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John Locke's Concept of Natural Law from the Essays on the Law of Nature to the Second Treatise of Government

John Locke's Concept of Natural Law from the Essays on the Law of Nature to the Second Treatise of Government
Author: Franziska Quabeck
Publisher: LIT Verlag Münster
Total Pages: 107
Release: 2013
Genre: Law
ISBN: 3643903227

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John Locke's account of natural law, which forms the very basis of his political philosophy, has troubled many critics over time. The two works that shed light on Locke's theory are the early Essays on the Law of Nature and the Second Treatise of Government, published over 20 years later. Many critics have assumed that the early work presents a voluntarist approach to natural law and the second a rationalist approach, but the present analysis in this book shows that Locke's theory is consistent. Both works present a concept of the law of nature that must be placed between voluntarism and rationalism. (Series: Polyptoton. Munster Collection, Academic Writings / Polyptoton. Munsteraner Sammlung Akademischer Schriften - Vol. 3)


Natural Law and Justice

Natural Law and Justice
Author: Lloyd L. Weinreb
Publisher: Harvard University Press
Total Pages: 340
Release: 1987
Genre: Law
ISBN: 9780674604261

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"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.


Natural Law Theory

Natural Law Theory
Author: Tom Angier
Publisher: Cambridge University Press
Total Pages: 118
Release: 2021-09-16
Genre: Philosophy
ISBN: 1108586392

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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.


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: Philosophy
ISBN: 1108422632

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


The Science of Government, Founded on Natural Law

The Science of Government, Founded on Natural Law
Author: Clinton Roosevelt
Publisher:
Total Pages: 116
Release: 1841
Genre:
ISBN: 9781548639037

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The Science of Government, Founded on Natural Law by Clinton Roosevelt, first published in 1841, is a rare manuscript, the original residing in one of the great libraries of the world. This book is a reproduction of that original, which has been scanned and cleaned by state-of-the-art publishing tools for better readability and enhanced appreciation. Restoration Editors' mission is to bring long out of print manuscripts back to life. Some smudges, annotations or unclear text may still exist, due to permanent damage to the original work. We believe the literary significance of the text justifies offering this reproduction, allowing a new generation to appreciate it.


The Science of Government, Founded on Natural Law

The Science of Government, Founded on Natural Law
Author: Clinton Roosevelt
Publisher: Theclassics.Us
Total Pages: 20
Release: 2013-09
Genre:
ISBN: 9781230297439

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1841 edition. Excerpt: ... f District No.l THIRD ORDER, REFINING. C All the outward appearances Natural and habits of things animate, History. and the changes of appear j ance of inanimate objects. Physiol-j The organism of all organized ( Things & Beings. Moral Philoso-1 phy. The laws of mind. Logic. The evidences of the existence of an almighty, allwise, and perfect Creator. f Selfish, The motives to be presented to man" Moral, Rational, Religious. Literature Modern Languages. ) German Latin.-, Greek. Languages. Hebrew. Ancient The Mathe-j Arithmetic, matics. ( Geometry, &c. Fine Arts. Painting, Poetry. Sculpture. Music. Oratory. Dancing, &c. We here have the body of the science. The next object is to give the spirit and the moving power, and render it practical. Our object is to convert to the arts and sciences of peace, that system and principle of co-operation now best known in war; for that is, as experience proves, the only practical system of harmonious cooperation. We have marked out the ground on which every class of mind must take its place. We have a place for every art and science, and now the tactics to be observed in each, and how to gain the land on which to operate, is all we have to show. First, of the art and science of co operation. This is to bring the whole to bear for our mutual advantage. To learn the art of government correctly, men should begin to practice at the rudiments, as a soldier first learns the manual and if prompt and energetic becomes a petty officer and drills others. He then arises by degrees through every grade. It is thus that every art and science must, according to the nature of the human mind, be learnt. Some, of great quickness of perception and tact, may learn more readily than others it is true, but the system we...


A Few Lectures on Natural Law

A Few Lectures on Natural Law
Author: Henry St. George Tucker
Publisher:
Total Pages: 372
Release: 1844
Genre: Natural law
ISBN:

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Philosophy of Law: A Very Short Introduction

Philosophy of Law: A Very Short Introduction
Author: Raymond Wacks
Publisher: OUP Oxford
Total Pages: 152
Release: 2014-02-27
Genre: Law
ISBN: 0191510645

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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.


American Interpretations of Natural Law

American Interpretations of Natural Law
Author: Benjamin Fletcher Wright
Publisher: Routledge
Total Pages: 274
Release: 2017-07-05
Genre: Philosophy
ISBN: 1351532669

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This book illustrates the deep roots of natural law doctrines in America's political culture. Originally published in 1931, the volume shows that American interpretations of natural law go to the philosophical heart of the American regime. The Declaration of Independence is the preeminent example of natural law in American political thoughtit is the self-evident truth of American society.Benjamin Wright proposes that the decline of natural law as a guiding factor in American political behaviour is inevitable as America's democracy matures and broadens. What Wright also chronicled, inadvertently, was how the progressive critique of natural law has opened a rift between and among some of the ruling elites and large numbers of Americans who continue to accept it. Progressive elites who reject natural law do not share the same political culture as many of their fellow citizens.Wright's work is important because, as Leo Strauss and others have observed, the decline of natural law is a development that has not had a happy ending in other societies in the twentieth century. There is no reason to believe it will be different in the United States.