Natural Law and Public Reason

Natural Law and Public Reason
Author :
Publisher : Georgetown University Press
Total Pages : 220
Release :
ISBN-10 : 0878407669
ISBN-13 : 9780878407668
Rating : 4/5 (69 Downloads)

Synopsis Natural Law and Public Reason by : Robert P. George

"Public reason" is one of the central concepts in modern liberal political theory. As articulated by John Rawls, it presents a way to overcome the difficulties created by intractable differences among citizens' religious and moral beliefs by strictly confining the place of such convictions in the public sphere. Identifying this conception as a key point of conflict, this book presents a debate among contemporary natural law and liberal political theorists on the definition and validity of the idea of public reason. Its distinguished contributors examine the consequences of interpreting public reason more broadly as "right reason," according to natural law theory, versus understanding it in the narrower sense in which Rawls intended. They test public reason by examining its implications for current issues, confronting the questions of abortion and slavery and matters relating to citizenship. This energetic exchange advances our understanding of both Rawls's contribution to political philosophy and the lasting relevance of natural law. It provides new insights into crucial issues facing society today as it points to new ways of thinking about political theory and practice.

The Threads of Natural Law

The Threads of Natural Law
Author :
Publisher : Springer Science & Business Media
Total Pages : 255
Release :
ISBN-10 : 9789400756564
ISBN-13 : 9400756569
Rating : 4/5 (64 Downloads)

Synopsis The Threads of Natural Law by : Francisco José Contreras

The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. The contributions to this volume discuss both historical and contemporary schools of natural law. Topics on historical schools of natural law include: how Aristotelian theory of rules paved the way for the birth of the idea of "natural law"; the idea's first mature account in Cicero's work; the tension between two rival meanings of “man’s rational nature” in Aquinas’ natural law theory; and the scope of Kant’s allusions to “natural law”. Topics on contemporary natural law schools include: John Finnis's and Germain Grisez's “new natural law theory”; natural law theories in a "broader" sense, such as Adolf Reinach’s legal phenomenology; Ortega y Gasset’s and Scheler’s “ethical perspectivism”; the natural law response to Kelsen’s conflation of democracy and moral relativism; natural law's role in 20th century international law doctrine; Ronald Dworkin’s understanding of law as “a branch of political morality”; and Alasdair Macintyre’s "virtue"-based approach to natural law.​

Natural Law and Human Rights

Natural Law and Human Rights
Author :
Publisher : University of Notre Dame Pess
Total Pages : 212
Release :
ISBN-10 : 9780268107239
ISBN-13 : 0268107238
Rating : 4/5 (39 Downloads)

Synopsis Natural Law and Human Rights by : Pierre Manent

This first English translation of Pierre Manent’s profound and strikingly original book La loi naturelle et les droits de l’homme is a reflection on the central question of the Western political tradition. In six chapters, developed from the prestigious Étienne Gilson lectures at the Institut Catholique de Paris, and in a related appendix, Manent contemplates the steady displacement of the natural law by the modern conception of human rights. He aims to restore the grammar of moral and political action, and thus the possibility of an authentically political order that is fully compatible with liberty. Manent boldly confronts the prejudices and dogmas of those who have repudiated the classical and Christian notion of “liberty under law” and in the process shows how groundless many contemporary appeals to human rights turn out to be. Manent denies that we can generate obligations from a condition of what Locke, Hobbes, and Rousseau call the “state of nature,” where human beings are absolutely free, with no obligations to others. In his view, our ever-more-imperial affirmation of human rights needs to be reintegrated into what he calls an “archic” understanding of human and political existence, where law and obligation are inherent in liberty and meaningful human action. Otherwise we are bound to act thoughtlessly and in an increasingly arbitrary or willful manner. Natural Law and Human Rights will engage students and scholars of politics, philosophy, and religion, and will captivate sophisticated readers who are interested in the question of how we might reconfigure our knowledge of, and talk with one another about, politics.

Natural Law Theory

Natural Law Theory
Author :
Publisher : Cambridge University Press
Total Pages : 118
Release :
ISBN-10 : 9781108586399
ISBN-13 : 1108586392
Rating : 4/5 (99 Downloads)

Synopsis Natural Law Theory by : Tom Angier

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.

Public Reason and Bioethics

Public Reason and Bioethics
Author :
Publisher : Springer Nature
Total Pages : 431
Release :
ISBN-10 : 9783030611705
ISBN-13 : 3030611701
Rating : 4/5 (05 Downloads)

Synopsis Public Reason and Bioethics by : Hon-Lam Li

This book explores and elaborates three theories of public reason, drawn from Rawlsian political liberalism, natural law theory, and Confucianism. Drawing together academics from these separate approaches, the volume explores how the three theories critique each other, as well as how each one brings its theoretical arsenal to bear on the urgent contemporary debate of medical assistance in dying. The volume is structured in two parts: an exploration of the three traditions, followed by an in-depth overview of the conceptual and historical background. In Part I, the three comprehensive opening chapters are supplemented by six dynamic chapters in dialogue with each other, each author responding to the other two traditions, and subsequently reflecting on the possible deficiencies of their own theories. The chapters in Part II cover a broad range of subjects, from an overview of the history of bioethics to the nature of autonomy and its status as a moral and political value. In its entirety, the volume provides a vibrant and exemplary collaborative resource to scholars interested in the role of public reason and its relevance in bioethical debate.

Natural Law Liberalism

Natural Law Liberalism
Author :
Publisher : Cambridge University Press
Total Pages : 252
Release :
ISBN-10 : 9781139457989
ISBN-13 : 1139457985
Rating : 4/5 (89 Downloads)

Synopsis Natural Law Liberalism by : Christopher Wolfe

Liberal political philosophy and natural law theory are not contradictory, but - properly understood - mutually reinforcing. Contemporary liberalism (as represented by Rawls, Guttman and Thompson, Dworkin, Raz, and Macedo) rejects natural law and seeks to diminish its historical contribution to the liberal political tradition, but it is only one, defective variant of liberalism. A careful analysis of the history of liberalism, identifying its core principles, and a similar examination of classical natural law theory (as represented by Thomas Aquinas and his intellectual descendants), show that a natural law liberalism is possible and desirable. Natural law theory embraces the key principles of liberalism, and it also provides balance in resisting some of its problematic tendencies. Natural law liberalism is the soundest basis for American public philosophy, and it is a potentially more attractive and persuasive form of liberalism for nations that have tended to resist it.

In Defense of Natural Law

In Defense of Natural Law
Author :
Publisher : Oxford University Press on Demand
Total Pages : 343
Release :
ISBN-10 : 0199242992
ISBN-13 : 9780199242993
Rating : 4/5 (92 Downloads)

Synopsis In Defense of Natural Law by : Robert P. George

In his collection George extends the critique of liberalism he expounded in Making Men Moral and also goes beyond it to show how contemporary natural law theory provides a superior way of thinking about basic problems of justice and political morality. It is written with the same combination of stylistic elegance and analytical rigour that distinguished his critical work. Not content merely to defend natural law from its cultural despisers, he deftly turns the tables and deploys the idea to mount a stunning attack on regnant liberal beliefs about such issues as abortion, sexuality, and the place of religion in public life.

The Revival of Natural Law

The Revival of Natural Law
Author :
Publisher : Routledge
Total Pages : 447
Release :
ISBN-10 : 9781351882859
ISBN-13 : 1351882856
Rating : 4/5 (59 Downloads)

Synopsis The Revival of Natural Law by : Nigel Biggar

Natural law theory has been enjoying a significant revival in recent times. Led by Germain Grisez in the USA and John Finnis in the UK, one school of thinkers has been articulating a highly developed system of natural law built upon a sophisticated account of practical reasoning and a rich and flexible understanding of the human good. However, long-standing prejudices against old-style natural law among moral philosophers and Protestant ethicists, together with the new theory's appropriation by conservatives in the impassioned debate between the Vatican and dissenting theologians in the United States, have prevented the Finnis-Grisez version from being adequately appreciated. Providing a clear and substantive introduction to the theory for those who are new to it, this book then broadens, assesses, and advances the debate about it, examining crucial philosophical, theological and ethical issues and opening up discussion beyond the confines of the Roman Catholic Church. Part 1, on philosophical issues, starts with two broad chapters that locate the Grisez school in relation to modern moral philosophy and the Roman Catholic philosophical tradition of Thomism, and then follows these with further chapters on two crucial issues: the possibility of consensus on the human good, and the nature of moral absolutes. Part 2, on theological dimensions, begins with a Lutheran critique of Grisez, locates him in relation to the ethics of two very prominent 20th century Protestants, Karl Barth and Stanley Hauerwas, and then explores the major area of theological controversy within the Roman Catholic community - how to conceive of the "Church's" authority with regard to moral matters. Part 3 subjects the school's thought to critical examination in a broad range of ethical fields: bioethics, gender, sex and the environment. A concluding chapter then develops eight topics that recur in the course of the book: the status of ethical realism in the contemporary intellectual climate; whether realism is best conceived in rationalist or naturalist terms; whether marriage should be counted as a basic good; whether physical pleasure should not be counted a basic good; whether it is always wrong to act deliberately against a basic good; the problems of moral certainty and authority; the rapproachement between Protestant and Roman Catholic ethics; and, finally, whether ethical understanding is really independent of one's anthropological point of view. Drawing together North American, European and Australian contributors from across moral philosophy and Protestant ethics as well as from Roman Catholic moral theology, this book opens up the debate about the Finnis-Grisez theory, highlighting its strengths and weaknesses in order to advance current discussion about natural law in moral theology and in moral and legal philosophy.

From Human Dignity to Natural Law

From Human Dignity to Natural Law
Author :
Publisher : Catholic University of America Press
Total Pages : 264
Release :
ISBN-10 : 9780813232423
ISBN-13 : 0813232422
Rating : 4/5 (23 Downloads)

Synopsis From Human Dignity to Natural Law by : Richard Berquist

From Human Dignity to Natural Law shows how the whole of the natural law, as understood in the Aristotelian Thomistic tradition, is contained implicitly in human dignity. Human dignity means existing for one’s own good (the common good as well as one’s individual good), and not as a mere means to an alien good. But what is the true human good? This question is answered with a careful analysis of Aristotle’s definition of happiness. The natural law can then be understood as the precepts that guide us in achieving happiness. To show that human dignity is a reality in the nature of things and not a mere human invention, it is necessary to show that human beings exist by nature for the achievement of the properly human good in which happiness is found. This implies finality in nature. Since contemporary natural science does not recognize final causality, the book explains why living things, as least, must exist for a purpose and why the scientific method, as currently understood, is not able to deal with this question. These reflections will also enable us to respond to a common criticism of natural law theory: that it attempts to derive statements of what ought to be from statements about what is. After defining the natural law and relating it to human or positive law, Richard Berquist considers Aquinas’s formulation of the first principle of the natural law. It then discusses the love commandments to love God above all things and to love one’s neighbor as oneself as the first precepts of the natural law. Subsequent chapters are devoted to clarifying and defending natural law precepts concerned with the life issues, with sexual morality and marriage, and with fundamental natural rights. From Human Dignity to Natural Law concludes with a discussion of alternatives to the natural law.