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The philosopher John Locke (1632-1704) used this work to explain his theory on how natural law is known and to what extent it is binding. This volume also contains an introduction which aims to shed light on Locke's thought and literary career, and a critical exposition of the argument of the "Essays", with a discussion of their place in the history of thought. The text also includes Locke's valedictory speech as Censor of Moral Philosophy at Christ Church, Oxford, and transcripts of his philosophical writings in shorthand.
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• Introduction / Thomas S. Engeman
• Founder of the natural rights republic / Michael P. Zuckert
• Thomas Jefferson and republicanism / Jean Yarbrough
• Eclectic synthesis : Jesus, Aristotle, and Locke / Garrett Ward Sheldon
• Rhetoric of democracy / Robert Dawidoff
• Mythologies of a founder / Robert Booth Fowler
• Economics : the agrarian republic / Joyce Appleby
• Natural rights and scientific racism / James W. Ceaser
• Response / Michael P. Zuckert.

A collection of late 20th-century scholarship devoted to Thomas Jefferson as a politician, writer, philosopher, Christian and economist.
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• Preface
• Introduction
• Normative inclinations
• Theorising human goods
• Acting for reasons
• The common good
• Rights and freedoms
• The role of the state
• The natural law thesis
• Law as an artifact kind
• The function of law
• Law without authority
• Contextual interpretation
• The value of integrity
• Conclusion.

This book provides the first systematic, book-length defence of natural law ideas in ethics, politics and jurisprudence since John Finnis's influential Natural Law and Natural Rights. Incorporating insights from recent work in ethical, legal and social theory, it presents a robust and original account of the natural law tradition, challenging common perceptions of natural law as a set of timeless standards imposed on humans from above. Natural law, Jonathan Crowe argues, is objective and normative, but nonetheless historically extended, socially embodied and dependent on contingent facts about human nature. It reflects the ongoing human quest to work out how best to live flourishing lives, given the natures we have and the social environments we inhabit. The nature and purpose of law can only be adequately understood within this wider context of value. Timely, wide-ranging and clearly written, this volume will appeal to those working in law, philosophy and religious studies.
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• The natural law outlook / Jonathan Crowe and Constance Youngwon Lee
• Aristotle as natural law theorist / George Duke
• Stoic natural law as right reason / Anna Taitslin
• St. Augustine on natural law / Richard Dougherty
• God, Aquinas and natural law theory : the question of natural kinds / Anthony J. Lisska
• John Calvin's natural law theory constance / Constance Youngwon Lee
• Some modern conceptions of natural law / Terence Irwin
• Natural law in Judaism / Jonathan A. Jacobs
• Natural law in Islam from theological and legal perspectives / Nadirsyah Hosen
• Natural law in Confucianism / Norman P. Ho
• Natural law and biblical law / Jonathan Burnside
• Natural law and reformed theology / David VanDrunen
• Black natural law / Vincent Lloyd
• Luce Irigaray on women and natural law / Catherine Carol
• Incommensurable goods / Gary Chartier and Jere L. Fox
• Virtue and natural law / Amalia Amaya
• Natural law and imagination / Yannick Imbert
• Intelligibility, practical reason and the common good / Jonathan Crowe
• Natural law and natural justice : a Thomistic perspective / Tim Murphy
• Natural law and physics : the state of nature / Michael Detmold
• Natural law, the common good and the state / Gary Chartier and Jere L. Fox
• Natural law and federalism / Nicholas Aroney
• The principle of subsidiarity / Augusto Zimmermann
• Natural law and constitutional reasoning / Eoin Carolan
• The nature of law / Jonathan Crowe

This thought-provoking Research Handbook provides a comprehensive overview of current research on natural law theory in ethics, politics and law, demonstrating the rigour and versatility of the tradition and offering an up-to-date picture of these ideas in the 21st century. Featuring contributions from leading international scholars in disciplines from law and government to philosophy and religious studies, the Handbook explores both the philosophical foundations of natural law thinking and its practical implications for law, politics and governance. Chapters showcase the breadth and diversity of contemporary natural law thought, going beyond the dominant Catholic and Thomist perspectives to investigate natural law ideas in a variety of religious and cultural traditions, such as Judaism, Islam and Confucianism, as well as African American and feminist theory. The Research Handbook on Natural Law Theory will prove an invaluable resource for scholars and students of law, legal theory, philosophy, politics and government, as well as theology and religious studies, who wish to engage with current thinking on natural law and its relevance to their fields. Legal practitioners and experts in public policy will also find its varied perspectives useful.
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• Introduction / George Duke and Robert P. George
• Aquinas and natural law jurisprudence / John Finnis
• Natural law, God and human dignity / Robert P. George
• Early modern natural law theories / Knud Haakonssen
• Metaphysical foundations of natural law theories / Jonathan Crowe
• Natural law, basic goods, and practical reason / Christopher Tollefsen
• Practical reason in the context of law / Veronica Rodriguez-Blanco
• Hume, virtue and natural law / Thomas Pink
• Natural law reasoning in applied ethics / Jacqueline Laing
• Law as an idea we live by / N.E. Simmonds
• The moral impact theory, the dependence view, and natural law / Mark Greenberg
• The ideal dimension of law / Robert Alexy
• Two unhappy dilemmas for natural law jurisprudence / Mark C. Murphy
• The common good / George Duke
• Natural law theory and constitutionalism / Gerard V. Bradley
• Opening the doors of inquiry : Lon Fuller and the natural law tradition / Kristen Rundle.

This collection provides an intellectually rigorous and accessible overview of key topics in contemporary natural law jurisprudence, an influential yet frequently misunderstood branch of legal philosophy. It fills a gap in the existing literature by bringing together leading international experts on natural law theory to provide perspectives on some of the most pressing issues pertaining to the nature and moral foundations of law. Themes covered include the history of the natural law tradition, the natural law account of practical reason, normativity and ethics, natural law approaches to legal obligation and authority and constitutional law. Creating a dialogue between leading figures in natural law thought, the Companion is an ideal introduction to the main commitments of natural law jurisprudence, whilst also offering a concise summary of developments in current scholarship for more advanced readers.
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• Foreword-- Luc J. Wintgens.- 1 On the "Legisprudential Turn" in Judicial Review: An Introduction-- A. Daniel Oliver-Lalana and Klaus Messerschmidt.- Part I. Judicial Review, Democracy, and Legislation Theory.- 2 Constitutional Courts and Democracy. Facets of an Ambivalent Relationship-- Gertrude Lube-Wolff.- 3 Paths towards Better Legislation, Detours and Dead-ends: An Appraisal of Consultation with Independent Experts, Justifications for Legislation, Impact Assessments and Controls of Efficacy-- Helmuth Schulze-FielitzPart.- II. Judicial Review of Legislative Rationality and Justification.- 4 Rationality Requirements on Parliamentary Legislation under a Democratic Rule of Law-- Bernd Grzeszick.- 5 The Generality of the Law. The Law as a Necessary Guarantor of Freedom, Equality and Democracy, and the Differentiated Role of the Federal Constitutional Court as a Watchdog-- Gregor Kirchhof.- 6 On Constitutional Duties to Give Reasons for Legislative Acts-- Christian Waldhoff.- Part III. Judicial Review of Legislative Consistency and Systematicity.- 7 The Obligation of Consistency in Lawmaking. Using the Example of the Ban on the Private Sale of Public Lottery Tickets and its Review by the Federal Constitutional Court-- Christian Bumke.- Inconsistent Legislation-- Matthias Rossi.- 9 Judicial Review of Tax Laws: The Coherence Requirement-- Roland Ismer.- Part IV. Judicial Review of Legislative Facts and Impacts.- 10 Legislative Margins of Appreciation as the Result of Rational Lawmaking-- Christian Bickenbach.- 11 Due Post-Legislative Process? On the Lawmakers' Constitutional Duties of Monitoring and Revision-- A. Daniel Oliver-Lalana.- 12 Efficacy, Effectiveness, Efficiency - From Judicial to Managerial Rationality-- Ulrich Karpen.- 13 Symbolic Legislation under Judicial Control-- Angelika Siehr.- Part V. Legislative Balancing, Proportionality, and Process Review.- 14 Rational Lawmaking, Proportionality and Balancing-- Jan Sieckmann.- 15 The Procedural Review of Legislation and the Substantive Review of Legislation - Opponents or Allies?-- Klaus Messerschmidt.- Index.- About the Authors.
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This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court's approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers' duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on 'legisprudence under review', this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.
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• Introduction. Part I Foundations: Goethe's Swan.- The contributions of the paradigm "Natural Law".- Sterility of Natural Law theoricism.- From the side of positivism.- Part II New Visions Old Questions: Contemporary Natural Law dialogues.- What Natural Law is, what it is not.- Legacies and achievements of Iusnaturalism.- Avatars of Natural Law. Natural Law in different colours.- Conclusion.
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For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real one(s). It seeks to understand not only the usual adversaries of natural law (like legalists, positivists and historicists) but also its further enemies, the inner enemies of natural law, such as internal aporias, political and ideological manipulations, etc. The book puts forward a reasoned and balanced examination of this treasure of western political and juridical though. And, if we look at it another way, natural law is by no means a loser in our times: because it lives in modern human rights.
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• Introduction-- Hume and natural facts-- Kant and natural facts-- Early natural law: the fusion of fact and value-- Early natural law: principles if practical reason-- New and traditional natural law: epistemological comparisons-- Natural law's contribution to normativity and law-- Bibliography-- Index.
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Drawing on Natural Law theory, this volume argues that moral meaning resides in very basic, essential, natural facts about our existence as human beings. The author demonstrates the validity of this belief, its significance for normativity and illustrates how early natural lawyers implicitly suggested a sophisticated and largely successful reason-based solution to Hume's 'is/ought' problem. The work provides a new approach to Natural Law theory which addresses the problematic reliance on 'essential' facts. "A Natural Approach to Normativity" presents an original perspective on new natural law theory and will be of interest to academics in philosophy of law/moral philosophy, natural law theorists, and students of jurisprudence internationally.
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• Grotius: the impious hypothesis - a paradox in Hugo Grotius? M.B. Crowe-- Hugo Grotius and the history of political thought, Knud Haakonssen-- Grotius on scepticism and self-interest, Robert Shaver-- Grotius, Carneades and Hobbes, Richard Tuck. Selden: an eccentric 17th century witness to Natural Law - John Selden (1584-1654), M. B. Crowe-- John Selden, the Law of Nature, and the origins of government, Johann P. Sommerville. Pufendorf: Pufendorf, sociality and the modern state, Craig L. Carr, Michael J. Seidler-- Pufendorf and the correlativity theory of rights, Thomas Mautner-- Samuel Pufendorf - obligation as the basis of the state, Michael Nutkiewicz-- Pufendorf's place in the history of ethics, Jerome B. Scneewind. Leibniz: the early development of Leibniz's concept of justice, Robert J. Mulvaney-- divine justice in Leibniz, Robert J. Mulvaney. Cumberland: the place of Richard Cumberland in the history of Natural Law, Murray Forsyth-- voluntarism and the origins of utilitarianism, J. B. Schneewind. Thomasius: the 'practical philosophy' of Christian Thomasius, F.M. Barnard-- Fraternity and citizenship - two ethics of mutuality in Christian Thomasius, F.M. Barnard-- on Christian Thomasius and his alleged offspring, the' German enlightment', Robert Spaeting. Barbeyrac: conscience and reason - the Natural Law theory of Jean Barneyrac, Tim Hochstrasser. Vattel: Vattel's doctrine of the state, Frederick G. Whelan. Rousseau: Rousseau's Pufendorf, Robert Wokler. Kant: Kant and Natural Law ethics, J.B. Schneewind. Other natural law theories: the source of the "Encyclopedie Article, Anthony Burns-- Johann August Schlettwein and the Economic Faculty at the University of Gieben, Diethelm Klippel-- political philosophers and the trouble with polygamy - patriarchal reasoning in modern Natural Law, Ursula Vogel.
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This is a collection of essays ranging from "Pufendorf, Sociality and the Modern State" by Craig L. Carr and Michael Seidler, to "Conscience and Reason: The Natural Law Theory of Jean Barbeyrac" by Tim Hochstrasser.
(source: Nielsen Book Data)

• Grotius: the impious hypothesis - a paradox in Hugo Grotius? M.B. Crowe-- Hugo Grotius and the history of political thought, Knud Haakonssen-- Grotius on scepticism and self-interest, Robert Shaver-- Grotius, Carneades and Hobbes, Richard Tuck. Selden: an eccentric 17th century witness to Natural Law - John Selden (1584-1654), M. B. Crowe-- John Selden, the Law of Nature, and the origins of government, Johann P. Sommerville. Pufendorf: Pufendorf, sociality and the modern state, Craig L. Carr, Michael J. Seidler-- Pufendorf and the correlativity theory of rights, Thomas Mautner-- Samuel Pufendorf - obligation as the basis of the state, Michael Nutkiewicz-- Pufendorf's place in the history of ethics, Jerome B. Scneewind. Leibniz: the early development of Leibniz's concept of justice, Robert J. Mulvaney-- divine justice in Leibniz, Robert J. Mulvaney. Cumberland: the place of Richard Cumberland in the history of Natural Law, Murray Forsyth-- voluntarism and the origins of utilitarianism, J. B. Schneewind. Thomasius: the 'practical philosophy' of Christian Thomasius, F.M. Barnard-- Fraternity and citizenship - two ethics of mutuality in Christian Thomasius, F.M. Barnard-- on Christian Thomasius and his alleged offspring, the' German enlightment', Robert Spaeting. Barbeyrac: conscience and reason - the Natural Law theory of Jean Barneyrac, Tim Hochstrasser. Vattel: Vattel's doctrine of the state, Frederick G. Whelan. Rousseau: Rousseau's Pufendorf, Robert Wokler. Kant: Kant and Natural Law ethics, J.B. Schneewind. Other natural law theories: the source of the "Encyclopedie Article, Anthony Burns-- Johann August Schlettwein and the Economic Faculty at the University of Gieben, Diethelm Klippel-- political philosophers and the trouble with polygamy - patriarchal reasoning in modern Natural Law, Ursula Vogel.
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This is a collection of essays ranging from "Pufendorf, Sociality and the Modern State" by Craig L. Carr and Michael Seidler, to "Conscience and Reason: The Natural Law Theory of Jean Barbeyrac" by Tim Hochstrasser.
(source: Nielsen Book Data)

• Introduction--
• PART 1 THEORETICAL ISSUES--
• 1. A Defense of the New Natural Law Theory--
• 2. Recent Criticism of Natural Law Theory--
• 3. Natural Law and Human Nature--
• 4. Does the Incommensurabiltiy Thesis Imperil Common Sense Moral Judgements?-- 5 Natural Law and Positive Law-- 6 Free Choice, Practical Reason and Fitness for the Rule of Law--
• PART 2 MORAL AND POLITICAL QUESTIONS--
• 7. Religious Liberty and Political Morality--
• 8. Marriage and the Liberal Imagination--
• 9. What Sex Can Be: Alienation, Illusion, or One-Flesh Union--
• 11. Public Reason and Political Conflict: Abortion and Homosexual Acts--
• 12. Natural Law and International Order--
• PART 3 DIALECTICAL ENGAGEMENT--
• 13. Moral Particularism, Thomism, and Traditions--
• 14. Hu man Flourishing as a Criterion of Morality: A Critique of Percy's Naturalism--
• 15. Nature, Morality and Homosexuality--
• 16. Can Sex be Reasonable?--
• 17. Moralistic Liberalism and Legal Moralism--
• 18. Law, Democracy, and Moral Disagreement-- Index.
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In Making Men Moral, his 1995 book, George questioned the central doctrines of liberal jurisprudence and political theory. In his new work he extends his critique of liberalism, and also goes beyond it to show how contemporary natural law theory provides a superior way of thinking about basic problems of justice and political morality. It is written with the same combination of stylistic elegance and analytical rigour that distinguished his critical work. Not content merely to defend natural law from its cultural despisers; he deftly turns the tables and deploys the idea to mount a stunning attack on regnant liberal beliefs about such issues as abortion, sexuality, and the place of religion in public life. Students as well as scholars in law, political science, and philosophy will find George's arguments stimulating, challenging, and compelling.
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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 the seven chapters 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.
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• Robert P. George: Introduction-- I: Natural Law, Practical Reasoning, and Morality:Joseph Boyle: Natural law and the ethics of traditions-- Robert P. George: Natural Law and human nature-- Russell Hittinger: Natural law and virtue: Theories at cross-purposes-- Jeffrey Stout: Truth, natural law, and ethical theory-- II: Natural Law and Legal Theory: Neil MacCormick: Natural law and the separation of law and morals-- John Finnis: Natural law and legal reasoning-- Jeremy Waldron: The irrelevance of moral objectivity-- Michael Moore: Law as a functional kind-- III: Natural Law, Justice, and Rights: Hadley Arkes: That 'Nature herself has placed in our ears a power of judging': Some reflections on the 'Naturalism' of Cicero-- Lloyd Weinreb: Natural law and rights-- IV: Legal Formalism and Legal Rationality: Joseph Raz: Formalism and the rule of law-- Ernest Weinrib: Why legal formalism?
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Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines, including law, philosophy, political science, and theology and religious studies. This volume presents 12 original essays by leading natural law theorists and their critics. The contributors give consideration to natural law theories of law and legal reasoning, the rule of law, politics, and morality. Readers will get a clear sense of the wide diversity of viewpoints represented among contemporary theorists, and an opportunity to evaluate the arguments and counterarguments exchanged in the current debates between natural law theorists and their critics.
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