Results for 'natural law theory'

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  1. Natural Law Theory: Contemporary Essays.N. MacCormick & Natural Law - 1992 - In Robert P. George (ed.), Natural law theory: contemporary essays. New York: Oxford University Press.
  2. Ethical Theory.”.Natural Law Truth - 1992 - In Robert P. George (ed.), Natural law theory: contemporary essays. New York: Oxford University Press.
     
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  3. Natural law theory.Mark C. Murphy - 2004 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 15--28.
    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.
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  4. Natural law theory: contemporary essays.Robert P. George (ed.) - 1992 - New York: Oxford University Press.
    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 (...)
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  5.  89
    Natural law theories in the early Enlightenment.T. J. Hochstrasser - 2000 - New York: Cambridge University Press.
    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 (...)
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  6. Natural Law Theory.Tom Angier - 2021 - Cambridge University Press.
    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 (...)
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  7.  24
    Islamic Natural Law Theories.Anver M. Emon - 2010 - Oxford University Press.
    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.
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  8. New Natural Law Theory and the Grounds of Marriage.Joshua D. Goldstein - 2011 - Social Theory and Practice 37 (3):461-482.
    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 (...)
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  9. Classical natural law theory, property rights, and taxation.Edward Feser - 2010 - Social Philosophy and Policy 27 (1):21-52.
    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 (...)
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  10.  14
    Natural Law Theory.Brian Bix - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 209–227.
    This chapter contains sections titled: Traditional Natural Law Theory Modern Natural Law Theory Conclusion References.
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  11.  40
    Kelsen on Natural Law Theory. An Enduring Critical Affair.Pierluigi Chiassoni - 2014 - Revus 23.
    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 (...)
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  12. Natural Law Theories.Jonathan Crowe - 2016 - Philosophy Compass 11 (2):91-101.
    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 (...)
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  13.  29
    New Natural Law Theory and the Common Good of the Political Community.Daniel Mark - 2019 - The National Catholic Bioethics Quarterly 19 (2):293-303.
    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 (...)
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    Natural Law Theory, Legal Positivism, and the Normativity of Law.Mehmet Ruhi Demiray - 2015 - The European Legacy 20 (8):807-826.
    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 (...)
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  15. Natural law theories.John Finnis - unknown - Stanford Encyclopedia of Philosophy.
  16.  99
    A natural law theory of marriage.Don S. Browning - 2011 - Zygon 46 (3):733-760.
    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 (...)
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  17.  10
    Superior Natural Law Theory in the Works of Johannes Althusius.Alison Vaughan - forthcoming - Dianoia The Undergraduate Philosophy Journal of Boston College.
    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 (...)
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  18. Is Natural Law Theory Compatible with Limited Government?John Finnis - 1996 - In Robert P. George (ed.), Natural law, liberalism, and morality: contemporary essays. New York: Oxford University Press.
     
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  19.  29
    The disintegration of natural law theory: Aquinas to Finnis.Pauline C. Westerman - 1998 - New York: Brill.
    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.
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  20. Consenting Adults, Sex, and Natural Law Theory.Timothy Hsiao - 2016 - Philosophia 44 (2):1-21.
    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.
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  21. Natural Law Theory: Contemporary Essays ed. by Robert P. George.Thomas A. Fay - 1995 - The Thomist 59 (1):146-152.
    In lieu of an abstract, here is a brief excerpt of the content:146 BOOK REVIEWS Natural Law Theory: Contemporary Essays. Edited by ROBERT P. GEORGE. Oxford: Clarendon Press, 1992. Pp. 371. $39.95 (cloth). As the editor of this volume, Robert P. George points out in his foreword that this hook is yet another manifestation of the renewed and growing interest in natural law theory. But why this recent increased interest in natural law theory? What (...)
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  22. Natural law theory.Brian Bix - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell.
  23. Natural Law Theory.Knud Haakonssen - 1992 - In Lawrence C. Becker & Charlotte B. Becker (eds.), The Encyclopedia of Ethics. New York: Garland Publishing.
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  24.  25
    Research Handbook on Natural Law Theory.Jonathan Crowe & Constance Youngwon Lee (eds.) - 2019 - Northampton, MA: Edward Elgar Publishing.
    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 (...)
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    Natural Law Theories in the Early Enlightenment (review).Benjamin J. Bruxvoort Lipscomb - 2002 - Journal of the History of Philosophy 40 (1):126-127.
    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, (...)
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  26.  17
    Natural Law Theory: The Link Between Its Descriptive Strength and Its Prescriptive Strength.David Braybrooke - 1990 - Canadian Journal of Philosophy 20 (sup1):389-418.
    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.
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    Natural Law Theory: The Link Between Its Descriptive Strength and Its Prescriptive Strength.David Braybrooke - 1990 - Canadian Journal of Philosophy, Supplementary Volume 16:389-418.
    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.
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  28.  15
    Protestant natural law theory: a general interpretation.K. Haakonssen - unknown
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  29.  63
    New natural law theory and foundational sexual ethical principles: A critique and a proposal.Todd A. Salzman & Michael G. Lawler - 2006 - Heythrop Journal 47 (2):182–205.
  30. Natural Law Theory: Contemporary Essays.Robert P. George - 1998 - Philosophical Quarterly 48 (190):115-117.
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  31.  69
    Early Modern Natural Law Theories: Contexts and Strategies in Early Enlightenment.T. J. Hochstrasser & Peter Schröder (eds.) - 2003 - Kluwer Academic Publishers.
    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 (...)
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  32.  7
    Natural Law Theory, Liberalism and the Fact-Value Gap.Peter Tumulty - 1988 - Philosophie Et Culture: Actes du XVIIe Congrès Mondial de Philosophie 3:486-492.
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  33.  35
    Natural Law Theory.David Braybrooke - 1990 - Canadian Journal of Philosophy 20 (Supplement):389-418.
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  34. Natural law theory and constitutionalism.Gerard V. Bradley - 2017 - In George Duke & Robert P. George (eds.), The Cambridge companion to natural law jurisprudence. New York: Cambridge University Press.
     
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  35. Natural law and the theory of property: Grotius to Hume.Stephen Buckle - 1991 - New York: Oxford University Press.
    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 (...)
  36.  6
    Pragmatic Natural Law Theory.Vincent L. Luizzi - unknown
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  37.  60
    God and New Natural Law Theory.Patrick Lee - 2019 - The National Catholic Bioethics Quarterly 19 (2):279-291.
    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 (...)
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    Hierarchies of basic goods and sins according to Aquinas’ natural law theory.Lingchang Gui - 2022 - HTS Theological Studies 78 (4):6.
    Aquinas’ natural law theory contains a set of basic goods, such as survival, reproduction and the pursuit of truth. However, whether and how there is a hierarchical relationship among these goods remains disputed. Given the importance of Aquinas’ natural law theory for Christianity and the philosophy of law, this issue merits a closer investigation. By carefully examining various modern scholars’ theories and Aquinas’ texts, it is demonstrated that according to Aquinas, firstly, there are hierarchies of basic (...)
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  39. Feminism & Natural Law Theory: Irreconcilable Differences?Nancy Snow - 2003 - Vera Lex 4 (1/2):5-22.
  40.  55
    Natural Law theory: Its past and its present.John Finnis - 2012 - American Journal of Jurisprudence 57 (1):81-101.
    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.
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  41.  15
    Continental perspectives on natural law theory and legal positivism.Jes Bjarup - 2004 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 287--299.
    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 (...)
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  42. Contemporary natural law theory.Anthony J. Lisska - 2010 - In John Skorupski (ed.), The Routledge Companion to Ethics. Routledge.
     
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  43.  9
    In Search of Common Ground: How Can Eastern Orthodox Theology Develop a Natural Law Theory?Angelos Mavropoulos - 2024 - Studies in Christian Ethics 37 (2):248-263.
    While natural law theory plays an important role for Catholic moral theology, it is true that Orthodox ethics has not endeavoured to develop its own theory of natural law. This article demonstrates the existence of the concept of natural law in Eastern Orthodox theology and argues that the main reason for this neglect is Eastern Christianity's traditional focus on faith rather than reason. In addition, the author, based on biblical and patristic grounds, highlights the necessity (...)
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    The natural law foundations of modern social theory: a quest for universalism.Daniel Chernilo - 2013 - New York: Cambridge University Press.
    Contemporary social theory and natural law : Jurgen Habermas -- A natural-law critique of modern social theory : Karl Lowith, Leo Strauss and Eric Voegelin -- Natural law and the question of universalism -- Modern natural law I : Hobbes and Rousseau on the state of nature and social life -- Modern natural law II : Kant and Hegel on proceduralism and ethical life -- Classical social theory I : Marx, Tonnies and (...)
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  45.  6
    Natural Law Theory in Wolff’s Ethics.Seong Hoon Kim - 2020 - Journal of the Society of Philosophical Studies 61:99-126.
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  46. The Contribution of Natural Law Theory to Moral and Legal Debate Concerning Suicide, Assisted Suicide and Euthanasia.Craig Paterson - 2001 - Universal Publishers.
    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 (...)
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  47. On Thomas Hobbes's Fallible Natural Law Theory.Michael Cuffaro - 2011 - History of Philosophy Quarterly 28 (2):175-190.
    It is not clear, on the face of it, whether Thomas Hobbes's legal philosophy should be considered to be an early example of legal positivism or continuous with the natural-law tradition. On the one hand, Hobbes's command theory of law seems characteristically positivistic. On the other hand, his conception of the "law of nature," as binding on both sovereign and subject, seems to point more naturally toward a natural-law reading of his philosophy. Yet despite this seeming ambiguity, (...)
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  48.  45
    A Natural Fit: Natural Law Theory, Virtue Epistemology, and the Value of Knowledge.Matthew Shea - 2017 - Journal of Philosophical Research 42:45-63.
    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: (...)
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    Natural Law and Practical Rationality.Mark C. Murphy - 2001 - Cambridge University Press.
    Natural law theory has been undergoing a revival, especially in political philosophy and jurisprudence. Yet, most fundamentally, natural law theory is not a political theory, but a moral theory, or more accurately a theory of practical rationality. According to the natural law account of practical rationality, the basic reasons for actions are basic goods that are grounded in the nature of human beings. Practical rationality aims to identify and characterize reasons for action (...)
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  50.  15
    Natural law ethics in theory and practice: a Joseph Boyle reader.Joseph M. Boyle - 2020 - Washington, D.C: The Catholic University of America Press. Edited by John J. Liptay, Christopher Tollefsen & Robert P. George.
    This volume presents a selection of previously published essays by Joseph Boyle, a crucial contributor to 20th century Catholic moral philosophy through his development of the New Classical Natural Law Theory.
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