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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.



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.



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'.



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.



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.



Human Rights Ethics

Human Rights Ethics Author Clark Butler
ISBN-10 1557534802
Release 2008
Pages 293
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Making an important contribution to philosophical and political debates concerning the advancement of global justice and human rights, this book also lays claim to a significant place in both normative ethics and human rights studies in that it seeks to vindicate a universalistic, rational approach to human rights ethics.



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.



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.



The Cambridge Companion to Natural Law Jurisprudence

The Cambridge Companion to Natural Law Jurisprudence Author George Duke
ISBN-10 9781108155922
Release 2017-06-16
Pages
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This collection provides an intellectually rigorous and accessible overview of key topics in contemporary natural law jurisprudence, an influential yet frequently misunderstood branch of legal philosophy. It fills a gap in the existing literature by bringing together leading international experts on natural law theory to provide perspectives on some of the most pressing issues pertaining to the nature and moral foundations of law. Themes covered include the history of the natural law tradition, the natural law account of practical reason, normativity and ethics, natural law approaches to legal obligation and authority and constitutional law. Creating a dialogue between leading figures in natural law thought, the Companion is an ideal introduction to the main commitments of natural law jurisprudence, whilst also offering a concise summary of developments in current scholarship for more advanced readers.



A Foucauldian Approach to International Law

A Foucauldian Approach to International Law Author Leonard M. Hammer
ISBN-10 9781317188193
Release 2016-03-23
Pages 162
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Foucault's challenging view of power and knowledge as the basis for interpreting the international system forms the central themes of this book. As the application of international law expands and develops this book considers how Foucault's approach may create a viable framework that is not beset by ontological issues. With International law essentially stuck within an older framework of outmoded statist approaches, and overly broad understanding of the significance of external actors such as international organizations; current interpretations are either rooted in a narrow attempt to demonstrate a functioning normative structure or interpret developments as reflective of some emerging and somewhat unwieldy ethical order. This book therefore aims to ameliorate the approaches of a number of different 'schools' within the disciplines of international law and international relations, without being wedded to a single concept. Current scholarship in international law tends to favour an unresolved critique, a utopian vision, or to refer to other disciplines like international relations without fully explaining the significance or importance of taking such a step. This book analyses a variety of problems and issues that have surfaced within the international system and provides a framework for consideration of these issues, with a view towards accounting for ongoing developments in the international arena.



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.



Boundaries and Justice

Boundaries and Justice Author David Miller
ISBN-10 0691088004
Release 2001
Pages 367
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Despite the supreme political and economic significance of boundaries--and ongoing challenges to existing national boundaries--scant attention has been paid to their ethics. This volume explores how diverse ethical traditions understand the political and property rights reflected in territorial and jurisdictional boundaries. It is the first book to bring together thinkers from a range of traditions, both religious and secular, to discuss the ethics of boundaries. Each contributor represents a tradition's views on questions surrounding the use of boundaries to delimit property and political rights. What does it mean to own something? What resources should not be privately owned? What justifies the erection of political boundaries between one people and another? How ''hard'' should such boundaries be? What rights extend to minorities within a state? Should territorial boundaries coincide with social ones? Does national autonomy have an ethical basis, or is it an aspect of modern power politics? Should we aim for a more inclusive community than that afforded by modern nation-states? Cross-chapter dialogue and a substantive conclusion draw out similarities and differences among the traditions represented, traditions that include Christianity, classical liberalism, Confucianism, international law, Islam, Judaism, liberal egalitarianism, and natural law. In addition to the editors, the contributors are Nigel Biggar, Joseph Boyle, Joseph Chan, Russell Hardin, Will Kymlicka, Loren Lomasky, Robert McCorquodale, Richard B. Miller, David Novak, Sulayman Nyang, Michael Nylan, Raul C. Pangalangan, Daniel Philpott, Jeremy Rabkin, Hillel Steiner, M. Raquibuz Zaman, and Noam J. Zohar.



The Fundamental Right to Data Protection

The Fundamental Right to Data Protection Author Maria Tzanou
ISBN-10 9781509901685
Release 2017-06-01
Pages 320
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Since the entry into force of the Lisbon Treaty, data protection has been elevated to the status of a fundamental right in the European Union and is now enshrined in the EU Charter of Fundamental Rights alongside the right to privacy. This timely book investigates the normative significance of data protection as a fundamental right in the EU. The first part of the book examines the scope, the content and the capabilities of data protection as a fundamental right to resolve problems and to provide for an effective protection. It discusses the current approaches to this right in the legal scholarship and the case-law and identifies the limitations that prevent it from having an added value of its own. It suggests a theory of data protection that reconstructs the understanding of this right and could guide courts and legislators on data protection issues. The second part of the book goes on to empirically test the reconstructed right to data protection in four case-studies of counter-terrorism surveillance: communications metadata, travel data, financial data and Internet data surveillance. The book will be of interest to academics, students, policy-makers and practitioners in EU law, privacy, data protection, counter-terrorism and human rights law.



The Normativity of Nature

The Normativity of Nature Author Hannah Ginsborg
ISBN-10 9780199547982
Release 2015-01-27
Pages 360
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Why read Kant's Critique of Judgment? For most readers, the importance of the work lies in its contributions to aesthetics and, to a lesser extent, the philosophy of biology. Hannah Ginsborg, by contrast, sees the Critique of Judgment as a central contribution to the understanding of human cognition generally. The fourteen essays collected here advance a common interpretive project: that of bringing out the philosophical significance of thenotion of judgment which figures in the third Critique and showing its importance both to Kant's own theoretical philosophy and to contemporary views of human thought and cognition. For us to possess the capacity ofjudgment, on the interpretation defended here, is for our natural perceptual and imaginative responses to involve a claim to their own normativity with respect to the objects which cause them. It is in virtue of this capacity that we are able not merely to respond discriminatively to objects, as animals do, but to bring objects under concepts. The essays in this book aim collectively to develop and illuminate this understanding of judgment in its own right, and to use it to address specificinterpretive issues in Kant's aesthetics, theory of knowledge, and philosophy of biology; they are also concerned to bring out the relevance of this conception of judgment to contemporary debatesregarding concept-acquisition, the content of perception, and skepticism about rules and meaning.



Uncovering the Constitution s Moral Design

Uncovering the Constitution s Moral Design Author Paul R. DeHart
ISBN-10 9780826266088
Release 2007-01-01
Pages 298
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"DeHart examines our constitution's normative framework and moral meaning. He challenges the logical coherency of modern moral philosophy, normative positivism, and other theories that the constitution has been argued to embody and offers groundbreaking methodology that can be applied to uncovering the normative framework of other constitutions as well"--Provided by publisher.



Why People Obey the Law

Why People Obey the Law Author Tom R. Tyler
ISBN-10 9780691126739
Release 2006
Pages 299
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People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.



Evolution and the Foundations of Ethics

Evolution and the Foundations of Ethics Author John Mizzoni
ISBN-10 9780739199848
Release 2017-02-03
Pages 272
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If human biological evolution is part of our worldview, then how do commonplace notions of ethics fit in? To ask the question, “what does evolution imply about ethics?” we must first be clear about what we mean by evolution. Evolution and the Foundations of Ethics discusses four models of evolution, represented by Darwin, Dawkins, Gould, and Haught. We must also be clear about what we mean by ethics. Do we mean metaethics? If so, which variety? With metaethical theories (such as Error Theory, Expressivism, Moral Relativism, and Moral Realism), theorists are attempting to explain the general nature, status, and origins of ethics. In the first four chapters of this book (Part I), John Mizzoni examines how metaethical theories fit with evolution. Next, in asking about the implications of evolution for ethics,do we mean normative ethics? Theorists who work with normative ethical theories—such as Virtue Ethics, Natural Law Ethics, Social Contract Ethics, Utilitarian Ethics, Deontological Ethics, and Ethics of Care)—articulate and defend a normative ethics that people can and do use in a practical way when deliberating about specific actions, rules, and policies. The next six chapters (Part II) look at how normative ethical theories fit with evolution. A full reckoning of ethics and evolution demands that we consider the range of ethical elements, both metaethical and normative. Thus, this book looks at what several different models of evolution imply about four metaethical theories and six normative ethical theories. This book will be of interest to scholars interested in the intersection of evolutionary theory and ethical theory.