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| Author | : Richard Tuck |
| Publisher | : Cambridge University Press |
| Total Pages | : 200 |
| Release | : 1979 |
| Genre | : History |
| ISBN | : 9780521285094 |
The origins of natural rights theories in medieval Europe and their development in the seventeenth century.
| Author | : Ellen Frankel Paul |
| Publisher | : Cambridge University Press |
| Total Pages | : 428 |
| Release | : 2005 |
| Genre | : Law |
| ISBN | : 9780521615143 |
"The essays in this book have also been published, without introduction and index, in the semiannual journal Social philosophy & policy, volume 22, number 1"--T.p. verso. Includes bibliographical references and index.
| Author | : Billy Christmas |
| Publisher | : Routledge |
| Total Pages | : 250 |
| Release | : 2021-03-30 |
| Genre | : Philosophy |
| ISBN | : 1000370070 |
This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
| Author | : T. J. Hochstrasser |
| Publisher | : Cambridge University Press |
| Total Pages | : 270 |
| Release | : 2000-09-14 |
| Genre | : Political Science |
| ISBN | : 1139435302 |
This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human sociability and reason, fostering a new methodology in German philosophy. This book assesses the first histories of political thought since ancient times, giving insights into the nature and influence of debate within eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, Natural Law Theories in the Early Enlightenment will be of great interest to scholars in history, political thought, law and philosophy.
| Author | : Brian Tierney |
| Publisher | : Wm. B. Eerdmans Publishing |
| Total Pages | : 400 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : 9780802848543 |
This series, originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.
| Author | : Larry Arnhart |
| Publisher | : State University of New York Press |
| Total Pages | : 360 |
| Release | : 1998-04-02 |
| Genre | : Philosophy |
| ISBN | : 0791495302 |
This book shows how Darwinian biology supports an Aristotelian view of ethics as rooted in human nature. Defending a conception of "Darwinian natural right" based on the claim that the good is the desirable, the author argues that there are at least twenty natural desires that are universal to all human societies because they are based in human biology. The satisfaction of these natural desires constitutes a universal standard for judging social practice as either fulfilling or frustrating human nature, although prudence is required in judging what is best for particular circumstances. The author studies the familial bonding of parents and children and the conjugal bonding of men and women as illustrating social behavior that conforms to Darwinian natural right. He also studies slavery and psychopathy as illustrating social behavior that contradicts Darwinian natural right. He argues as well that the natural moral sense does not require religious belief, although such belief can sometimes reinforce the dictates of nature.
| Author | : Lloyd L. Weinreb |
| Publisher | : Harvard University Press |
| Total Pages | : 340 |
| Release | : 1987 |
| Genre | : Law |
| ISBN | : 9780674604261 |
"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 | : 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.
| Author | : Dr Hugh Breakey |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 301 |
| Release | : 2012-12-28 |
| Genre | : Law |
| ISBN | : 1409472620 |
Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of ‘user’s rights’ and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user’s rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one’s actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.
| Author | : Richard Tuck |
| Publisher | : Cambridge University Press |
| Total Pages | : 412 |
| Release | : 1993-03-18 |
| Genre | : History |
| ISBN | : 9780521438858 |
Major new study of European political thought in the sixteenth and seventeenth centuries.
