Natural Law and the Nature of Law

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Release : 2019-04-25
Genre : History
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Book Rating : 302/5 ( reviews)

Natural Law and the Nature of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Natural Law and the Nature of Law write by Jonathan Crowe. This book was released on 2019-04-25. Natural Law and the Nature of Law available in PDF, EPUB and Kindle. Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.

Natural Law in Court

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Release : 2015-06-08
Genre : Law
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Book Rating : 615/5 ( reviews)

Natural Law in Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Natural Law in Court write by R. H. Helmholz. This book was released on 2015-06-08. Natural Law in Court available in PDF, EPUB and Kindle. The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

Natural Law, Laws of Nature, Natural Rights

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Release : 2005-09-22
Genre : Philosophy
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Book Rating : 655/5 ( reviews)

Natural Law, Laws of Nature, Natural Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Natural Law, Laws of Nature, Natural Rights write by Francis Oakley. This book was released on 2005-09-22. Natural Law, Laws of Nature, Natural Rights available in PDF, EPUB and Kindle. Choice Outstanding Academic Title 2006 The existence and grounding of human or natural rights is a heavily contested issue today, not only in the West but in the debates raging between "fundamentalists" and "liberals" or "modernists in the Islamic world. So, too, are the revised versions of natural law espoused by thinkers such as John Finnis and Robert George. This book focuses on three bodies of theory that developed between the thirteenth and seventeenth centuries: (1) the foundational belief in the existence of a moral/juridical natural law, embodying universal norms of right and wrong and accessible to natural human reason; (2) the understanding of (scientific) uniformities of nature as divinely imposed laws, which rose to prominence in the seventeenth century; and (3), finally, the notion that individuals are bearers of inalienable natural or human rights. While seen today as distinct bodies of theory often locked in mutual conflict, they grew up inextricably intertwines. The book argues that they cannot be properly understood if taken each in isolation from the others.

The Natural Law

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Release : 1998
Genre : Law
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Book Rating : 615/5 ( reviews)

The Natural Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Natural Law write by Heinrich Albert Rommen. This book was released on 1998. The Natural Law available in PDF, EPUB and Kindle. 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.

Aristotle and Natural Law

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Release : 2011-10-27
Genre : Philosophy
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Book Rating : 169/5 ( reviews)

Aristotle and Natural Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Aristotle and Natural Law write by Tony Burns. This book was released on 2011-10-27. Aristotle and Natural Law available in PDF, EPUB and Kindle. Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.