Critical Introduction To Natural Law
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Aquinas on Doctrine:
Author | : Thomas Gerard Weinandy |
Publisher | : A&C Black |
Total Pages | : 300 |
Release | : 2004-02-01 |
Genre | : Religion |
ISBN | : 9780567084118 |
This book provides a critical study of the main Christian doctrines as understood and explained by Thomas Aquinas. The whole Thomistic revival of the last century focused almost exclusively on Aquinas as the Christian philosopher. Thus books and articles developed his understanding of being, his epistomology, natural theology, etc. However little has been done, even to this day, by way of examining Aquinas' teaching on the major Christian doctrines. This book of essays by an international team of recognised scholars will help fill this gap. Such a book will be indispensable in every theological library.
Natural Law and Thomistic Juridical Realism
Author | : Petar Popovic |
Publisher | : CUA Press |
Total Pages | : 328 |
Release | : 2022-02-04 |
Genre | : Law |
ISBN | : 0813235502 |
This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.
The Politics of Jurisprudence
Author | : Roger B. M. Cotterrell |
Publisher | : University of Pennsylvania Press |
Total Pages | : 300 |
Release | : 1992 |
Genre | : Law |
ISBN | : 9780812213935 |
Selected byChoice magazine as an Outstanding Academic Title
Aristotle and Natural Law
Author | : Tony Burns |
Publisher | : Bloomsbury Publishing |
Total Pages | : 225 |
Release | : 2011-10-27 |
Genre | : Philosophy |
ISBN | : 1441107169 |
Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.
What is Law?
Author | : Javier Hervada |
Publisher | : |
Total Pages | : 175 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9782891279109 |
The Unnecessary Science
Author | : Gunther Laird |
Publisher | : |
Total Pages | : 376 |
Release | : 2020-07-24 |
Genre | : Law |
ISBN | : 9780993510267 |
Philosophy of Law: A Very Short Introduction
Author | : Raymond Wacks |
Publisher | : OUP Oxford |
Total Pages | : 169 |
Release | : 2014-02-27 |
Genre | : Law |
ISBN | : 0191510637 |
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
A Guide to Critical Legal Studies
Author | : Mark Kelman |
Publisher | : Harvard University Press |
Total Pages | : 374 |
Release | : 1987 |
Genre | : Law |
ISBN | : 9780674367562 |
Much writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.