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The Natural Law

Author: Heinrich Albert Rommen
Publisher:
ISBN: 9780865971615
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Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Beginning with the legacies of Greek and Roman life and thought, Rommen traces the natural law tradition to its displacement by legal positivism and concludes with what the author calls "the reappearance" of natural law thought in more recent times. In seven chapters each Rommen explores "The History of the Idea of Natural Law" and "The Philosophy and Content of the Natural Law." In his introduction, Russell Hittinger places Rommen's work in the context of contemporary debate on the relevance of natural law to philosophical inquiry and constitutional interpretation. Heinrich Rommen (1897–1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa.

Natural Law

Author: Alexander Passerin d'Entreves
Publisher: Routledge
ISBN: 1351503499
Size: 73.32 MB
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This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules.In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians.Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study.—Mitchell Muncy, The University Bookman

Routledge Encyclopedia Of Philosophy Index

Author: Edward Craig
Publisher: Taylor & Francis
ISBN: 9780415187152
Size: 34.85 MB
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Review: "Depth and breadth of coverage, clarity of presentation, impressive bibliographies, excellent use of cross references, and an extensive index combine to make this an impressive reference work. The contributors have addressed both current and past scholarship on world philosophy and religion and have produced a worthy successor to Macmillan's 1967 Encyclopedia of Philosophy. It will be read and understood by the educated public as well as scholars and will be a fine addition to academic and large public library reference collections."--"Outstanding Reference Sources : the 1999 Selection Sources Committee, RUSA, ALA

Biblical Natural Law

Author: Matthew Levering
Publisher: OUP Oxford
ISBN: 0191538663
Size: 75.35 MB
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Natural law theory is controversial today because it presumes that there is a stable 'human nature' that is subject to a 'law.' How do we know that 'human nature' is stable and not ever-evolving? How can we expect 'law' not to constrict human freedom and potential? Furthermore if there is a 'law,' there must be a lawgiver. Matthew Levering argues that natural law theory makes sense only within a broader worldview, and that the Bible sketches both such a persuasive worldview and an account of natural law that offers an exciting portrait of the moral life. To establish the relevance of biblical readings to the wider philosophical debate on natural law, this study offers an overview of modern natural law theories from Cicero to Nietzsche, which reverse the biblical portrait by placing human beings at the center of the moral universe. Whereas the biblical portrait of natural law is other-directed, ordered to self-giving love, the modern accounts turn inward upon the self. Drawing on the thought of St. Thomas Aquinas, Levering employs theological and philosophical investigation to achieve a contemporary doctrine of natural law that accords with the biblical witness to a loving Creator who draws human beings to share in the divine life. This book provides both an introduction to natural law theory and a compelling challenge to re-think current biblical scholarship on the topic.

A Treatise Of Legal Philosophy And General Jurisprudence

Author: Enrico Pattaro
Publisher: Springer Science & Business Media
ISBN: 9400714793
Size: 57.35 MB
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A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.

Justice And Morality

Author: Dr Amanda Russell Beattie
Publisher: Ashgate Publishing, Ltd.
ISBN: 140949957X
Size: 14.33 MB
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Bridging the contending theories of natural law and international relations, this book proposes a 'relational ontology' as the basis for rethinking our approach to international politics. Amanda Beattie challenges both the conventional interpretation of natural law as necessarily and intractably theological, and the dominant conception of international relations as structurally distinct from the ends of human good, in order to recover the centrality of other-directed agency to the promotion of human development. Offering an important contribution to the study of international political thought, the book contains a number of challenging and controversial ideas which should provoke constructive debate within international relations theory, political theory, and philosophical ethics.

The Position Of The Individual In International Law According To Grotius And Vattel

Author: Peter Pavel Remec
Publisher: Springer Science & Business Media
ISBN: 9401510156
Size: 22.93 MB
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According to democratic theory the state is for man not man for the state. This theory has been implemented by bills of rights in many national constitutions giving the individual a legal opportunity to redress abuses by his state. In Federal Consti tutions, however, difficulties have been faced when central au thority seeks to enforce the standards of the constitution against the legislation and customs of the constituent states. The latter habitually resist, proclaiming the virtues of horne rule and local self-govemment, also supported by democratic theory. Thus the opposition of man versus the state develops into a double op position of man versus the state and the state versus the super state. To what extent should the super-state take the part of man demanding respect for human rights, or of the state demand ing self-govemment, when the two conflict? The failure to solve this problem precipitated the American Civil War and continues to agitate American politics. Should the human right of equal educational opportunities prevail over the "State's Right" of autonomy in the organization of its schools? The same problem appears in more virulent form in the efforts of the United Nations to "promote respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion" without "intervening in matters which are essentially within the domestic jurisdiction of any state.

God And The Natural Law

Author: Fulvio Di Blasi
Publisher: St Augustine PressInc
ISBN: 9781587313516
Size: 34.22 MB
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Translation of: Dio e la legge naturale: una rilettura di Tommaso d'Aquino.