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Jonathan Crowe [17]Jonathan George Crowe [1]Jonathan G. Crowe [1]
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Profile: Jonathan Crowe (Bond University)
  1.  86
    Natural Law Beyond Finnis.Jonathan Crowe - 2011 - Jurisprudence 2 (2):293-308.
    The natural law tradition in ethics and jurisprudence has undergone a revival in recent years, sparked by the work of John Finnis and the 'new natural law theorists' in the early 1980s. The ensuing decades have seen the emergence of an increasingly rich body of natural law scholarship, but this diversification has gone unnoticed by many outside the field. This article seeks to clarify the relationship between the core claims of the new natural law outlook and the more specific views (...)
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  2. Levinas on Shared Ethical Judgments.Jonathan Crowe - 2011 - Journal of the British Society for Phenomenology 42 (3):233-242.
  3.  97
    Dworkin on the Value of Integrity.Jonathan Crowe - unknown
    This article explores and critiques Ronald Dworkin's arguments on the value of integrity in law. Dworkin presents integrity in both legislation and adjudication as holding inherent political value. I defend an alternative theory of the value of integrity, according to which integrity holds instrumental value as part of a legal framework that seeks to realise a particular set of basic values taken to underpin the legal system as a whole. It is argued that this instrumental-value theory explains the value of (...)
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  4.  12
    Explaining Natural Rights: Ontological Freedom and the Foundations of Political Discourse.Jonathan Crowe - unknown
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  5.  36
    Existentialism and Natural Law.Jonathan Crowe - 2005 - Adelaide Law Review 26:55-72.
    This paper explores methodological connections between the existentialist and natural law traditions, with particular emphasis on the writings of Jean-Paul Sartre and John Finnis. Existentialist approaches to phenomenology hold promise in illuminating the epistemological foundations of natural law accounts, especially those emphasising human self-fulfilment through practical choice. Some methodological challenges common to projects in the fields of existentialist ethics and natural law are discussed. It is suggested that an existentialist perspective holds potential in reinforcing contemporary natural law responses to the (...)
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  6.  60
    Is an Existentialist Ethics Possible?Jonathan Crowe - 2004 - Philosophy Now 47 (Aug/Sept):29-30.
    Philosophers continue to be sceptical about the possibility of constructing an existentialist ethical theory. This article explores two of the main reasons for this scepticism and draws on Jean-Paul Sartre's "Existentialism and Humanism" to suggest that there is a way around them.
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  7. Levinasian Ethics and the Concept of Law.Jonathan Crowe - 2009 - In Desmond Manderson (ed.), Essays on Levinas and Law: A Mosaic. Palgrave-Macmillan.
  8.  13
    Levinasian Ethics and Legal Obligation.Jonathan Crowe - 2006 - Ratio Juris 19 (4):421-433.
    This paper discusses the implications of the ethical theory of Emmanuel Levinas for theoretical debates about legal obligation. I begin by examining the structure of moral reasoning in light of Levinas's account of ethics, looking particularly at the role of the third party (le tiers) in modifying Levinas's primary ethical structure of the face to face relation. I then argue that the primordial role of ethical experience in social discourse, as emphasised by Levinas, undermines theories, such as that of H. (...)
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  9.  4
    Natural Law in Jurisprudence and Politics.Jonathan Crowe - 2007 - Oxford Journal of Legal Studies 27 (4):775-794.
  10.  6
    Natural Law Theories.Jonathan Crowe - 2016 - Philosophy Compass 11 (2):91-101.
    This article considers natural law perspectives on the nature of law. Natural law theories are united by what Mark Murphy calls the natural law thesis: law is necessarily a rational standard for conduct. The natural law position comes in strong and weak versions: the strong view holds that a rational defect in a norm renders it legally invalid, while the weak view holds that a rational defect in a legal norm renders it legally defective. The article explores the motivations for (...)
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  11.  6
    Natural Law and Normative Inclinations.Jonathan Crowe - 2015 - Ratio Juris 28 (1):52-67.
    Natural law ethics holds that practical rationality consists in engaging in non-defective ways with a range of fundamental goods. These basic goods are characteristically presented as reflecting the natural properties of humans, but the details of this picture vary widely. This article argues that natural law ethics can usefully be understood as a type of dispositional theory of value, which identifies the basic goods with those objectives that humans are characteristically disposed to pursue and value for their own sake. Natural (...)
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  12.  15
    Reinterpreting Government Neutrality.Jonathan Crowe - 2004 - Australian Journal of Legal Philosophy 29:118-139.
    The principle of government neutrality, as commonly understood, enshrines the idea that government bodies ought to treat all citizens equally. I argue that the traditional interpretation of this principle in liberal constitutionalism has involved a prohibition against legal actors distinguishing between subjects on the basis of their personal characteristics. This approach is unsatisfactory, as it constrains the law's ability to respond to evolved social practices of discrimination. To illustrate this point, I draw on the writings of Jean-François Lyotard and recent (...)
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  13.  15
    The Problem of Legitimacy in Mediation.Jonathan Crowe & Rachael Field - 2008 - Contemporary Issues in Law 9:48-60.
    Mediation is becoming more and more prominent as a mode of legal dispute resolution. The problem of legitimacy in mediation raises the question of why mediation is legitimate as a means of settling social disputes. This issue mirrors a long-running and deep-seated problem of legitimacy in law generally. We argue that the most promising strategy for justifying the normative force of law - namely, that law provides a mutually beneficial mechanism of social coordination - does not translate straightforwardly to the (...)
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  14.  3
    Law as Memory.Constance Lee & Jonathan Crowe - 2015 - Law and Critique 26 (3):251-266.
    This article explores the claim that law is characteristically in search of the past. We argue that the structure of memory defines our relationship with the past and this relationship, in turn, has important implications for the nature of law. The article begins by examining the structure of memory, drawing particularly on the work of Henri Bergson. It then draws out the implications of Bergson’s theory for the interplay of past and present, highlighting the challenges this poses for law’s project (...)
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  15.  7
    Barden Garrett , and Murphy Tim . Law and Justice in Community . Oxford: Oxford University Press, 2010. Pp. 330. $100.00 (Cloth). [REVIEW]Jonathan Crowe - 2012 - Ethics 122 (2):394-398.
  16.  8
    Self and Other in Ethics and Law: A Comment on Manderson.Jonathan Crowe - 2008 - Australian Journal of Legal Philosophy 33:145-151.
  17.  3
    Clarifying the Natural Law Thesis.Jonathan Crowe - 2012 - Australian Journal of Legal Philosophy 37:159-181.
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  18. Review of Marinos Diamantides (Ed), Levinas, Law, Politics. [REVIEW]Jonathan G. Crowe - 2008 - Australian Journal of Legal Philosophy 33:196-198.