Natural Law and the Nature of Law

Natural Law and the Nature of Law
Author: Jonathan Crowe
Publisher: Cambridge University Press
Total Pages: 275
Release: 2019-04-25
Genre: History
ISBN: 1108498302

Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.

How Hume and Kant Reconstruct Natural Law

How Hume and Kant Reconstruct Natural Law
Author: Kenneth R. Westphal
Publisher: Oxford University Press
Total Pages: 286
Release: 2016-04-07
Genre: Philosophy
ISBN: 0191064122

Kenneth R. Westphal presents an original interpretation of Hume's and Kant's moral philosophies, the differences between which are prominent in current philosophical accounts. Westphal argues that focussing on these differences, however, occludes a decisive, shared achievement: a distinctive constructivist method to identify basic moral principles and to justify their strict objectivity, without invoking moral realism nor moral anti-realism or irrealism. Their constructivism is based on Hume's key insight that 'though the laws of justice are artificial, they are not arbitrary'. Arbitrariness in basic moral principles is avoided by starting with fundamental problems of social coördination which concern outward behaviour and physiological needs; basic principles of justice are artificial because solving those problems does not require appeal to moral realism (nor to moral anti-realism). Instead, moral cognitivism is preserved by identifying sufficient justifying reasons, which can be addressed to all parties, for the minimum sufficient legitimate principles and institutions required to provide and protect basic forms of social coördination (including verbal behaviour). Hume first develops this kind of constructivism for basic property rights and for government. Kant greatly refines Hume's construction of justice within his 'metaphysical principles of justice', whilst preserving the core model of Hume's innovative constructivism. Hume's and Kant's constructivism avoids the conventionalist and relativist tendencies latent if not explicit in contemporary forms of moral constructivism.

Natural Moral Law in Contemporary Society

Natural Moral Law in Contemporary Society
Author: Holger Zaborowski
Publisher: CUA Press
Total Pages: 369
Release: 2010-08
Genre: Law
ISBN: 0813217865

The essays of this volume examine natural moral law, different natural law theories, and the role that natural law can and should play in our contemporary society

From Human Dignity to Natural Law

From Human Dignity to Natural Law
Author: Richard Berquist
Publisher: Catholic University of America Press
Total Pages: 264
Release: 2019-10-11
Genre: Law
ISBN: 0813232422

From Human Dignity to Natural Law shows how the whole of the natural law, as understood in the Aristotelian Thomistic tradition, is contained implicitly in human dignity. Human dignity means existing for one’s own good (the common good as well as one’s individual good), and not as a mere means to an alien good. But what is the true human good? This question is answered with a careful analysis of Aristotle’s definition of happiness. The natural law can then be understood as the precepts that guide us in achieving happiness. To show that human dignity is a reality in the nature of things and not a mere human invention, it is necessary to show that human beings exist by nature for the achievement of the properly human good in which happiness is found. This implies finality in nature. Since contemporary natural science does not recognize final causality, the book explains why living things, as least, must exist for a purpose and why the scientific method, as currently understood, is not able to deal with this question. These reflections will also enable us to respond to a common criticism of natural law theory: that it attempts to derive statements of what ought to be from statements about what is. After defining the natural law and relating it to human or positive law, Richard Berquist considers Aquinas’s formulation of the first principle of the natural law. It then discusses the love commandments to love God above all things and to love one’s neighbor as oneself as the first precepts of the natural law. Subsequent chapters are devoted to clarifying and defending natural law precepts concerned with the life issues, with sexual morality and marriage, and with fundamental natural rights. From Human Dignity to Natural Law concludes with a discussion of alternatives to the natural law.

God and Moral Law

God and Moral Law
Author: Mark C. Murphy
Publisher: Oxford University Press
Total Pages: 204
Release: 2011-11-17
Genre: Law
ISBN: 0199693668

Does God's existence make a difference to how we explain morality? Mark C. Murphy critiques the two dominant theistic accounts of morality—natural law theory and divine command theory—and presents a novel third view. He argues that we can value natural facts about humans and their good, while keeping God at the centre of our moral explanations. The characteristic methodology of theistic ethics is to proceed by asking whether there are features of moral norms that can be adequately explained only if we hold that such norms have some sort of theistic foundation. But this methodology, fruitful as it has been, is one-sided. God and Moral Law proceeds not from the side of the moral norms, so to speak, but from the God side of things: what sort of explanatory relationship should we expect between God and moral norms given the existence of the God of orthodox theism? Mark C. Murphy asks whether the conception of God in orthodox theism as an absolutely perfect being militates in favour of a particular view of the explanation of morality by appeal to theistic facts. He puts this methodology to work and shows that, surprisingly, natural law theory and divine command theory fail to offer the sort of explanation of morality that we would expect given the existence of the God of orthodox theism. Drawing on the discussion of a structurally similar problem—that of the relationship between God and the laws of nature—Murphy articulates his new account of the relationship between God and morality, one in which facts about God and facts about nature cooperate in the explanation of moral law.

Aristotle and Natural Law

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.

Thomas Hobbes and the Natural Law

Thomas Hobbes and the Natural Law
Author: Kody W. Cooper
Publisher: University of Notre Dame Pess
Total Pages: 413
Release: 2018-03-30
Genre: Philosophy
ISBN: 0268103046

Has Hobbesian moral and political theory been fundamentally misinterpreted by most of his readers? Since the criticism of John Bramhall, Hobbes has generally been regarded as advancing a moral and political theory that is antithetical to classical natural law theory. Kody W. Cooper challenges this traditional interpretation of Hobbes in Thomas Hobbes and the Natural Law. Hobbes affirms two essential theses of classical natural law theory: the capacity of practical reason to grasp intelligible goods or reasons for action and the legally binding character of the practical requirements essential to the pursuit of human flourishing. Hobbes’s novel contribution lies principally in his formulation of a thin theory of the good. This book seeks to prove that Hobbes has more in common with the Aristotelian-Thomistic tradition of natural law philosophy than has been recognized. According to Cooper, Hobbes affirms a realistic philosophy as well as biblical revelation as the ground of his philosophical-theological anthropology and his moral and civil science. In addition, Cooper contends that Hobbes's thought, although transformative in important ways, also has important structural continuities with the Aristotelian-Thomistic tradition of practical reason, theology, social ontology, and law. What emerges from this study is a nuanced assessment of Hobbes’s place in the natural law tradition as a formulator of natural law liberalism. This book will appeal to political theorists and philosophers and be of particular interest to Hobbes scholars and natural law theorists.

Ethics for A-Level

Ethics for A-Level
Author: Mark Dimmock
Publisher: Open Book Publishers
Total Pages: 200
Release: 2017-07-31
Genre: Philosophy
ISBN: 1783743913

What does pleasure have to do with morality? What role, if any, should intuition have in the formation of moral theory? If something is ‘simulated’, can it be immoral? This accessible and wide-ranging textbook explores these questions and many more. Key ideas in the fields of normative ethics, metaethics and applied ethics are explained rigorously and systematically, with a vivid writing style that enlivens the topics with energy and wit. Individual theories are discussed in detail in the first part of the book, before these positions are applied to a wide range of contemporary situations including business ethics, sexual ethics, and the acceptability of eating animals. A wealth of real-life examples, set out with depth and care, illuminate the complexities of different ethical approaches while conveying their modern-day relevance. This concise and highly engaging resource is tailored to the Ethics components of AQA Philosophy and OCR Religious Studies, with a clear and practical layout that includes end-of-chapter summaries, key terms, and common mistakes to avoid. It should also be of practical use for those teaching Philosophy as part of the International Baccalaureate. Ethics for A-Level is of particular value to students and teachers, but Fisher and Dimmock’s precise and scholarly approach will appeal to anyone seeking a rigorous and lively introduction to the challenging subject of ethics. Tailored to the Ethics components of AQA Philosophy and OCR Religious Studies.

What We Can't Not Know

What We Can't Not Know
Author: J. Budziszewski
Publisher: Ignatius Press
Total Pages: 318
Release: 2011-01-01
Genre: Religion
ISBN: 1586174819

Professor J. Budziszewski questions the modern assumption that moral truths are unknowable. With clear and logical arguments he rehabilitates the natural law tradition and restores confidence in a moral code based upon human nature. --from publisher description.

The Cambridge Companion to Natural Law Ethics

The Cambridge Companion to Natural Law Ethics
Author: Tom Angier
Publisher: Cambridge University Press
Total Pages: 359
Release: 2019-11-07
Genre: Law
ISBN: 1108422632

How do ethical norms relate to human nature? This comprehensive and interdisciplinary volume surveys the latest thinking on natural law.