The Goodness Of Rights And The Juridical Domain Of The Good Essays In Thomistic Juridical Realism
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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.
Author | : Petar Popovic |
Publisher | : |
Total Pages | : 440 |
Release | : 2021 |
Genre | : Philosophy |
ISBN | : 9788883339653 |
Author | : Burazin, Luka |
Publisher | : Edward Elgar Publishing |
Total Pages | : 245 |
Release | : 2022-08-12 |
Genre | : Law |
ISBN | : 180088592X |
This thought-provoking book develops and elaborates on the artifact theory of law, covering a wide range of related theoretical and practical topics. Featuring international contributions from both noted and up-and-coming scholars in law and philosophy, it offers a range of perspectives that flesh out the artifact theory of law, it also introduces criticisms of previous formulations of the theory and inquires into its potential payoffs.
Author | : Petar Popović |
Publisher | : |
Total Pages | : 328 |
Release | : 2022 |
Genre | : Law |
ISBN | : 9780813235516 |
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.
Author | : Andrew Forsyth |
Publisher | : Cambridge University Press |
Total Pages | : 173 |
Release | : 2019-04-11 |
Genre | : Law |
ISBN | : 110847697X |
Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Author | : George Duke |
Publisher | : Cambridge University Press |
Total Pages | : 469 |
Release | : 2017-06-16 |
Genre | : Law |
ISBN | : 1107120519 |
This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.
Author | : Reginald Garrigou-Lagrange |
Publisher | : |
Total Pages | : |
Release | : 2016-08-26 |
Genre | : |
ISBN | : 9781635489903 |
Reginald Garrigou-Lagrange was one of the most prominent thomistic neoscholastic theologians of the early and mid-twentieth century. This volume is his attempt to summarize a philosophical and theological worldview by interpreting the teaching of St. Thomas Aquinas and his successors: Reality is seen in light of the central doctrines of the Trinity, of Creation, and of the Incarnation of the Son as Jesus Christ, in Whom humankind is drawn into the life of the Triune God. Garrigou-Lagrange presents 24 thomistic theses as a lens through which to view salvation, the Sacraments, the Mother of the Redeemer, and the spiritual life whereby the divine image is restored in the soul. This work is of interest to any who wish to enhance their understanding of the Catholic theological tradition through an acquaintance with this major and often controversial figure.
Author | : Tom Angier |
Publisher | : Cambridge University Press |
Total Pages | : 118 |
Release | : 2021-09-16 |
Genre | : Philosophy |
ISBN | : 1108586392 |
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.
Author | : David M. Lantigua |
Publisher | : Cambridge University Press |
Total Pages | : 373 |
Release | : 2020-06-18 |
Genre | : Law |
ISBN | : 1108498264 |
Examines early modern Spanish contributions to international relations by focusing on ambivalence of natural rights in European colonial expansion to the Americas.
Author | : Alasdair MacIntyre |
Publisher | : A&C Black |
Total Pages | : 361 |
Release | : 2013-10-21 |
Genre | : Philosophy |
ISBN | : 1623569818 |
Highly controversial when it was first published in 1981, Alasdair MacIntyre's After Virtue has since established itself as a landmark work in contemporary moral philosophy. In this book, MacIntyre sought to address a crisis in moral language that he traced back to a European Enlightenment that had made the formulation of moral principles increasingly difficult. In the search for a way out of this impasse, MacIntyre returns to an earlier strand of ethical thinking, that of Aristotle, who emphasised the importance of 'virtue' to the ethical life. More than thirty years after its original publication, After Virtue remains a work that is impossible to ignore for anyone interested in our understanding of ethics and morality today.