St Thomas Law Review
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Author | : Michael Stokes Paulsen |
Publisher | : Basic Books |
Total Pages | : 364 |
Release | : 2017-01-03 |
Genre | : Law |
ISBN | : 0465093299 |
The definitive modern primer on the US Constitution, “an eloquent testament to the Constitution as a covenant across generations” (National Review). From freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. Yet most of us know surprisingly little about the Constitution itself. In The Constitution, legal scholars Michael Stokes Paulsen and Luke Paulsen offer a lively introduction to the supreme law of the United States. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors correct popular misconceptions about the Constitution and offer powerful insights into its true meaning. This lucid guide provides readers with the tools to think critically about constitutional issues — a skill that is ever more essential to the continued flourishing of American democracy.
Author | : |
Publisher | : |
Total Pages | : 956 |
Release | : 2001 |
Genre | : Electronic journals |
ISBN | : |
Author | : James Bernard Murphy |
Publisher | : Yale University Press |
Total Pages | : 254 |
Release | : 2008-10-01 |
Genre | : Law |
ISBN | : 0300138016 |
In this first book-length study of positive law, James Bernard Murphy rewrites central chapters in the history of jurisprudence by uncovering a fundamental continuity among four great legal philosophers: Plato, Thomas Aquinas, Thomas Hobbes, and John Austin. In their theories of positive law, Murphy argues, these thinkers represent successive chapters in a single fascinating story. That story revolves around a fundamental ambiguity: is law positive because it is deliberately imposed (as opposed to customary law) or because it lacks moral necessity (as opposed to natural law)? These two senses of positive law are not coextensive yet the discourse of positive law oscillates unstably between them. What, then, is the relation between being deliberately imposed and lacking moral necessity? Murphy demonstrates how the discourse of positive law incorporates both normative and descriptive dimensions of law, and he discusses the relation of positive law not only to jurisprudence but also to the philosophy of language, ethics, theories of social order, and biblical law.
Author | : Rev. Stephen L. Brock |
Publisher | : Wipf and Stock Publishers |
Total Pages | : 245 |
Release | : 2020-03-30 |
Genre | : Religion |
ISBN | : 153264731X |
If there is any one author in the history of moral thought who has come to be associated with the idea of natural law, it is Saint Thomas Aquinas. Many things have been written about Aquinas's natural law teaching, and from many different perspectives. The aim of this book is to help see it from his own perspective. That is why the focus is metaphysical. Aquinas's whole moral doctrine is laden with metaphysics, and his natural law teaching especially so, because it is all about first principles. The book centers on how Aquinas thinks the first principles of practical reason, which for him are what make up natural law, function as laws. It is a controversial question, and the book engages a variety of readers of Aquinas, including Francisco Suarez, Jacques Maritain, prominent analytical philosophers, Straussians, and the initiators of the New Natural Law theory. Among the issues addressed are the relation between natural law and natural inclination, how far natural law depends on knowledge of human nature, what its obligatory force consists in, and, above all, how it is related to what for Aquinas is the first principle of all being, the divine will.
Author | : Saint Thomas (Aquinas) |
Publisher | : |
Total Pages | : 100 |
Release | : 1969 |
Genre | : Christian ethics |
ISBN | : |
Author | : J. Budziszewski |
Publisher | : Cambridge University Press |
Total Pages | : 521 |
Release | : 2014-09-22 |
Genre | : Philosophy |
ISBN | : 1316060942 |
Natural moral law stands at the center of Western ethics and jurisprudence and plays a leading role in interreligious dialogue. Although the greatest source of the classical natural law tradition is Thomas Aquinas's Treatise on Law, the Treatise is notoriously difficult, especially for nonspecialists. J. Budziszewski has made this formidable work luminous. This book - the first classically styled, line-by-line commentary on the Treatise in centuries - reaches out to philosophers, theologians, social scientists, students, and general readers alike. Budziszewski shows how the Treatise facilitates a dialogue between author and reader. Explaining and expanding upon the text in light of modern philosophical developments, he expounds this work of the great thinker not by diminishing his reasoning, but by amplifying it.
Author | : W. Michael Reisman |
Publisher | : BRILL |
Total Pages | : 1207 |
Release | : 2023-10-09 |
Genre | : Law |
ISBN | : 9004524835 |
This rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international and domestic law. Reflecting the depth and breadth of his writings, it is a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more, all integrated by the problem- and policy-oriented framework of what has come to be known as the New Haven School. Its title “Human Flourishing: The End of Law” reflects the conviction that the purpose of law ought to be to allow humans to achieve their full potential - to thrive and develop, both materially and spiritually, under the law. The volume contributes to a vision of the law as a public order in which the common interest is clarified and implemented peacefully, and offers a source of inspiration for scholars and practitioners working towards such an order of human dignity. .
Author | : Thomas C. Berg |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2022-05-26 |
Genre | : Law |
ISBN | : 9781108450881 |
This volume brings together a unique collection of legal, religious, ethical, and political perspectives to bear on debates concerning biotechnology patents, or 'patents on life'. The ever-increasing importance of biotechnologies has generated continual questions about how intellectual property law should treat such technologies, especially those raising ethical or social-justice concerns. Even after many years and court decisions, important contested issues remain concerning ownership of and rewards from biotechnology - from human genetic material to genetically engineered plants - and regarding the scope of moral or social-justice limitations on patents or licensing practices. This book explores a range of related issues, including questions concerning morality and patentability, biotechnology and human dignity, and what constitute fair rewards from genetic resources. It features high-level international, interfaith, and cross-disciplinary contributions from experts in law, religion, and ethics, including academics and practitioners, placing religious and secular perspectives into dialogue to examine the full implications of patenting life.
Author | : Thomas Erskine Holland |
Publisher | : |
Total Pages | : 484 |
Release | : 1906 |
Genre | : Jurisprudence |
ISBN | : |
Author | : Henry Ansgar Kelly |
Publisher | : Boydell & Brewer Ltd |
Total Pages | : 262 |
Release | : 2011 |
Genre | : Biography & Autobiography |
ISBN | : 1843836297 |
This book challenges the recently established consensus that the trial was a carefully prepared and executed judicial process in which the judges were amenable to reasonable arguments. Thomas More's treason trial in 1535 is one of history's most famous court cases, yet never before have all the major documents been collected, translated, and analyzed by a team of legal and Tudor scholars. This edition serves asan important sourcebook and concludes with a 'docudrama' reconstructing the course of the trial based on these documents. Legal experts H. A. Kelly and R. H. Helmholz take different approaches to the legalities of this trial, and four experienced judges [including Justice of the Queen's Bench Sir Michael Tugendhat] discuss the trial with some disagreements - notably on the meaning and requirement of 'malice' called for in the Parliamentary Act of Supremacy. More's own accounts of his interrogations in prison are analyzed, and the trial's procedures are compared to and contrasted with 16th-century concepts of natural law and also modern judicial practices and principles. The book is a 'must read' not only for students of law and Tudor history but also for all concerned with justice and due process. As a whole, the book challenges Duncan Derrett's conclusions that the trial was conducted in accord with contemporary legal norms and that More was convicted only on the single charge of denying Parliament the power to declare Henry VIII Supreme Head of the English Church [testified to by Richard Rich] - a position that has been uniformly accepted by historians since 1964. HENRY ANSGAR KELLY is past Director of the Center for Medieval and Renaissance Studies, UCLA. LOUIS W. KARLIN is an attorney with the California Court of Appeal and Fellow of the Center for Thomas More Studies, University of Dallas. GERARD B. WEGEMER is Director of the Center for Thomas More Studies.