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A Natural Law Approach to Normativity

A Natural Law Approach to Normativity Author Bebhinn Donnelly
ISBN-10 9781317187486
Release 2016-03-03
Pages 174
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Exploring the relationship between natural law theory and the philosophy of law, Bebhinn Donnelly proposes a new approach to natural law theory - one which addresses some of the tradition's shortcomings and advances further its approach to Hume's dichotomy. Key features: ¢ Provides a clear definition of `nature' in this context ¢ Contrasts the work of Hume and Kant regarding the `is/ought' issue ¢ Examines the approach in traditional natural law ¢ Presents a full discussion of Finnis and the departure from traditional natural law ¢ Proposes a new, natural law approach to normativity, drawing on the strengths of traditional natural law theory ¢ Illustrates how natural law may provide a normative base for law A Natural Law Approach to Normativity presents an original perspective on natural law theory and will be of interest to academics in philosophy of law, moral/political philosophy, natural law theorists, and students of jurisprudence internationally.



Normative Jurisprudence

Normative Jurisprudence Author Robin West
ISBN-10 9781139504126
Release 2011-08-22
Pages
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Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.



The Cambridge Companion to Natural Law Jurisprudence

The Cambridge Companion to Natural Law Jurisprudence Author George Duke
ISBN-10 9781107120518
Release 2017-06-16
Pages 430
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This volume brings together leading experts on natural law theory to provide perspectives on the nature and foundations of law.



Law as a Leap of Faith

Law as a Leap of Faith Author John Gardner
ISBN-10 9780199695553
Release 2012-09-06
Pages 314
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In a series of essays John Gardner has developed distinctive and engaging answers to the central questions of legal philosophy, cutting through the technicalities of the subject to clarify and reinvigorate the main arguments about the nature of law. This volume collects that work to provide a major contribution to the literature on jurisprudence.



Natural Law and Justice

Natural Law and Justice Author Lloyd L. Weinreb
ISBN-10 0674604261
Release 1987
Pages 320
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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.



Pure Theory of Law

Pure Theory of Law Author Hans Kelsen
ISBN-10 0520036921
Release 1967
Pages 356
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Pure Theory of Law has been writing in one form or another for most of life. You can find so many inspiration from Pure Theory of Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Pure Theory of Law book for free.



Assisted Suicide and Euthanasia

Assisted Suicide and Euthanasia Author Craig Paterson
ISBN-10 9781351575072
Release 2017-09-29
Pages 228
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As medical technology advances and severely injured or ill people can be kept alive and functioning long beyond what was previously medically possible, the debate surrounding the ethics of end-of-life care and quality-of-life issues has grown more urgent.In this lucid and vigorous new book, Craig Paterson discusses assisted suicide and euthanasia from a fully fledged but non-dogmatic secular natural law perspective. He rehabilitates and revitalises the natural law approach to moral reasoning by developing a pluralistic account of just why we are required by practical rationality to respect and not violate key demands generated by the primary goods of persons, especially human life.Important issues that shape the moral quality of an action are explained and analysed: intention/foresight; action/omission; action/consequences; killing/letting die; innocence/non-innocence; and, person/non-person. Paterson defends the central normative proposition that 'it is always a serious moral wrong to intentionally kill an innocent human person, whether self or another, notwithstanding any further appeal to consequences or motive'.



Meta Ethics and Normative Ethics

Meta Ethics and Normative Ethics Author H.J. MacCloskey
ISBN-10 9789401192996
Release 2012-12-06
Pages 252
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The purpose of this work is to develop a general theory of ethics which ex plains the logical status of moral judgments and the nature of the general principles which we should adopt and on the basis of which we should act. The enquiry into the logical function of moral judgments is entered into as important in its own right and as a preliminary to the normative enquiry, for it is on the basis of our conclusions in the area of meta-ethics, that we de termine the appropriate method of reaching our normative ethic. The ap proach followed in the meta-ethical enquiry is that of examining theories of the past and present with a view to seeing why and in what respects they fail, in particular, what features of moral discourse are not adequately explained or accommodated by them. A positive theory which seeks to take full account of these and all other logical features of moral discourse is then developed in terms of a modified intuitionism of the kind outlined by W. D. Ross, 'good' being explained as the name of a consequential property, 'right' in terms of moral suitability, and moral obligations as consisting in our being constrained to act in certain ways by facts we apprehend to constitute moral reasons which constrain us so to act.



The Natural Law Foundations of Modern Social Theory

The Natural Law Foundations of Modern Social Theory Author Daniel Chernilo
ISBN-10 9781107009806
Release 2013-01-31
Pages 248
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Daniel Chernilo offers an original reconstruction of the history of universalism in modern social thought from Hobbes to Habermas.



Moral Leadership in the Church A Normative Approach

Moral Leadership in the Church  A Normative Approach Author Bishop Felix Clarence Orji
ISBN-10 9781449794712
Release 2013-05-15
Pages 490
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In a time of confusion, uncertainty, debate, and division regarding what constitutes right moral behaviour, the subject of responsible moral leadership in the church takes on fresh urgency. But at this critical time of need for moral leadership, too many clergy simply mirror the uncertainty or abnegate the responsibility. This book addresses this anomaly specifically by proposing a normative model for moral leadership in the local church. Pastors and leaders of all Christians traditions will find this book very informative and useful. The book begins with an overview of the historical, theological and biblical bases for Christian leadership and more particularly, what the moral dimension of such leadership means. Various Christian traditions are surveyed for insights into the character, vision and tasks of moral leadership including the authoritative sources for ethical reflection and moral guidance. Since Dr. Felix Orji is a Bishop in the Anglican Communion, he includes a chapter on that tradition to give a sense of the ecclesiastical ethos in which presbyters must exercise such leadership. This is followed by a clear examination of Scripture in regard to what it tells us about moral leadership. This book ends with a detailed normative model for moral leadership in the church and a leadership training resource specifically designed for such leadership.



Human Rights Ethics

Human Rights Ethics Author Clark Butler
ISBN-10 1557534802
Release 2008
Pages 293
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Human Rights Ethics makes an important contribution to contemporary philosophical and political debates concerning the advancement of global justice and human rights. Butler's book also lays claim to a significant place in both normative ethics and human rights studies in as much as it seeks to vindicate a universalistic, rational approach to human rights ethics. Butler's innovative approach is not based on murky claims to "natural rights" that supposedly hold wherever human beings exist; nor does it succumb to the traditional problems of justification associated with utilitarianism, Kantianism, and other procedural approaches to human rights studies. Instead, Butler proposes "a dialectical justification of human rights by indirect proof" that claims not to be question begging. Very much in the spirit of Hegel and Habermas, Butler proposes to vindicate a "totally rational account of human rights," but one that depends concretely and historically on a dialectically constructed "right to freedom of thought in its universal modes."



A Shared Morality

A Shared Morality Author Craig A. Boyd
ISBN-10 1585585092
Release 2007-11-01
Pages 272
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Morality based on natural law has a long tradition, and has proven to be quite resilient in the face of numerous attacks and challenges over the years. Those challenges are no less serious today, which leads one to ask if natural law is still a viable foundation for ethics. Craig Boyd provides a contemporary defense of natural law theory against modern challenges from the arenas of science, religion, culture, and philosophy. In his analysis, he defends many of the classical elements of natural law, but also takes into account the contributions of scientific discoveries about human nature. He concludes that natural law is a necessary but not sufficient basis for ethics that must be accompanied by a theory of virtue.



The Normativity of the Natural

The Normativity of the Natural Author Mark J. Cherry
ISBN-10 9789048123018
Release 2009-05-27
Pages 230
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Western philosophy has long nurtured the hope to resolve moral controversies through reason; thereby to secure moral direction and human meaning without the need for a defining encounter with God or the transcendent. The expectation is for a moral rationality that is universal and able adequately to frame and guide the moral life. Moral and cultural unity was sought though philosophical reflection on human nature and the basic goods of a properly nurtured and virtuous life—that is, through appeal to what has come to be called the natural law. The natural law addresses permissible moral choice through objective understandings of human nature and human goods. Persons are obligated to act in ways that are compatible with creating and integrating the basic human goods into their lives and the lives of others. Such goods provide the basis for practical reasoning about virtuous choices and immediate reasons for action. The goal is the making of rational choices in the pursuit of a virtuous, flourishing, human life. Natural law theorists have argued extensively against human cloning, abortion, and same-gender marriage. Yet, whose assumptions regarding human nature should guide our understanding of the basic goods that mark the full flourishing human life? Moreover, why should nature, even human nature, be thought of as a moral boundary beyond which one must not trespass? Persons may wish actively to direct human evolution, utilizing the tools of both imagination and biotechnology. Perhaps nature is simply a challenge to be addressed, overcome, and set aside. This volume is a critical exploration of natural law theory.



Law and Justice in Community

Law and Justice in Community Author Garrett Barden
ISBN-10 9780199592685
Release 2010-08-19
Pages 284
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This book is a statement of a general theory of law. In technical terms it is not a book about jurisprudence (the philosophy of law) but rather a book of jurisprudence; in other words it proposes a philosophy or theory of law. It provides answers to the questions, 'what is law?' and 'what is justice?', and it claims to do so in a better and more comprehensive way than existing theories. In answering these questions the book draws on sources that have addressedthese questions down through the ages: among the key influences, for example, are Roman law and the works of Aristotle, St Thomas Aquinas and Thomas Hobbes. These and many other sources are combined with additional analysis and ideas to propose a complete and fresh account of how 'law' and 'justice'should be understood.



Natural Law and Natural Rights

Natural Law and Natural Rights Author John Finnis
ISBN-10 9780191021541
Release 2011-04-07
Pages 512
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First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.



Natural Law Theory

Natural Law Theory Author Robert P. George
ISBN-10 0198235526
Release 1994
Pages 371
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This volume presents twelve original essays by contemporary natural law theorists and their critics. Natural law theory is enjoying a revival of interest today in a variety of disciplines, including law, philosophy, political science, and theology and religious studies. These essays offer readers a sense of the lively contemporary debate among natural law theorists of different schools, as well as between natual law theorists and their critics.



Ethics for A Level

Ethics for A Level Author Mark Dimmock
ISBN-10 9781783743919
Release 2017-07-31
Pages 262
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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.