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.

Thomas Hobbes and the Natural Law

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Release : 2018-03-30
Genre : Philosophy
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Book Rating : 046/5 ( reviews)

Thomas Hobbes and 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 Thomas Hobbes and the Natural Law write by Kody W. Cooper. This book was released on 2018-03-30. Thomas Hobbes and the Natural Law available in PDF, EPUB and Kindle. Has Hobbesian moral and political theory been fundamentally misinterpreted by most of his readers? Since the criticism of John Bramhall, Hobbes has generally been regarded as advancing a moral and political theory that is antithetical to classical natural law theory. Kody W. Cooper challenges this traditional interpretation of Hobbes in Thomas Hobbes and the Natural Law. Hobbes affirms two essential theses of classical natural law theory: the capacity of practical reason to grasp intelligible goods or reasons for action and the legally binding character of the practical requirements essential to the pursuit of human flourishing. Hobbes’s novel contribution lies principally in his formulation of a thin theory of the good. This book seeks to prove that Hobbes has more in common with the Aristotelian-Thomistic tradition of natural law philosophy than has been recognized. According to Cooper, Hobbes affirms a realistic philosophy as well as biblical revelation as the ground of his philosophical-theological anthropology and his moral and civil science. In addition, Cooper contends that Hobbes's thought, although transformative in important ways, also has important structural continuities with the Aristotelian-Thomistic tradition of practical reason, theology, social ontology, and law. What emerges from this study is a nuanced assessment of Hobbes’s place in the natural law tradition as a formulator of natural law liberalism. This book will appeal to political theorists and philosophers and be of particular interest to Hobbes scholars and natural law theorists.

The Problem of Natural Law

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Release : 2008
Genre : Law
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Book Rating : 378/5 ( reviews)

The Problem of 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 Problem of Natural Law write by Douglas Kries. This book was released on 2008. The Problem of Natural Law available in PDF, EPUB and Kindle. The Problem of Natural Law examines the understanding of conscience offered by Thomas Aquinas, who provided the classic statement of natural law. The book suggests that natural law theory could be improved by bracketing Thomistic conscience and then shows how a natural law pos...

The Cambridge Companion to Natural Law Ethics

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Release : 2019-11-07
Genre : Philosophy
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Book Rating : 632/5 ( reviews)

The Cambridge Companion to Natural Law Ethics - 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 Cambridge Companion to Natural Law Ethics write by Tom Angier. This book was released on 2019-11-07. The Cambridge Companion to Natural Law Ethics available in PDF, EPUB and Kindle. How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.

Knowing the Natural Law

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Release : 2015-03-26
Genre : Philosophy
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Book Rating : 33X/5 ( reviews)

Knowing 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 Knowing the Natural Law write by Steven J. Jensen. This book was released on 2015-03-26. Knowing the Natural Law available in PDF, EPUB and Kindle. Knowing the Natural Law traces the thought of Aquinas from an understanding of human nature to a knowledge of the human good, from there to an account of ought-statements, and finally to choice, which issues in human actions. The much discussed article on the precepts of the natural law (I-II, 94, 2) provides the framework for a natural law rooted in human nature and in speculative knowledge. Practical knowledge is itself threefold: potentially practical knowledge, virtually practical knowledge, and fully practical knowledge.