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Author | : R. H. Helmholz |
Publisher | : Harvard University Press |
Total Pages | : 285 |
Release | : 2015-06-08 |
Genre | : Law |
ISBN | : 0674504615 |
Download Natural Law in Court Book in PDF, ePub and Kindle
The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.
Author | : R. H. Helmholz |
Publisher | : Harvard University Press |
Total Pages | : 285 |
Release | : 2015-06-08 |
Genre | : History |
ISBN | : 0674504585 |
Download Natural Law in Court Book in PDF, ePub and Kindle
Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.
Author | : Stuart Banner |
Publisher | : Oxford University Press |
Total Pages | : 265 |
Release | : 2021 |
Genre | : Common law |
ISBN | : 0197556493 |
Download The Decline of Natural Law Book in PDF, ePub and Kindle
The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.
Author | : Howard P. Kainz |
Publisher | : Open Court Publishing |
Total Pages | : 172 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9780812694543 |
Download Natural Law Book in PDF, ePub and Kindle
Is there such a thing as an objective law of morality? Natural law theorists maintain that there is, and Natural Law probes the history and implications of this powerful concept. Tracing the development of natural law from ancient times to the present, the book also examines the leading figures, transitions, and turning points in the idea's evolution, and brings a natural law approach to contemporary issues such as abortion, homosexuality, and assisted suicide.
Author | : Charles P. Nemeth |
Publisher | : |
Total Pages | : 0 |
Release | : 2020 |
Genre | : Law |
ISBN | : 9781785272059 |
Download Natural Law Jurisprudence in U.S. Supreme Court Cases Since Roe V. Wade Book in PDF, ePub and Kindle
"Natural law, as a school of jurisprudence or a means to decide or consider legal cases, is considered by some as nothing more than an emotive reminiscence and by others as a foundational system upon which legal reasoning must depend"--
Author | : Andrew Forsyth |
Publisher | : Cambridge University Press |
Total Pages | : 173 |
Release | : 2019-04-11 |
Genre | : Law |
ISBN | : 110847697X |
Download Common Law and Natural Law in America Book in PDF, ePub and Kindle
Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Author | : Jean Porter |
Publisher | : Wm. B. Eerdmans Publishing |
Total Pages | : 512 |
Release | : 2010-10-21 |
Genre | : Religion |
ISBN | : 1467434515 |
Download Ministers of the Law Book in PDF, ePub and Kindle
In Ministers of the Law Jean Porter articulates a theory of legal authority derived from the natural law tradition. As she points out, the legal authority of most traditions rests on their own internal structures, independent of extralegal considerations -- legal houses built on sand, as it were. Natural law tradition, on the other hand, offers a basis for legal authority that goes beyond mere arbitrary commands or social conventions, offering some extralegal authority without compromising the independence and integrity of the law. Yet Porter does more in this volume than simply discuss historical and theoretical realms of natural law. She carries the theory into application to contemporary legal issues, bringing objective normative structures to contemporary Western societies suspicious of such concepts.
Author | : Raymond Wacks |
Publisher | : OUP Oxford |
Total Pages | : 152 |
Release | : 2014-02-27 |
Genre | : Law |
ISBN | : 0191510645 |
Download Philosophy of Law: A Very Short Introduction Book in PDF, ePub and Kindle
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.
Author | : Lloyd L. Weinreb |
Publisher | : Harvard University Press |
Total Pages | : 340 |
Release | : 1987 |
Genre | : Law |
ISBN | : 9780674604261 |
Download Natural Law and Justice Book in PDF, ePub and Kindle
"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.
Author | : Charles P. Nemeth |
Publisher | : Anthem Press |
Total Pages | : 273 |
Release | : 2020-02-20 |
Genre | : Law |
ISBN | : 1785272071 |
Download Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade Book in PDF, ePub and Kindle
Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in Natural Law Jurisprudence in U.S. Supreme Court Cases since “Roe v. Wade” and, by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.