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 and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history. (shrink)
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 (...) class='Hi'>natural 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)
In this paper I explore Peter van Inwagen’s conception of miracles and the implications of this conception for the viability of his version of the natural law defense. I argue that given his account of miraculous divine action and its parallel to free human action, it is implausible to think that God did not prevent natural evil in our world for the reasons van Inwagen proposes. I conclude by suggesting that on the grounds he provides for “epistemic humility” (...) about modal claims and value judgments “unrelated to the concerns of everyday life,” the theist should simply embrace skeptical theism and not further attempt to construct a defense of God’s permission of evil. (shrink)
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 (...) the NNL. The first aspect is its distinctive version of the planning theory of intention, in which adopting the 'first-person perspective' of an agent is a sufficient, and not merely necessary, condition for determining the nature of his intentional action; this planning theory rests upon an implicitly Cartesian conception of human behavior, in which behavior chosen by an agent has no intrinsic “intentionalness” apart from what he confers upon it as part of his plan. The second aspect is the NNL's distinctive account of basic human goods' incommensurability, according to which there is no common factor shared by basic human goods that allows them to be comparatively ranked in any way that directs practical deliberation. -/- The entailments of these two aspects of the NNL, we argue, amount to a reductio ad absurdum. Pace the proponents of the NNL account, we sketch an alternative hylomorphic conception of intentional action that avoids untoward moral implications by grounding human agency in the exercise of basic powers that are either (a) essential constituents of human nature or (b) acquired through participation in social practices. This conception of intentional action provides a stronger foundation for natural law theory. (shrink)
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, (...) which can be revoked and replaced with a new order of laws. In the case of ethical natural law God promulgated the Decalogue, for example; in the case of nature, there are physical laws that can be known by induction. Scotus exalts the freedom of God and the mutability of ethical natural law in order to explain exceptions to it disclosed by revelation (for example, the Old Testament command to Abraham to kill Isaac). Yet he treats ethical natural laws as (mostly) not universal and immutable. In contrast, he holds that we can arrive at knowledge of the universal and immutable laws of nature, except for those regularities that result from free will. Finally, I present several ways of characterising this tension between Scotus’ doctrines. (shrink)
The author discusses natural law reasoning, from the 1960s in the context of Pope Paul VI’s Humanae vitae, to recent cultural and intellectual currents and their influence on the tradition. The challenges that have skewed acceptance of a common human nature and the existence of natural law are addressed. The author shows how the debate on contraception initiated this challenge against natural law reasoning and led to a more evolutive concept of human nature. Attention is drawn to (...) a need for natural law theorists trained in both modern science and Thomistic philosophy to engage the different scientific fields to clarify, adapt, rethink, and even modify the natural law language in accord with the latest discoveries compatitible with evolutionary findings. (shrink)
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 (...) account will emerge the structure of law and the metaphysics of justice. I shall explore those aspects of Cyberspace which cause geography to be problematic for Positive Law Theory and show how these are essential, unavoidable and beneficial. I will then apply Aquinas’s structure of law and metaphysics of justice to these characteristics. From this will emerge an alternative approach to cyberlaw which has no problem with the nature of Cyberspace as it is but treats it as a positive foundation for new legal developments. (shrink)
Introduction to the Scientific Proof of the Natural Moral Law -/- This paper proves that Aquinas has a means of demonstrating and deriving both moral goodness and the natural moral law from human nature alone. Aquinas scientifically proves the existence of the natural moral law as the natural rule of human operations from human nature alone. The distinction between moral goodness and transcendental goodness is affirmed. This provides the intellectual tools to refute the G.E. Moore (Principles (...) of Ethics) attack against the natural law as committing a "naturalistic fallacy". This article proves that instead Moore commits the fallacy of equivocation between moral goodness and transcendental goodness in his very assertion of a "naturalistic fallacy" by the proponents of the natural moral law. In the process the new deontological/kantian theory of natural law as articulated by John Finnis, Robert George, and Germain Grisez is false historically and philosophically. Ethical naturalism is affirmed as a result. (shrink)
Grotius's notion of natural law is, as he himself makes clear, founded upon two demands of nature, which are to be connected with what is now known as the Stoic doctrine of appropriation. However, Grotius's understanding of the notion of natural law as a set of rules is not Stoic, but rather goes back to an interpretation that can be ascribed to Antiochus of Ascalon. By moving away from the Stoics Grotius could not only easily accommodate the Aristotelian (...) doctrine of equity, otherwise rejected by the Stoics, but he could also formulate a minimalistic interpretation of human dispositions or 'rights', in contrast to the Stoics' maximalistic understanding of these dispositions as virtues. (shrink)
In this paper, I attempt to defend an older, non-normative approach to Hobbes's philosophy. I argue, against recent theories that maintain Hobbes's philosophy contains a normative theory of human behavior “which prescribes proper or morally permissible modes of action both within civil society and outside it”, that Hobbesian natural right and natural law are not normative postulates of a moral theory of political obligation but, rather, were considered by Hobbes to be, in the case of natural right, (...) empirically verifiable hypotheses about human nature, and in the case of the laws of nature, nothing more than rationally consistent principles of natural self-interest, or the logic of natural right, based on the principles of Hobbes's physics and psychology. (shrink)
Andrew Tooke's 1691 English translation of Samuel Pufendorf's De officio hominis et civis, published as The Whole Duty of Man According to the Law of Nature, brought Pufendorf's manual fo statist natural law into English politics at a moment of temporary equilibrium in the unfinished contest between Crown and Parliament for the rights and powers of sovereignty. Drawing on the authors' re-edition of The Whole Duty of Man, this article describes and analyses a telling instance of how--by translation--the core (...) political terms and concepts of the German natural jurist's 'absolutist' formulary were reshaped for reception in the different political culture of late seventeenth-century England. (shrink)
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 (...) why we are required by practical rationality to respect and not violate key demands generated by the primary goods of persons, especially human life. Important issues that shape the moral quality of an action are explained and analysed: intention/foresight; action/omission; action/consequences; killing/letting die; innocence/non-innocence; person/non-person. Paterson defends the central normative proposition that ‘it is always a serious moral wrong to intentionally kill an innocent human person, whether self or another, notwithstanding any further appeal to consequences or motive’. (shrink)
Batman is allied with modern natural law in the way he relies upon reason to bring about his vision of ‘true justice’, operating as a force external to law. This vision of justice is a protective one, with Batman existing as a guardian—a force for resistance against the corruption of the state and the failures of the legal system. But alongside his rational means, Batman also employs violence as he moves beyond the boundaries of the civilised state into the (...) dark and violent world outside law’s protection. He thus sacrifices his own safety to ensure the safety of others—he is a Dark Knight, a sentinel, fighting the nasty and brutish underworld of criminality in his effort to bring rational order to the world and protect the people of Gotham from criminal harm. This fight for justice is fuelled by a deeply private trauma: the murder of Bruce Wayne’s parents: a private desire for vengeance that Batman transcends. In navigating Batman’s jurisprudential dimensions, we are ultimately reminded that private desires and motivations are enfolded within the public structures of justice. (shrink)
Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which (...) moral assessments may have the nature of judgments and truth qualification (they may be true or false). In the course of application of the constitution, norms of natural-law character and natural-law justification. Since dignity and the essence of freedoms and rights based on dignity are the only inviolable values recognized by the constitution, the arguments of natural law lead to a far-going reinterpretation of constitutional norms. The norm of natural law protecting inviolable values will have precedence in the event of collision with norms protecting other values, also with constitutional norms. Even if such a norm is formulated on the basis of the provisions of the constitution, in fact natural law is given higher rank than elements based only on enacted law. Despite that, reliability of a legally established order does not seem to be radically endangered. -/- Konstytucja RP uznając przyrodzoność i niezbywalność godności oraz uniwersalność niektórych wartości, wprowadza do podstaw całego polskiego systemu prawnego elementy prawnonaturalne, które mogą być wykorzystane w stosowaniu konstytucji. Konstytucyjne uznanie takich elementów ma sens przy założeniu ich poznawalności, stąd istotnym elementem konstytucyjnej koncepcji prawa naturalnego jest uznanie tezy kognitywizmu głoszącej, że oceny moralne mogą mieć charakter sądów i kwalifikację prawdziwościową – mogą być prawdziwe lub fałszywe. W procesie stosowania konstytucji mogą być formułowane normy o charakterze prawnonaturalnym oraz uzasadnienia prawnonaturalne. Ponieważ jedynymi wartościami uznanymi w konstytucji za nienaruszalne jest godność oraz istota wolności i praw, których godność jest źródłem, argumentacja prawnonaturalna może prowadzić do daleko idącej reinterpretacji norm konstytucyjnych. Norma prawnonaturalna chroniąca warunki konieczne poszanowania godności lub istoty wolności i praw będzie miała pierwszeństwo w razie kolizji z normami chroniącymi inne wartości, także z normami konstytucyjnymi. Choć norma taka będzie formułowana na podstawie przepisów konstytucji, to jednak faktycznie prawo naturalne uzyskuje wyższą rangę od elementów opartych jedynie na stanowieniu. Mimo tego bezpieczeństwo prawne nie wydaje się być radykalnie zagrożone. O prawnonaturalnym charakterze normy i uzasadnienia decyduje oparcie w ocenach moralnych, które pretendują do bycia sądami, do bycia prawdziwymi lub fałszywymi. Z punktu widzenia stosowania konstytucji i wymogu intersubiektywnej komunikowalności i kontrolowalności dookreślania treści prawnonaturalnych, dla nadania ocenom charakteru sądów istotny jest kształt procedur i argumentacji prowadzących do tego dookreślenia. Powinny to być procedury i argumentacja typowe dla dyskursu mającego na celu sformułowanie prawdziwych sądów. Maksymalizowana powinna być dyskursywność takich procedur, a podstawą rozstrzygnięcia powinien być, jeśli to tylko możliwe, konsens. Nie mogą być uważane za rozstrzygające argumenty odwołujące się do woli indywidualnej lub zbiorowej, reakcji emocjonalnych, stopnia rozpowszechnienia danej oceny czy do tradycji kulturowej. (shrink)
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.
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.
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.
Size is not always a gauge of significance. The issue that I propose to address here centers on a single clause from the Summa theologiae. But it goes nearly to the heart of St Thomas's teaching on natural law. It concerns the way in which Thomas thinks the human mind comes to understand good and evil. The specific question raised by the clause is the role played in this process by what Thomas calls "natural inclination." This question leads (...) to an even more basic one: what it is, for Thomas, that constitutes a truly intellectual grasp of the good. (shrink)
The extent to which God grounds normativity within natural law theory is analyzed. I examine Hugo Grotius’s understanding of natural law and human nature and show that Grotius makes few explicit metaphysical commitments which makes his view open to development in at least two different ways. Then a Thomistic view of natural law and human nature is developed. It is shown that Grotius’s position could be developed as a proto-new natural law theory, but this leaves it (...) open to powerful objections from Fulvio Di Blasi and other Thomistic philosophers. Finally, I argue that a view can be developed in such a way as to take on certain elements of the Thomistic view, particularly its metaphysics, but still maintain the famous Grotian claim that human nature can establish normativity without God. The key to this is the distinction between the order of knowing and the order of being. (shrink)
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, (...) community and society -- Classical social theory II : Simmel and Weber on the universality of sociability and reasonableness -- Social theory as the natural law of 'artificial' social relations. (shrink)
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 (...) takes up and develops these basic themes of natural law. The author argues further that, rather than being a departure from this tradition, the moral sense theory of Hutcheson and Hume represents a not entirely successful attempt to underpin the natural law theory with an adequate moral psychology. (shrink)
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 (...) as a basic text in European universities throughout the Enlightenment. This edition has a lucid and historically sensitive translation by Michael Silverthorne, the first since the early twentieth century. James Tully's introduction sets the text in its context, summarizes the main arguments, surveys recent literature on Pufendorf, and shows how Pufendorf transformed natural law theory into an independent discipline of juristic political philosophy that dominated reflection on politics until Kant. (shrink)
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 (...) relation between marriage and human flourishing and the morality of same-sex marriage without making marriage infinitely plastic. (shrink)
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.
In _The Priority of Prudence_, Daniel Mark Nelson proposes a reappropriation of a moral perspective that focuses on the cardinal virtues of courage, temperance, justice, and prudence. The study aims to recover and rehabilitate the virtue of prudence as a way of resuming a moral conversation that has been stalemated for too long. Nelson's main source for reviving the virtue of prudence is St. Thomas Aquinas's account of the cardinal virtues in the _Summa Theologica_. A primary problem with using Aquinas (...) as a source for reviving an ethics of virtue centered on prudence is that he is commonly perceived as the most prominent figure in the conflicting natural-law tradition. According to Nelson's reinterpretation, however, Aquinas teaches that moral understanding depends first and foremost on prudence working in accord with other cardinal virtues and that natural law functions to explain moral reasoning rather than to guide it. This study serves to advance the debate about the contemporary relevance of an ethics of virtue by way of its significantly more detailed explication of prudence. Nelson makes important connections between influential reinterpretations of the ethical theory of Aquinas that have been published during the last thirty years and widespread interest in an ethics of virtue that has been expressed by Alasdair Maclntyre, Stanley Hauerwas, William Sullivan, Robert Bellah, and others. _The Priority of Prudence _represents a significant contribution to the scholarly literature both in the study of Aquinas and in the debate on the ethics of virtue. (shrink)
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 (...) of personal autonomy, and the rejection of double effect reasoning. Chapter four engages in the task of pointing out structural weakness in utilitarianism and deontology. The thesis argues that major systemic weaknesses in both approaches can be overcome by a teleology of basic human goods. John Finnis' work becomes the underpinning of subsequent applied natural law analysis. Chapter five proceeds to argue for the defence of the intrinsic good of human life from direct attack. The thesis holds out for the proposition "that it is always a serious moral wrong to intentionally kill a human person, whether self or another, regardless of a further appeal to consequences or motive." In support of this, it defends the validity of double effect reasoning as an indispensable part of applied moral decision making. Chapter six critically assesses the arguments of anti-perfectionists that it is not the business of the state to enforce deep or substantive conceptions of the 'good life.' The chapter moves on to argue that the natural law conception of the person in society, centred on the common good, provides a solid framework for assessing both the justification for, as well as the limits on, the role of the state to use its power to legally impose certain moral standards. Chapter seven addresses the concrete relationship between natural law and legal policy by exploring the issue of assisted suicide in the constitutional context of the United States.
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 is also found (...) in Copp’s work. The idea is captured by the Functionalist Thesis, the thesis that moral propositions are made true by facts about what, given the nature of human beings and their circumstances, enables people to live together in thriving communities. I argue that Copp can accept Braybrooke’s suggestion and use it to improve his formulation of the basic idea of the society-centered theory. RÉSUMÉ : David Braybrooke soutient que l’idée centrale de la théorie du droit naturel de Thomas d’Aquin a survécu dans les œuvres de Hobbes, Locke, Hume et Rousseau. À mon grand étonnement, Braybrooke soutient aussi que la théorie morale société-centrique de David Copp est une version séculaire de cette même théorie du droit naturel. Braybrooke argumente de façon convaincante que les œuvres de ces grands philosophes partagent une idée centrale relative à la moralité et que cette idée se retrouve aussi chez Copp. Cette idée est la Thèse Fonctionnaliste, c’est-à-dire la thèse selon laquelle les faits moraux sont des faits concernant ce qui rend les membres de la société capables de vivre ensemble dans des communautés florissantes, étant donné la nature des êtres humains et les circonstances de leurs vies. Je soutiens que Copp peut reprendre à son compte les arguments de Braybrooke, et ainsi améliorer la formulation de l’idée centrale de sa théorie société-centrique. (shrink)
. Although the pages of Journal of Business Ethics have hosted an ongoing dialogue on the ethics of rhetoric and persuasion, the debates have been unable to account for the underlying morality of the human propensity to engage in rhetorical discourse as a part of living in society. In this paper, I offer natural-law ethical theory as a moral paradigm in which to examine rhetoric. In this context, I assert that rhetoric services reason, which in turn services our dispositions (...) or inclinations that are one ideological foundation of natural-law theory. As rhetoric affects the apprehension of these dispositions it subsumes a related morality in which rhetorical endeavors can be seen as “natural”. So endowed, I believe that this conception of rhetoric offers a number of philosophical and practical implications, one of which is a new way to assess the morality of commercial manifestations of rhetoric such as spin and the use of puffery in advertising. (shrink)
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. The (...) ontological ground is the order of the world, which God established in the process of history. The anthropological ground is the mutuality of human society. The latter two dimensions are related to the epistemological ground, which is based on the hermeneutics of universal history. -/- Pannenberg attempts to combine the law, the gospel, and love in relation to the Kingdom of God. Thus, Pannenberg’s Kingdom ethics is nomological as well as eschatological. (shrink)
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 (...) tangible external goods, this action may have important consequences for other people. Therefore Locke's theory of appropriation is a theory of justice.Locke's solution is made possible by the methodological improvement which allows a clear separation between the natural law and the historical and empirical conditions of its application: this improvement is a consequence of the distinction between modes and substances established in Locke's Essay. (shrink)