This paper presents an extension of Putnam's account of how substance terms such as ‘water’ and ‘gold’ function and of how a posteriori necessary truths concerning the underlying microstructures of such kinds may be derived. The paper has three aims. I aim to refute a familiar criticism of Putnam's account: that it presupposes what Salmon calls an ‘irredeemably metaphysical, and philosophically controversial, theory of essentialism’. I show how all of the details of Putnam's account—including those that Salmon believes smuggle (...) in such essentialist commitments—can be squared with a rejection of any such essentialist metaphysics. I aim to reveal why Steward is wrong to suppose that, by helping himself to the claim that ‘H2O’ is a rigid designator of a substance, Kripke, too, presupposes something controversially ‘metaphysical’. I aim to show how my proposed account also sidesteps a variety of objections raised by Needham and others who argue that Kripke's and Putnam's accounts of how ‘water’ and.. (shrink)

Law's article begins by restating the classical ANT position that objects do not exist `in themselves' but are the effect of a performative stabilization of relational networks. In addition, these material enactments inevitably have a spatial dimension; they simultaneously establish spatial conditions for objectual identity, continuity, and difference. Space must not be reified as a natural, pre-existing container of the social and the material, but is itself a performance. Moreover, there are multiple forms of spatiality beyond the Euclidean space (...) of regions, and objects may exist and achieve homeomorphism within several different spatial systems. Technologies such as the Zimbabwe Bush Pump present a fluid object which is able to exist and cohere without the presence of fixed boundaries or the permanence of a particular functional definition. The network logic, however, which gravitates towards stability and functionality, tends to exclude and silence this spatial Other. An alternative political ontology is needed which goes beyond the reification of network space in order to give voice to the fluid objects which escape its unidimensional functionality. (shrink)

This chapter contains section titled: Aquinas's Theory of Natural Law The Meaning of the Natural Law Thesis Natural Law Theory and Legal Positivism Defending the Natural Law Thesis Note References.

This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human (...) sociability and reason, fostering a new methodology in German philosophy. This book assesses the first histories of political thought since ancient times, giving insights into the nature and influence of debate within eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, Natural Law Theories in the Early Enlightenment will be of great interest to scholars in history, political thought, law and philosophy. Natural Law Theories in the Early Enlightenment has been selected as the winner of the annual Morris D. Forkosch Prize for the best book in intellectual history published in 2000. (shrink)

This book offers the first sustained jurisprudential inquiry into Islamic natural law theory. It introduces readers to the central figures in the Islamic natural law tradition and their canonical works, analyses the historical development of Islamic jurisprudence and explains the major contrasts with Western traditions of natural law.

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 twelve original essays by leading natural law theorists and their critics. The contributors discuss natural law theories of morality, law and legal reasoning, politics, and the rule of law. Readers 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. Contributors include Hadley Arkes, Joseph M. Boyle, Jr., John Finnis, Robert P. George, Russell Hittinger, Neil MacCormick, Michael Moore, Jeffrey Stout, Joseph Raz, Jeremy Waldron, Lloyd Weinreb, and Ernest Weinrib. (shrink)

Classical natural law theory derives moral conclusions from the essentialist and teleological understanding of nature enshrined in classical metaphysics. The paper argues that this understanding of nature is as defensible today as it was in the days of Plato, Aristotle, Augustine, and Aquinas. It then shows how a natural law theory of the grounds and content of our moral obligations follows from this understanding of nature, and how a doctrine of natural rights follows in turn (...) from the theory of natural law. With this background in place, the implications of the theory for questions about property rights and taxation are explored. It is argued that classical natural law theory entails the existence of a natural right of private property, and that this right is neither so strong as to support laissez faire libertarianism, nor so weak as to allow for socialism. Though the theory leaves much of the middle ground between these extremes open to empirical rather than moral evaluation, it is argued that there is a strong natural law presumption against social democratic policies and in favor of free enterprise. (shrink)

In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of (...) this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory. (shrink)

New natural lawyers--notably Grisez, Finnis, and George--have written much on civil marriage's moral boundaries and grounds, but with slight influence. The peripheral place of the new natural law theory (NNLT) results from the marital grounds they suggest and the exclusionary moral conclusions they draw from them. However, I argue a more authentic and attractive NNLT account of marriage is recoverable through overlooked resources within the theory itself: friendship and moral self-constitution. This reconstructed account allows us to (...) identify the relation between marriage and human flourishing and the morality of same-sex marriage without making marriage infinitely plastic. (shrink)

This chapter contains sections titled: Traditional Natural Law Theory Modern Natural Law Theory Conclusion References.

This article considers natural law perspectives on the nature of law. Natural law theories are united by what Mark Murphy calls the natural law thesis: law is necessarily a rational standard for conduct. The natural law position comes in strong and weak versions: the strong view holds that a rational defect in a norm renders it legally invalid, while the weak view holds that a rational defect in a legal norm renders it legally defective. The article (...) explores the motivations for the natural law position, before considering three lines of natural law argument found in the literature. I conclude by examining the arguments offered by John Finnis and Murphy in support of the weak natural law view. I suggest that these arguments fail to impugn the strong natural law thesis. Indeed, the functional argument outlined by Murphy provides a plausible route to a hybrid natural law view that incorporates both weak and strong claims. (shrink)

This essay examines two dominant traditions in legal philosophy, the natural law theory and legal positivism, in terms of how they account for the normativity of law. I argue that, although these two traditions generally take the question of the normativity of law seriously and try to account for it, they are not successful in doing so. This failure in the prevailing literature on the philosophy of law, I suggest, nevertheless has an implicit reconstructive impact: the insights into (...) the failure of natural law theory and legal positivism imply an alternative philosophical framework that may provide a positive answer to the question of the normativity of law. (shrink)

Johannes Althusius, a German legal theorist and political thinker in the early 1600s, attempts in his Politica to create a chain of increasingly large communal associations that could constitute a universally applicable political order. He founds this system on a natural law theory of behavioral guidelines. Many elements of his body of work, from its federalist structure to the granting of a right of sovereignty to the people, bear marks of an early connection to modern Western thought meriting (...) further exploration. Upon close inspection, the natural law theory at play in Politica also contains oddities and inconsistencies worthy of note. His Theory of Justice, a work on law and ethics, contains a similar theory with slight yet significant variations at the core level. Ultimately owed to weaknesses in the derivation of duties to self and a lack of evidence for the reasoning of the hierarchy of duties to others in Politica, the Theory of Justice model, though not without its own internal inconsistencies in the moral authority of positive law, is found to present a more philosophically sound model. (shrink)

Abstract. For the past two decades, I have been developing an integrative Christian marriage theory, based in part on a grounding concept of natural law and an overarching theory of covenant. The natural law part of this theory starts with an account of the natural facts, conditions, interests, needs, and qualities of human life, interaction, and generation—what I call the “premoral” goods or realities of life. It then identifies the natural inclinations of humans (...) to form enduring and exclusive monogamous marriages and to preserve these units as the central site for intimacy, procreation, and nurture of children. In this paper, I first summarize this natural law theory of marriage and then compare it to the formulations of other modern Christian thinkers. I also defend this theory against various modern critics of natural law—in part by reinterpreting some traditional natural law teachings that in my view have been misunderstood, in part by looking at the interesting convergences between the insights into sex, marriage, and family life offered by contemporary Christian theological ethicists and by evolutionary biologists and biological anthropologists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 40.1 (2002) 126-127 [Access article in PDF] Book Review Natural Law Theories in the Early Enlightenment T. J. Hochstrasser. Natural Law Theories in the Early Enlightenment. New York: Cambridge University Press, 2000. Pp. xiii + 246. Cloth, $54.95. In a worthy addition to Cambridge's Ideas in Context series, T. J. Hochstrasser undertakes an excavation. His aim is to provide a description, (...) and to demonstrate the importance within the German Frühaufklärung, of a largely forgotten philosophical approach: eclecticism. Hochstrasser argues that the triumph of Wolffian rationalism in the Protestant universities in the middle of the eighteenth century occluded the importance of eclecticism for Kant, who in turn occluded it for everyone afterward. But the price of forgetting eclecticism is high. Not only are we left with no account--or a skewed account--of the development of German thought from the first stirrings of the Enlightenment to the emergence of the Critical philosophy, but our understanding of the development of the historiography of philosophy is badly compromised. For among their many accomplishments--in natural jurisprudence, in university reform--the eclectics were the first critical historians of philosophy, their distinctive genres being historically aware treatises on natural law and Whig histories of natural jurisprudence. Hochstrasser's study traces the development of eclecticism, from the work of its founders, Samuel Pufendorf and Christian Thomasius, through a devolution in the hands of Thomasius's later disciples, to the eventual oblivion in the middle of the eighteenth century. This review will focus on the beginning of this narrative, as Pufendorf is the leading figure in the book.Eclecticism began with Pufendorf's attempt, in his mature work on natural law, to reconcile his conflicting inheritances from Grotius and Hobbes without simply endorsing the work of either. He was impressed both by Grotius's explanation of the law of nations in terms of human sociability--but also by Hobbes's criticisms of Grotius, rooted in the latter's analysis of the state of nature. At the same time, he wished to reject Grotius's method of induction from sociological observation and Hobbes's minimally constrained voluntarism. Contributing further to his perplexity was his increasing disaffection from the geometric approach he had adopted in his Elementa Jurisprudentiae Universalis.The way out of this impasse, Hochstrasser contends, was revealed to Pufendorf in correspondence with Hermann Conring, the leading constitutional lawyer of his time, and Johann Böcler, Grotius's most erudite commentator. Böcler chastised Pufendorf for his neglect of history, and both of Pufendorf's correspondents pointed out his need for some non-Hobbesian criterion by which he could validate his first principles, whatever they turned out to be. Stung particularly by Böcler's remarks, Pufendorf returned to the Stoics and there discovered a via media between Hobbes's pessimism and Grotius's optimism: a synthesis anticipating Kant's doctrine of "unsocial sociability." For the purposes of Hochstrasser's study, the key aspects of Pufendorf's solution are these: first, it avoids mere voluntarism; second, it does this by means of a moral epistemology that sharply distinguishes natural law [End Page 126] from moral theology; finally, the validating criterion for Pufendorf's first principles is located in critical appropriation of the history of moral philosophy. These were to be hallmarks of Pufendorf's school.On the first and second points, Hochstrasser seems to me substantively correct, though I think he misunderstands the nature of Pufendorf's escape from mere voluntarism and thereby underplays the religious dimensions of Pufendorf's theory. Among recent Anglo-American commentators on Pufendorf, only Robert Adams has in my view properly construed Pufendorf's thought: that it involves a command theory of obligation proper, but posits the natural advantageousness of some hierarchies as a buttress against mere voluntarism. Hochstrasser is thus right to insist, against Leibniz, that Pufendorf's account of obligation is coherent. But he is wrong to suggest that "there was nothing in Pufendorf's theory... to oblige him to introduce fear of punishment by a superior... " (105). He is... (shrink)

To cut a convincing figure again in jurisprudence — which is my present field of concern— natural law theory, by which I mean and shall mean throughout, traditional natural law theory, basically the theory of St.Thomas, must be made convincing again in ethics.

To cut a convincing figure again in jurisprudence — which is my present field of concern— natural law theory, by which I mean and shall mean throughout, traditional natural law theory, basically the theory of St.Thomas, must be made convincing again in ethics.

The past in which theory of this kind had its origins is notably similar to the present. For this is theory–practical theory–which articulates a critique of critiques, and the critiques it criticizes, rejects and replaces have much in common whether one looks at them in their fifth century B.C. Hellenic (Sophistic) or their modern (Enlightenment, Nietzschean or postmodern) forms.

Some critics question new natural law theorists’ conception of the common good of the political community, namely, their interpretation of St. Thomas Aquinas and the conclusion that the political common good is primarily instrumental rather than intrinsic and transcendent. Contrary to these objections, the common good of the political community is primarily instrumental. It aims chiefly at securing the conditions for human flourishing. Its unique ability to use the law to bring about justice and peace and promote virtue in (...) individuals may make the common good of the political community critically important. Nevertheless, it is still not an intrinsic aspect of human flourishing. Unlike the family or a religious group, membership in a political community is not an end in itself. (shrink)

Language & Logic -- Glossary -- Aristotle's syllogisms -- Russell's paradox & Frege's logicism -- profile: Aristotle -- Russell's theory of description -- Frege's puzzle -- Gödel's theorem -- Epimenides' liar paradox -- Eubulides' heap -- Science & Epistemology -- Glossary -- I think therefore I am -- Gettier's counter example -- profile: Karl Popper -- The brain in a vat -- Hume's problem of induction -- Goodman's gruesome riddle -- Popper's conjectures & refutations -- Kuhn's scientific revolutions -- (...) Mind & Metaphysics -- Glossary -- Descartes mind-body problem -- Brentano's intentionality -- Fodor's language of thought -- Parfit's persons -- profile: René Descartes -- Chalmer's zombies -- Zeno's paradoxes -- Kant's left hand -- Theseus' ship -- Laplace's demon, determinism, & free will -- Ryle's ghost in the machine -- Ethics & Political Philosophy -- Glossary -- Aristotle's ethics -- States of nature and the social contract -- Kant's categorical imperative -- profile: Immanuel Kant -- Mill's utilitarianism -- Marx's historical materialism -- The trolley problem -- Religion -- Glossary -- Aquinas' five ways -- Anselm's ontological argument -- profile: Thomas Aquinas -- Epicurus' riddle -- Paley's watchmaker -- Pascal's wager -- Hume against miracles -- Grand Moments -- Glossary -- Socrates' method -- Plato's cave -- Aristotle's four causes -- Lucretius' atomism -- profile: Ludwig Wittgenstein -- Berkeley's idealism -- Kant's synthetic a priori -- Hegel's dialectic -- James' pragmatism -- Moore's common sense -- Wittgenstein's picture theory of language -- Continental Philosophy -- Glossary -- Nietzsche's Superman -- profile: Friedrich Nietzsche -- Derrida's deconstruction -- Heidegger's nothing -- Sartre's bad faith. (shrink)

This paper argues for the superiority of natural law theory over consent -based approaches to sexual morality. I begin by criticizing the “consenting adults” sexual ethic that is dominant in contemporary Western culture. I then argue that natural law theory provides a better account of sexual morality. In particular, I will defend the “perverted faculty argument”, according to which it is immoral to use one’s bodily faculties contrary to their proper end.

In a series of essays published from the late 1920s up to the mid-1960s, Hans Kelsen carried out a radical critique of natural law theory. The present paper purports to provide an analytical reconstruction and critical assessment of such a critique. It contains two parts. Part one surveys the fundamentals of Kelsen’s argumentative strategy against natural law and its theorists. Part two considers, in turn, two critical reactions to Kelsen’s criticisms: by Edgar Bodenheimer, on behalf of traditional (...) natural law theory; by Robert P. George, on behalf of “the new natural law theory”. As the analysis suggests, Kelsen’s critique stands up to the criticisms. (shrink)

This book focusses on conceptual shifts in the successive formulations of natural law theory by Aquinas, Suárez, Grotius, Pufendorf, and Finnis, and reveals the accumulation of problems, inherent in natural law and theory, which ultimately led to its demise.

We present a model of similarity‐based retrieval that attempts to capture three seemingly contradictory psychological phenomena: (a) structural commonalities are weighed more heavily than surface commonalities in similarity judgments for items in working memory; (b) in retrieval, superficial similarity is more important than structural similarity; and yet (c) purely structural (analogical) remindings e sometimes experienced. Our model, MAC/FAC, explains these phenomena in terms of a two‐stage process. The first stage uses a computationally cheap, non‐structural matcher to filter candidate long‐term memory (...) items. It uses content vectors, a redundant encoding of structured representations whose dot product estimates how well the corresponding structural representations will match. The second stage uses SME (structure‐mapping engine) to compute structural matches on the handful of items found by the first stage. We show the utility of the MAC/FAC model through a series of computational experiments: (a) We demonstrate that MAC/FAC can model patterns of access found in psychological data; (b) we argue via sensitivity analyses that these simulation results rely on the theory; and (c) we compare the performance of MAC/FAC with ARCS, an alternate model of similarity‐based retrieval, and demonstrate that MAC/FAC explains the data better than ARCS. Finally, we discuss limitations and possible extensions of the model, relationships with other recent retrieval models, and place MAC/FAC in the context of other recent work on the nature of similarity. (shrink)

This chapter contains section titled: Continental and Noncontinental Perspectives The English Perspective: The Rejection of Natural Law and Natural Rights The Continental Perspective: Kant on Natural Law and Natural Right The Continental Perspective: The Critique of Natural Right and Natural Law The Revival of Natural Law: The Thomistic Perspective The Transformation of Natural Law: Stammler's Doctrine of the Social Ideal Natural Law as a Worldview: Radbruch's Theory of Law and Justice (...) Conclusion References Further Reading. (shrink)

This thought-provoking Research Handbook provides a snapshot of current research on natural law theory in ethics, politics and law, showcasing the breadth and diversity of contemporary natural law thought. The Research Handbook on Natural Law Theory examines topics such as foundational figures in Western natural law theory, natural law ideas in a variety of religious and cultural traditions, normative foundations of natural law, as well as issues of law and governance. Featuring (...) contributions by leading international scholars, this Research Handbook offers a valuable resource for scholars in law, philosophy, religious studies and related fields. (shrink)

The study of natural law theories is presently one of the most fruitful areas of research in the studies of early modern intellectual history, and moral and political theory. Likewise the historical significance of the Enlightenment for the development of `modernisation' in many different forms continues to be the subject of controversy. This collection therefore offers a timely opportunity to re-examine both the coherence of the concept of an `early Enlightenment', and the specific contribution of natural law (...) theories to its formation. The works of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius are reassessed, and the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside - such as in the Huguenot diaspora - is evaluated. This volume will therefore be of importance to all those readers concerned to study the character of the debates in the period 1650-1750 surrounding moral and political agency, sovereignty and obligation, and the legitimation of religious toleration in the divergent states and patriotic contexts of Europe. (shrink)

New natural law theory holds that the basic moral principles are prescriptions to pursue the goods to which our nature orients us. Since God is the author of our nature and intelligence, these moral principles are part of his plan for creation. These principles can be known prior to knowing that God exists and prior to knowing that they are in fact directives from him. Nevertheless, since God’s plan includes our active cooperation, morally good acts cooperate with God’s (...) providence, and morally bad acts substitute one’s subjective preference for God’s truth. Thus natural law principles direct us to a unified ultimate end, namely, the fulfillment of God’s plan. Therefore God and our relationship with him have a central place in NNLT. (shrink)

I propose and defend a new combination of natural law ethics and virtue epistemology. While all contemporary natural law theories recognize knowledge as one of the basic human goods, none of them provide a detailed explanation for the value of knowledge, which would greatly enrich such theories. I show that virtue epistemology is able to deliver the required solution to the value problem, which makes this combination project very attractive. I also address two major worries about this approach: (...) it commits one to a type of virtue ethics that is incompatible with natural law theory; and it results in a fragmented, pluralistic account of normativity. I attempt to alleviate both worries, arguing that the first is unfounded and the second, while true, is not a genuine cause for concern because the combination of natural law ethics and virtue epistemology is more unified than it may appear. (shrink)

Chapter one argues for the important contribution that a natural law based framework can make towards an analysis and assessment of key controversies surrounding the practices of suicide, assisted suicide, and voluntary euthanasia. The second chapter considers a number of historical contributions to the debate. The third chapter takes up the modern context of ideas that have increasingly come to the fore in shaping the 'push' for reform. Particular areas focused upon include the value of human life, the value (...) of personal autonomy, and the rejection of double effect reasoning. Chapter four engages in the task of pointing out structural weakness in utilitarianism and deontology. The thesis argues that major systemic weaknesses in both approaches can be overcome by a teleology of basic human goods. John Finnis' work becomes the underpinning of subsequent applied natural law analysis. Chapter five proceeds to argue for the defence of the intrinsic good of human life from direct attack. The thesis holds out for the proposition "that it is always a serious moral wrong to intentionally kill a human person, whether self or another, regardless of a further appeal to consequences or motive." In support of this, it defends the validity of double effect reasoning as an indispensable part of applied moral decision making. Chapter six critically assesses the arguments of anti-perfectionists that it is not the business of the state to enforce deep or substantive conceptions of the 'good life.' The chapter moves on to argue that the natural law conception of the person in society, centred on the common good, provides a solid framework for assessing both the justification for, as well as the limits on, the role of the state to use its power to legally impose certain moral standards. Chapter seven addresses the concrete relationship between natural law and legal policy by exploring the issue of assisted suicide in the constitutional context of the United States.















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In this book, Buckle provides a historical perspective on the political philosophies of Locke and Hume, arguing that there are continuities in the development of seventeenth and eighteenth-century political theory which have often gone unrecognized. He begins with a detailed exposition of Grotius's and Pufendorf's modern natural law theory, focussing on their accounts of the nature of natural law, human sociability, the development of forms of property, and the question of slavery. He then shows that Locke's (...) political theory takes up and develops these basic themes of natural law. The author argues further that, rather than being a departure from this tradition, the moral sense theory of Hutcheson and Hume represents a not entirely successful attempt to underpin the natural law theory with an adequate moral psychology. (shrink)

I discuss three tiers of technological innovation: mild innovation, or the acceleration by technology of a human activity aimed at a good; moderate innovation, or the obviation by technology of an activity aimed at a good; and radical innovation, or the altering by technology of the human condition so as to change what counts as a good. I argue that it is impossible to morally assess proposed innovations within any of these three tiers unless we rehabilitate a natural-law ethical (...) framework. And I offer some moral starting points within such a framework, in connection with innovations of each of the three types. (shrink)