as Jean-Paul Sartre and Emmanuel Levinas, provides important support for the natural law tradition. This claim is developed and defended through detailed engagement with the natural law theory (...)
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  17. added 2018-05-10
    Lon Fuller's Legal Structuralism.William Conklin - 2012 - In Bjarne Melkevik (ed.), Standing Tall Hommages a Csaba Varga. Budapest: Pazmany Press. pp. 97-121.
    Anglo-American general jurisprudence remains preoccupied with the relationship of legality to morality. This has especially been so in the re-reading of Lon Fuller’s theory of an implied morality in any law. More often than not, Fuller has been said to distinguish between the identity of a discrete rule and something called ‘morality’. In this reading of Fuller, however, insufficient attention to what is signified by ‘morality’. Such an implied morality has been understood in terms of deontological duties, the Good life, (...)
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  18. added 2018-05-10
    Invisible Author of Legal Authority.William E. Conklin - 1996 - Law and Critique 7 (2):173-192.
    The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...)
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  19. added 2018-03-13
    Comments and Responses.Robert Alexy - 2012 - In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
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  20. added 2018-03-13
    Law, Morality, and the Existence of Human Rights.Robert Alexy - 2012 - Ratio Juris 25 (1):2-14.
    In the debate between positivism and non-positivism the argument from relativism plays a pivotal role. The argument from relativism, as put forward, for instance, by Hans Kelsen, says, first, that a necessary connection between law and morality presupposes the existence of absolute, objective, or necessary moral elements, and, second, that no such absolute, objective, or necessary moral elements exist. My reply to this is that absolute, objective, or necessary moral elements do exist, for human rights exist, and human rights exist (...)
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  21. added 2018-03-13
    The Dual Nature of Law.Robert Alexy - 2010 - Ratio Juris 23 (2):167-182.
    The argument of this article is that the dual-nature thesis is not only capable of solving the problem of legal positivism, but also addresses all fundamental questions of law. Examples are the relation between deliberative democracy and democracy qua decision-making procedure along the lines of the majority principle, the connection between human rights as moral rights and constitutional rights as positive rights, the relation between constitutional review qua ideal representation of the people and parliamentary legislation, the commitment of legal argumentation (...)
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  22. added 2018-03-13
    On the Concept and the Nature of Law.Robert Alexy - 2008 - Ratio Juris 21 (3):281-299.
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  23. added 2018-03-13
    On Two Juxtapositions: Concept and Nature, Law and Philosophy. Some Comments on Joseph Raz's "Can There Be a Theory of Law?".Robert Alexy - 2007 - Ratio Juris 20 (2):162-169.
  24. added 2018-03-13
    Effects of Defects-Action or Argument? Thoughts About Deryck Beyleveld and Roger Brownsword's Law as a Moral Judgment.Robert Alexy - 2006 - Ratio Juris 19 (2):169-179.
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  25. added 2018-03-13
    By Maritain's Ideas and Culture, History, and the Relationship Between the Natural Moral Law.Liqin Ai - 2006 - Philosophy and Culture 33 (3):37-67.
    In this paper, Maritain's theory, to explore culture, history and the relationship between the natural moral law. Provides a natural moral law and moral principles common starting point for dialogue, so that different religious, cultural, philosophical system can have a space for dialogue. This article first discusses Maritain's theory, the combination of state-like problem, introducing the principle of asymptotic lines, and to test how the history of a cultural understanding and implementation of the amount of natural moral law. And the (...)
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  26. added 2018-03-13
    La Separación Entre El Derecho Y la Moral. Debate Entre Robert Alexy Y Andrei Marmor.Tecnico Acfs - 2005 - Anales de la Cátedra Francisco Suárez 39:743-793.
    Chair: Carl Wellman. There will now be a discussion between the two speakers in which they will take turns, posing questions, isolating issues and talking back and forth. At some point, I will accept questions from the floor.
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  27. added 2018-03-13
    The Nature of Legal Philosophy.Robert Alexy - 2004 - Ratio Juris 17 (2):156-167.
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  28. added 2018-03-13
    Constitutional Rights, Balancing, and Rationality.Robert Alexy - 2003 - Ratio Juris 16 (2):131-140.
  29. added 2018-03-13
    A Theory of Constitutional Rights.Robert Alexy - 2002 - Oxford University Press UK.
    This book analyses the general structure of constitutional rights reasoning under the German Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.
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  30. added 2018-03-13
    On the Thesis of a Necessary Connection Between Law and Morality: Bulygin's Critique.Robert Alexy - 2000 - Ratio Juris 13 (2):138-147.
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  31. added 2018-03-13
    The Special Case Thesis.Robert Alexy - 1999 - Ratio Juris 12 (4):374-384.
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  32. added 2018-03-13
    Philosophy of Law and Jurisprudence.Mortimer Jerome Adler - 1961 - Chicago: Encyclopaedia Britannica.
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  33. added 2018-02-26
    Christian Natural Law the Spirit and Method Of.G. Ambrosetti - 1971 - American Journal of Jurisprudence 16 (1):290-301.
  34. added 2018-01-20
    Preface to a Philosophy of Legal Information.Kevin Lee - 2018 - SMU Science and Technology Law Review 20.
    This essay introduces the philosophy of legal information (PLI), which is a response to the radical changes brought about in philosophy by the information revolution. It reviews in some detail the work of Luciano Floridi, who is an influential advocate for an information turn in philosophy that he calls the philosophy of information (PI). Floridi proposes that philosophers investigate the conceptual nature of information as it currently exists across multiple disciplines. He shows how a focus on the informational nature of (...)
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  35. added 2017-11-23
    The Incoherence of Libertarianism.Richard Oxenberg - manuscript
    In this essay I argue that the ethical and political position known as libertarianism is logically incoherent and, as such, cannot serve as a sound basis for either political theory or public policy. Given that the libertarian position is frequently used to provide the rationale for many of the economic (if not the social) policies of the right, a recognition of this incoherence is especially relevant to us today.
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  36. added 2017-11-04
    Os fundamentos da lei natural e sua correlação com a lei positiva.Leopoldo Werner Benjumea - 2011 - Lumen Veritatis 4 (13):31-48.
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  37. added 2017-09-04
    A Moral Theory of Political Reconciliation.Colleen Murphy - 2010 - New York: Cambridge University Press.
    Following extended periods of conflict or repression, political reconciliation is indispensable to the establishment or restoration of democratic relationships and critical to the pursuit of peacemaking globally. In this book, Colleen Murphy offers an innovative analysis of the moral problems plaguing political relationships under the strain of civil conflict and repression. Focusing on the unique moral damage that attends the deterioration of political relationships, Murphy identifies the precise kinds of repair and transformation that processes of political reconciliation ought to promote. (...)
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  38. added 2017-08-15
    Law, Justice and Integrity: The Paradox of Wicked Laws.T. R. S. Allan - 2009 - Oxford Journal of Legal Studies 29 (4):705-728.
    Ronald Dworkin's theory of law forges a close connection between questions about the truth of propositions of law and the question of political obligation: law as integrity is a theory of legal practice that purports to explain, not only how the content of law is determined, but also why the law—in ordinary cases—imposes an obligation of obedience. The theory (as presented) is ultimately incoherent. If we accept Dworkin's theory of the grounds of law we are obliged to reject his claims (...)
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  39. added 2017-07-10
    Law and Justice in Community.Garrett Barden - 2010 - Oxford University Press.
    Introduction: the grey goose -- The origins of civil society and the function of law -- Justice, ownership, and law -- Natural justice and conventional justice -- Justice and the trading order -- Adjudication and interpretation -- Morality, law, and legislation -- Natural law -- Rights -- The force of law -- The authority and legitimacy of law -- Conclusion.
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  40. added 2017-05-10
    Naturphilosophie. Ein Lehr- Und Studienbuch.Thomas Kirchhoff, Nicole C. Karafyllis, Dirk Evers, Brigitte Falkenburg, Myriam Gerhard, Gerald Hartung, Jürgen Hübner, Kristian Köchy, Ulrich Krohs, Thomas Potthast, Otto Schäfer, Gregor Schiemann, Magnus Schlette, Reinhard Schulz & Frank Vogelsang (eds.) - 2017 - Tübingen, Germany: Mohr Siebeck / UTB.
    Was ist Natur oder was könnte sie sein? Diese und weitere Fragen sind grundlegend für Naturdenken und -handeln. Das Lehr- und Studienbuch bietet eine historisch-systematische und zugleich praxisbezogene Einführung in die Naturphilosophie mit ihren wichtigsten Begriffen. Es nimmt den pluralen Charakter der Wahrnehmung von Natur in den philosophischen Blick und ist auch zum Selbststudium bestens geeignet.
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  41. added 2017-02-13
    Disertaciones de la Filosofía del Derecho y la Argumentación.Rubén Alberto Duarte Cuadros (ed.) - 2012 - Bogota: Universidad Libre.
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  42. added 2017-01-19
    The Effects of Accepting Lex Iniusta Non Est Lex: A Reply to Hart.Furlong Peter - 2015 - Lex Naturalis 1:01-22.
    In his influential work, The Concept of Law, H. L. A. Hart levels several criticisms at the traditional natural law principle: lex iniusta non est lex. Although some of his criticisms have received a great deal of careful evaluation, others have not. In this paper I will focus on several ways in which Hart attempts to undermine the value of this principle. I will pay particularly close attention to his claims concerning the unfortunate effects that follow from either scholars’ or (...)
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  43. added 2017-01-16
    From Personal Duties Towards Personal Rights: Late Medieval and Early Modern Political Thought, 1300-1600.Arthur P. Monahan. [REVIEW]James M. Blythe - 1996 - Speculum 71 (3):737-739.
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  44. added 2017-01-14
    Reasoning Naturally: A Review of John Keown and Robert P George , Reasons, Morality, and Law: The Philosophy of John Finnis[REVIEW]Claudio Michelon - 2015 - Jurisprudence 6 (1):194-205.
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  45. added 2017-01-14
    Natural Justice: Response to Comments.Ken Binmore - 2006 - Analyse & Kritik 28 (1):111-117.
    The following responses to the scholars who were kind enough to comment on my Natural Justice in this symposium have been kept to a minimum by addressing only issues where I think a misunderstanding may have arisen.
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  46. added 2017-01-14
    Natural Law, 2 Vol., Dir. John Finnis. [REVIEW]C. Cosculuela - 1993 - Archives de Philosophie du Droit 38:342-345.
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  47. added 2017-01-14
    What is Natural?David B. Hausman & Joseph Patrick Kennedy - 1975 - Perspectives in Biology and Medicine 19 (1):92-100.
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  48. added 2016-12-12
    Patriarchal Religion, Sexuality, and Gender: A Critique of New Natural Law.Nicholas Bamforth & David A. J. Richards - 2007 - Cambridge University Press.
    Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within (...)
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  49. added 2016-12-12
    Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment.Knud Haakonssen - 1996 - 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, the book focuses (...)
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  50. added 2016-12-08
    The Indeterminacy Thesis and the Normativity of Practical Reason.R. Mary Hayden Lemmons - 2011 - Proceedings of the American Catholic Philosophical Association 85:265-282.
    This paper argues against the indeterminacy thesis that attempts to defeat traditional natural law by asserting that specific moral norms cannot be based on human nature. As put by Jean Porter (Nature as Reason 2005, 338): “the intelligibilities of human nature underdetermine their forms of expression, and that is why this theory does not yield a comprehensive set of determinate moral norms, compelling to all rational persons.” However, if this were so, one could adopt any morality with impunity from nature’s (...)
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