Natural Law and Thomistic Juridical Realism

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 Artifactual Nature of Law

The Artifactual Nature of Law
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.

Natural Law and Thomistic Juridical Realism

Natural Law and Thomistic Juridical Realism
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.

Common Law and Natural Law in America

Common Law and Natural Law in America
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.

The Cambridge Companion to Natural Law Jurisprudence

The Cambridge Companion to Natural Law Jurisprudence
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.

Reality

Reality
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.

Natural Law Theory

Natural Law Theory
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.

Infidels and Empires in a New World Order

Infidels and Empires in a New World Order
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.

After Virtue

After Virtue
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.