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Author: Kenneth Einar Himma
Publisher: Oxford University Press
ISBN: 0191035203
Category : Law
Languages : en
Pages : 240
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Book Description
Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.
Author: Kenneth Einar Himma
Publisher: Oxford University Press
ISBN: 0191035203
Category : Law
Languages : en
Pages : 240
Get Book
Book Description
Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.
Author: Jonathan Crowe
Publisher: Cambridge University Press
ISBN: 1108498302
Category : History
Languages : en
Pages : 275
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Book Description
Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.
Author: Kenneth Einar Himma
Publisher: Oxford University Press
ISBN: 019103519X
Category : Law
Languages : en
Pages : 240
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Book Description
Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.
Author: Lon Luvois Fuller
Publisher: Yale University Press
ISBN: 0300004729
Category : Law
Languages : en
Pages : 272
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Book Description
Author: S. A. Lloyd
Publisher: Cambridge University Press
ISBN: 0521861675
Category : History
Languages : en
Pages : 437
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Book Description
In this book, S. A. Lloyd offers a radically new interpretation of Hobbes's laws of nature, revealing them to be not egoistic precepts of personal prudence but rather moral instructions for obtaining the common good. This account of Hobbes's moral philosophy stands in contrast to both divine command and rational choice interpretations. Drawing from the core notion of reciprocity, Lloyd explains Hobbes's system of "cases in the law of nature" and situates Hobbes's moral philosophy in the broader context of his political philosophy and views on religion. Offering ingenious new arguments, Lloyd defends a reciprocity interpretation of the laws of nature through which humanity's common good is secured.
Author: Roscoe Pound
Publisher:
ISBN:
Category : Ethics
Languages : en
Pages : 172
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Book Description
Author: Alfonso Gomez-Lobo
Publisher: Georgetown University Press
ISBN: 0878408851
Category : Philosophy
Languages : en
Pages : 161
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Book Description
A concise and accessible introduction to natural law ethics, this book introduces readers to the mainstream tradition of Western moral philosophy. Building on philosophers from Plato through Aquinas to John Finnis, Alfonso Gómez-Lobo links morality to the protection of basic human goods--life, family, friendship, work and play, the experience of beauty, knowledge, and integrity--elements essential to a flourishing, happy human life. Gómez-Lobo begins with a discussion of Plato's Crito as an introduction to the practice of moral philosophy, showing that it requires that its participants treat each other as equals and offer rational arguments to persuade each other. He then puts forth a general principle for practical rationality: one should pursue what is good and avoid what is bad. The human goods form the basis for moral norms that provide a standard by which actions can be evaluated: do they support or harm the human goods? He argues that moral norms should be understood as a system of rules whose rationale is the protection and enhancement of human goods. A moral norm that does not enjoin the preservation or enhancement of a specific good is unjustifiable. Shifting to a case study approach, Gómez-Lobo applies these principles to a discussion of abortion and euthanasia. The book ends with a brief treatment of rival positions, including utilitarianism and libertarianism, and of conscience as our ultimate moral guide. Written as an introductory text for students of ethics and natural law, Morality and the Human Goods makes arguments consistent with Catholic teaching but is not based on theological considerations. The work falls squarely within the field of philosophical ethics and will be of interest to readers of any background.
Author: Raymond Wacks
Publisher: OUP Oxford
ISBN: 9780199214969
Category : Law
Languages : en
Pages : 192
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Book Description
Law touches every aspect of our daily lives, and yet the main concepts, terms, and processes of the legal system remain obscure to many. This Very Short Introduction provides a clear, jargon-free account of modern legal systems, explaining how the law works both in the Western tradition and around the world.
Author: Craig A. Boyd
Publisher: Baker Books
ISBN: 9781585585090
Category : Religion
Languages : en
Pages : 272
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Book Description
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.
Author: S. Adam Seagrave
Publisher: University of Chicago Press
ISBN: 022612357X
Category : Philosophy
Languages : en
Pages : 185
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Book Description
Recent years have seen a renaissance of interest in the relationship between natural law and natural rights. During this time, the concept of natural rights has served as a conceptual lightning rod, either strengthening or severing the bond between traditional natural law and contemporary human rights. Does the concept of natural rights have the natural law as its foundation or are the two ideas, as Leo Strauss argued, profoundly incompatible? With The Foundations of Natural Morality, S. Adam Seagrave addresses this controversy, offering an entirely new account of natural morality that compellingly unites the concepts of natural law and natural rights. Seagrave agrees with Strauss that the idea of natural rights is distinctly modern and does not derive from traditional natural law. Despite their historical distinctness, however, he argues that the two ideas are profoundly compatible and that the thought of John Locke and Thomas Aquinas provides the key to reconciling the two sides of this long-standing debate. In doing so, he lays out a coherent concept of natural morality that brings together thinkers from Plato and Aristotle to Hobbes and Locke, revealing the insights contained within these disparate accounts as well as their incompleteness when considered in isolation. Finally, he turns to an examination of contemporary issues, including health care, same-sex marriage, and the death penalty, showing how this new account of morality can open up a more fruitful debate.
