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Book
x, 445 pages ; 26 cm
  • Historical readings
  • Contemporary natural law
  • Applied natural law.
The Natural Law Reader features a selection of readings in metaphysics, jurisprudence, politics, and ethics that are all related to the classical Natural Law tradition in the modern world. * Features a concise presentation of the natural law position that offers the reader a focal point for discussion of ancient and contemporary ideas in the natural law tradition * Draws upon the metaphysical and ethical categories put forth and developed by Aristotle and Aquinas * Points to the historical significance and contemporary relevance of the Natural Law tradition * Reflects on a revival of interest in the tradition of virtue ethics and human rights.
(source: Nielsen Book Data)9781444333084 20160612
Law Library (Crown)
Book
ix, 176 p. ; 22 cm.
  • Introduction
  • Saint Thomas : putting nature into natural law
  • Maritain and the love for the natural law
  • The new natural law and evolutionary natural law
  • International human rights, natural law, and Locke
  • Conclusion: Evil and the limits of the natural law.
Beginning with Saint Thomas Aquinas and ending with the latest developments in international human rights, Nature and Natural Law brings a fairly traditional interpretation of the natural law to some rather untraditional problems and areas, including evolutionary natural law.
(source: Nielsen Book Data)9780230622791 20160604
Law Library (Crown)
Book
1 online resource (366 pages)
Hobbes, Locke, Hume, and Rousseau are classic modern philosophers, widely consulted in matters of ethics and political theory. In this provocative study David Braybrooke challenges received scholarly opinion by arguing that these canonical theorists took St Thomas Aquinas as their point of reference, reinforcing rather than departing from his natural law theory. The natural law theory of St Thomas Aquinas is essentially a secular theory, says Braybrooke. He argues that Hobbes, Locke, Hume, and Rousseau share a core of thought that not only has roots in St Thomas but offers an alternative to other ethical theories now current. According to Braybrooke, this surviving and reinforced core qualifies as an ethical theory viable by the most sophisticated standards, meeting the main challenges of analytical metaethics, and thus standing up to the scrutiny that any ethical theory must undergo in contemporary philosophical discussions. Braybrooke's study takes the reader into a rich and compelling intellectual universe, one in which medieval natural law theory, widely ignored as obsolete, survives robustly through the modern canon and into the third millennium.
(source: Nielsen Book Data)9780802086440 20181008
Book
xiv, 188 p. ; 24 cm.
  • Introduction-- 1. Natural law jurisprudence formulated-- 2. Natural law jurisprudence defended-- 3. The common good-- 4. The natural law rejection of consent theory-- 5. A constant theory of the authority of law-- 6. The authority of law and legal punishment-- 7. Beneath and beyond the common good.
  • (source: Nielsen Book Data)9780521859301 20160528
Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.
(source: Nielsen Book Data)9780521859301 20160528
Law Library (Crown)
Book
xi, 195 p. ; 23 cm.
Law Library (Crown)
Book
x., 260 p. ; 24 cm.
Green Library
Book
x., 260 p. ; 24 cm.
Law Library (Crown)
Book
xi, 292 p. ; 23 cm.
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.
(source: Nielsen Book Data)9780198241423 20160527
Green Library
Book
xiii, 145 p. : ill. ; 23 cm.
Law Library (Crown)
Book
480 p. ; 24 cm.
SAL3 (off-campus storage)
Book
ix, 218 p. ; 23 cm.
  • 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.
(source: Nielsen Book Data)9780268042110 20160528
Green Library
Book
ix, 458 pages : illustrations ; 24 cm.
  • 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.
(source: Nielsen Book Data)9781107546462 20170814
Law Library (Crown)
Book
viii, 412 pages ; 24 cm.
  • 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.
  • (source: Nielsen Book Data)9783319332154 20161003
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.
(source: Nielsen Book Data)9783319332154 20161003
Law Library (Crown)
Book
xvi, 70 pages ; 23 cm.
  • 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.
  • (source: Nielsen Book Data)9783642326585 20160615
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.
(source: Nielsen Book Data)9783642326585 20160615
Law Library (Crown)
Book
167 p. ; 24 cm.
  • 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.
  • (source: Nielsen Book Data)9780754643135 20160527
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.
(source: Nielsen Book Data)9780754643135 20160527
Law Library (Crown)
Book
viii, 345 p. ; 22 cm.
Law Library (Crown)
Book
xix, 587 p. ; 25 cm.
  • 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.
  • (source: Nielsen Book Data)9781855219854 20160527
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)9781855219854 20160527
Green Library
Book
xix, 587 p. ; 25 cm.
  • 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.
  • (source: Nielsen Book Data)9781855219854 20160527
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)9781855219854 20160527
Law Library (Crown)
Book
343 p. ; 24 cm.
  • 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.
  • (source: Nielsen Book Data)9780198267713 20160528
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.
(source: Nielsen Book Data)9780198267713 20160528
Law Library (Crown)
Book
25 p. ; 24 cm.
SAL3 (off-campus storage)

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