This book critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. Three scholars each offer a programmatic essay on natural law doctrine in their particular religious tradition and then respond to the other two essays.

Adiaphora and permissive natural law both conceptually pointed towards an arena of liberty in which the individual remained free to take up particular courses of action. In the Reformation debates over the external regulation of Christian freedom for the maintenance of peace and order, these two concepts became freighted with political significance; but they also in turn shaped attitudes over when and where obedience was due in relation to the civic regulation of liberty. Tudor apologetics deployed both ideas in (...) order to defend the English Reformation, especially the claim of the royal supremacy to have due authority to regulate ecclesiastical affairs in indifferent matters, limiting Christian freedom and requiring obedience. By situating these debates within the context of the conceptual development of adiaphora and permissive natural law from their original philosophical roots through to the Reformation, this article establishes the genealogy of claims that defined such apologetics. After surveying the seemingly intractable dilemmas in the thought of Thomas Starkey and John Whitgift over why obedience to lay ecclesiastical supremacy was due, this article considers the radical return to the permissive natural law traditions of the medieval period in the Elizabethan conformist thought of Richard Hooker. In this return, Hooker supplanted divine permissions and scriptural principles as the guide for the proper regulation of indifferent matters with an appeal to the light of reason as the divine instrument through which binding human laws are made to govern society and limit freedom for the public good, even in the life of the national church. (shrink)

With the passing of disputations between Jewish and Christian thinkers as to whose tradition has a more universal ethics, the task of Jewish and Christian ethicists is to constitute a universal horizon for their respective bodies of ethics, both of which are essentially particularistic being rooted in special revelation. This parallel project must avoid relativism that is essentially anti-ethical, and triumphalism that proposes an imperialist ethos. A retrieval of the idea of natural law in each respective tradition enables the (...) constitution of some intelligent common ground for ethical cooperation in both theory and practice between the traditions. This essay also suggests how the constitution of this common ground could include Muslims as well. The constitution of this common ground enables religious ethicists to present more cogent ethical arguments in secular space, but only of course, when those who now control secular space are open to arguments from members of any religious tradition. (shrink)

Fifty years of debate have strengthened Germain Grisez’s 1965 interpretation of St. Thomas Aquinas’s famous article on the natural law in Summa theologiae I-II.94.2. Revisiting Grisez’s argument in light of these developments reveals that his “gerundive interpretation” of the first principle of practical reason is not only Thomistic, but essentially Aquinas’s interpretation.

This book describes the shape of a Christian ethic that arises from a conversation between contemporary accounts of natural law theory, and virtue ethics. The ethic that emerges from this conversation seeks to resolve the tensions in Christian ethics between creation and eschatology, narrative and natural law, and objectivity and relativity. Black moves from this analytic foundation to conclude that worship lies at the heart of a theologically grounded ethic whose central concern is the flourishing of the whole (...) human person in community with both one another and God. (shrink)

The life history of certain philosophical and theological terms and concepts constitutes in itself an interesting matter for consideration and reflection. None is more interesting than that of natural law. Many studies have traced the development of natural law philosophy from its early precursors among the Pre-Socratics through Plato and Aristotle, the Stoics, St Thomas, and the early British empiricists; have noted its demise in the nineteenth century, largely as a result of the criticism of Hume; and have (...) observed its renaissance in the twentieth century. Despite this undeniable revival of interest in the theory in the present century, a moral philosopher uses the term only at great risk, for no philosophical theory has been so vigorously attacked and so thoroughly ‘refuted’ as natural law. (shrink)

The story of "natural law" - the idea that God has written a law on the human heart so that ethical norms derive from human nature - in twentieth-century Protestant ethics is one of rejection and resurgence. For half a century, luminaries like Karl Barth, Carl F. H. Henry, and Cornelius Van Til cast a shadow over natural law moral reflection because of its putative link to natural theology, autonomous reason, associations with Catholic theology, and ethical witness (...) devoid of special revelation. However, over the past twenty years, Protestant theologians have renewed their interest in the subject, often animated by debates on Christian involvement in the public arena and on matters of life, death, and gender and sexuality. Much of this engagement has happened within Reformed circles and has largely been conducted without reference to Roman Catholic construals of the natural law. Conversely, Catholic developments in natural-law thinking have paid little attention to the surge of interest on the Protestant side. As a result, Protestant and Catholic natural proponents - and even those skeptical of the natural law - are not in conversation with one another.The lack of dialog between the various schools of natural law has left a historic tradition within Christan moral thought underdeveloped in contemporary Protestant theology. By bringing together a variety of perspectives in much-needed conversation, this book helps readers to understand the various construals of natural law within the broader strands of Christian and classical traditions and clarifies its unique importance for Christian moral witness in a secular culture. The contributors address the following questions:What is natural law?Can moral norms be derived from immanent, creaturely ends? If so, how specific or action-guiding can those norms be? How extensive might these moral norms be?How does natural law endure despite Christian insistence on the noetic, epistemological effects of sin?What is the relationship between Christian reflection on natural law and the broader classical tradition's understanding of natural law?How do Catholic and Protestant construals of natural law differ?What is the relationship between faith and reason?What's the relationship between human nature and natural law?Does "natural law" mean: "secular moral reasons"? Or is "natural law" merely religious belief disguised as public reason?How does natural law relate to public reason?Does the affirmation of a "natural law" lead to a natural theology? Or are these distinct?What is the relationship between natural law and the laws of nature?Five views:Classical Natural Law - Michael PakalukNew Natural Law - Melissa MoschellaReformed Natural Law - W. Bradford LittlejohnLutheran Natural Law - Joel D. BiermanAnti-Natural Law - Peter J. Leithart. (shrink)

Rhonheimer applies moral theology to practical questions, such as, what does it mean to violate the natural law, or to be “unnatural”?

The extent to which God grounds normativity within natural law theory is analyzed. I examine Hugo Grotius’s understanding of natural law and human nature and show that Grotius makes few explicit metaphysical commitments which makes his view open to development in at least two different ways. Then a Thomistic view of natural law and human nature is developed. It is shown that Grotius’s position could be developed as a proto-new natural law theory, but this leaves it (...) open to powerful objections from Fulvio Di Blasi and other Thomistic philosophers. Finally, I argue that a view can be developed in such a way as to take on certain elements of the Thomistic view, particularly its metaphysics, but still maintain the famous Grotian claim that human nature can establish normativity without God. The key to this is the distinction between the order of knowing and the order of being. (shrink)

This book provides a critique of the three most prominent Australian "authorities" on Law and Ethics of the present day, namely John Finnis, Tracey Rowland, and Peter Singer. So far as the study of Natural Law is concerned the central figure is John Finnis. Peter Singer relates to it indirectly as adopting a position in Moral Philosophy that rejects Natural Law in any traditional sense and takes a naturalist position in a utilitarian sense. Tracey Rowland adopts a position (...) that downplays Natural Law as knowable by human reason or philosophy outside the theological order of grace. The works of these philosophers provide the occasion for bringing back into focus some of the great truths of ethical and legal philosophy and for showing up, as best as one can from within, the diabolically perilous situation for our modern culture that has developed since the general breakdown of Christian civilization now so long ago as to be practically forgotten. (shrink)

Our goal in this paper is two-fold. First, we aim to clarify two ways in which contemporary Christian bioethicists have erred, on Engelhardt’s account, in their attempts to do bioethics within a distinctively non-Christian idiom, namely, either (1) by rejecting a principal metaethical thesis or (2) by misrepresenting a principal moral-epistemological thesis of natural-law ethics, properly construed. Second, we intend to show not only that Engelhardt can and should endorse the Christian bioethicists’ use of non-Christian moral idioms in the (...) public square but also—perhaps to the surprise both of his critics and of his supporters—that he does, in fact, do so. (shrink)

This article investigates the use of natural law in biolaw from the specific perspective of an attorney practising before the European Court of Human Rights. Starting from an exploration of the question of who is a human and thereby to be protected under the European Convention on Human Rights (ECHR), particular emphasis is placed on the right to life under Art. 2(1) ECHR. It is shown that natural law can – and should – impact the interpretation of the (...) European Convention on Human Rights and that concrete consequences follow from this approach, most notably the requirement to ensure that every human being, including the unborn, is actively protected as concerns the right to life. (shrink)

As Christians, we affirm that Scripture is our supreme guide to truth and righteousness. Some wish to go further and assert that it is our only guide. But how then can we account for the remarkable insight and moral integrity that many unbelievers seem to display? Indeed, how to account for the myriad ways in which believers themselves navigate the world based on knowledge and intuition not always derived from Scripture? Enter the doctrine of natural law. Frequently misrepresented as (...) an assertion of the autonomous power of human reason or as a uniquely Roman Catholic doctrine, natural law has actually been an integral part of orthodox Christian theology since the beginning, and is even clearly asserted in Scripture itself. In this brief guide, David Haines and Andrew Fulford explain the philosophical foundations of natural law, clear up common misunderstandings about the term, and demonstrate the robust biblical basis for natural law reasoning. (shrink)

The aim of this article is to fill a certain gap in the assessment of relativism by drawing on Joseph Ratzinger’s (1927–2022) criticism of the normative transformation since Kant. During the Enlightenment, Natural Law was doubted as a cultural feature of Christianity that had no bearing on pluralist society. Consequently, this jurisprudential tradition underwent de-Hellenization and branched out in radical directions, the most decisive of which was Kant’s post-metaphysical system of natural values. Positivism and German Idealism attempted to (...) restore the unity of philosophy that Kant’s philosophy had disrupted. Yet even more influentially, in the nineteenth and twentieth centuries it was Marxism that relativized the doxological aspect of normativity by emphasizing the importance of praxis. Since philosophy became neither an exact science as Kant had conceived it to be, nor a practical programme for social justice as Marxism had promised, the Existentialists, and particularly Sartre, advocated a more radical philosophy of freedom. Ratzinger argues that despite the nuances of post-Kantian philosophy, Positivism, Existentialism, and Marxism failed to comprehend the human condition and that the positivist method resulted in an overwhelming relativism that has reduced normativity to a matter of correct procedures rather than regarding it as the foundation of the inviolable dignity of the human being. (shrink)

Natural law as a rich tradition of Christian thought has often been neglected by evangelicals. But in this time of deep polarization, this generous guide brings together robust natural law theory and practical cases for the evangelical concerned with bringing together their theological commitments to bear on their political judgments.

This book argues that natural law - when construed as an epistemological and trans-cultural lingua franca, adjudged capable of legitimating the rational intelligibility and universal applicability of specific Christian moral principles within contemporary "secular" discourse - has failed. Through a detailed analysis of the contributions of three prominent natural law theorists who are located within a shared philosophical-theological tradition, namely, John Finnis, Jean Porter, and John Milbank, the text will seek to illuminate the extent to which this failure (...) is as much intramural as it is extramural. (shrink)

Catholics and Evangelical Protestants often find themselves on the same side on a variety of issues in bioethics. However, some Evangelicals have expressed reluctance to embrace the natural law reasoning used by Catholics in academic and policy debates. In this article, I argue that the primary concerns raised by Evangelicals about natural law reasoning are, ironically, concerns expressed by and intrinsic to the natural law tradition itself. To show this, I address two types of Protestant critics: the (...) Frustrated Fellow Traveler and the Solo Scripturist. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate (...) confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entreves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entreves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entreves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."¿Mitchell Muncy, The University Bookman. (shrink)

Humean Laws for Human Agents presents cutting-edge research by leading experts on the Humean account of laws, chance, possibility, and necessity. A central question in metaphysics and philosophy of science is: What are laws of nature? Humeans hold that laws are not sui generis metaphysical entities but merely particularly effective summaries of what actually happens. The most discussed recent work on Humeanism emphasizes the laws' usefulness for limited agents and uses pragmatic considerations to address fundamental and long-standing problems. The current (...) volume develops and critically examines pragmatic Humean accounts, with innovative new work on the epistemology of laws and chance, the problem of induction, counterfactuals, special science laws, and a Humean account of essence. Taken together, the papers provide a roadmap for developing pragmatic Humeanism and connate views, setting the agenda for future research. (shrink)

To assess the utility of appeals to natural law as a way of projecting ethical claims across ideological and cultural boundaries, three examples of such appeals in just war theory are critically analyzed and evaluated: those of contemporary international lawyers Myres McDougal and Florentino Feliciano, theological ethicist Paul Ramsey, and Franciscus de Victoria, a sixteenth-century Spanish theorist whose recasting of Christian just war thought gave rise to secular international law. The conclusion is that natural-law appeals today can no (...) longer depend on their own self-evidence, but must be attempts to uncover commonality as to what is natural. (shrink)

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entrèves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a classic work, Natural Law has exercised considerable influence over the course of Anglo-American legal theory in the past forty years. The statements of Clarence Thomas during his 1991 Senate (...) confirmation hearings show that the law of nature still holds powerful appeal in defining judicial rules. In the new introduction, Cary J. Nederman points out both the contemporary value and the historical significance of Natural Law. He also provides the biographical as well as intellectual context for d'Entrèves immense accomplishments. This volume is essential reading for students of legal history, political theory, and philosophy. It will also be of interest to historians. "Few texts provide as concise or as cogent an introduction to natural theory as Alexander Passerin d'Entrèves' Natural Law: An Introduction to Legal Philosophy.... Transaction Publishers has performed a genuine service by bringing out a new edition of Natural Law. D'Entrèves' analysis is clear and penetrating, and will guide the student of natural law to further, fruitful study."--Mitchell Muncy, The University Bookman. (shrink)

The question about divine action remains contested in the discussion between theology and science. This issue is further exacerbated with the entry of pentecostals and charismatics into the conversation, especially with their emphases on divine intervention and miracles. I explore what happens at the intersection of these discourses, identifying first how the concept of "laws of nature" has developed in theology and science and then probing what pentecostal-charismatic insights might add into the mix. Drawing from the triadic and evolutionary metaphysics (...) of Charles Sanders Peirce, I propose a reconsideration of the "laws of nature" as habitual, dynamic, and general but nevertheless real tendencies through which the Holy Spirit invites the world to inhabit the coming kingdom of God. This proposal contributes to the articulation of an authentic Pentecostal-charismatic witness at the theology-and-science table while also enabling a more plausible and coherent account of divine action for pentecostal-charismatic piety and Christian practice in the twenty-first century. (shrink)

Many recent Christian writers have called for the reintegration of natural law theory with biblical ethics. This essay takes up that challenge with focus on the book of Proverbs. Through a close study of several major themes in this book, it argues that Proverbs points toward a conception of natural law as natural moral order, a realist natural law epistemology, the reality of moral insight across cultural and religious divides, the appropriateness of pragmatic natural law (...) arguments, and a profound modesty about what natural law can accomplish. (shrink)

The aim is to contribute to a better understanding of Samuel Pufendorf’s road from his early Elementa jurisprudentiae universalis, published in late 1660 to the eight ‘books’ of De jure naturae et gentium from 1672. In the latter, Pufendorf completed a methodical shift from the more geometrico method to a universal jurisprudence based upon a wide range of humanistic arts, including history. In this connection, Pufendorf gave more credit to Hugo Grotius and his De jure belli ac pacis than in (...) the earlier work. The paper redefines the role that Pufendorf’s contacts with the Chief Minister from Mainz, Johann Christian von Boineburg and his closest collaborators, Hermann Conring and Johann Heinrich Boecler played in Pufendorf’s shift of approach to ‘universal jurisprudence’. Hitherto underexplored correspondence of Boineburg with Boecler permits a reconstruction of the polemic that Boineburg incited and fuelled between Pufendorf and Boecler. Pufendorf’s reflections of the events in the Preface of the first edition of De jure naturae et gentium and later Christian Thomasius’s account in Paulo plenior, historia juris naturalis made the intermezzo into an essential part of the foundation myth of modern natural law. (shrink)

Conscience in Thomas's understanding of natural law -- The objections of the ancient philosophers -- The objections of the Calvinist christians -- On the possibility of revising Thomas's teaching on conscience -- Those who deny the existence of human nature -- Those who deny the moral relevancy of human nature -- Those who deny the ancient understanding of human nature.

Aquinas needs no introduction as one of the greatest minds of the middle ages. Highly influential on the development of Christian doctrine, his ideas are still of fundamental philosophical importance. This new critique of his natural law theory discusses the theory's background in Aristotle and advances new interpretations of contemporary legal issues which hark back to Aquinas.

Humean reductionism about laws of nature is the view that the laws reduce to the total distribution of non-modal or categorical properties in spacetime. A worry about Humean reductionism is that it cannot motivate the characteristic modal resilience of laws under counterfactual suppositions and that it thus generates wrong verdicts about certain nested counterfactuals. In this paper, we defend Humean reductionism by motivating an account of the modal resilience of Humean laws that gets nested counterfactuals right.

Pierre Manent is one of France's leading political philosophers. This first English translation of his 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 rightly understood. Manent boldly confronts the prejudices and dogmas of those who have repudiated the classical and (especially) 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. (shrink)

A fresh look at the importance of natural and international law in the religious politics at the heartlands of the Reformation, from the Low Countries, the German principalities up to Transylvania; from Niels Hemmingsen to Gian Battista Vico; from religious reasons for the universalist claims of natural law to political arguments for the sacred polity, their tension and creative potential.

There is a lack of clarity in the literature about what constitutes the natural law approach to ethics and what is incompatible with it. The standard, and largely historical, way of understanding the natural law approach risks overlooking theoretical differences of fundamental importance regarding what the natural law approach is usually taken to uphold. Against Craig Paterson, I argue that a necessary condition for an ethical account to uphold fully the natural law approach is that it (...) does not contain any dependence upon the metaethical category of non-naturalism understood in non-supernaturalist (secular) terms. Using the ‘new natural law’ theory of John Finnis to illustrate my case, I also argue that an ethical theory can be largely in keeping with the natural law approach but nonetheless contain elements at odds with it: the issue is more complex than a simple binary. This is an under-explored possibility in natural law ethics. (shrink)

ABSTRACT The political works of Adam Blackwood offer a powerful defence of absolute monarchy, and one which explicitly sets political power within a religious framework. Critiquing the resistance theories of his contemporaries, Blackwood was sceptical about the political value of natural law and of any appeal to popular sovereignty, at least in contemporary Europe. Blackwood was deeply troubled by the way Christianity was being used to justify resistance, often in Protestant texts that aligned Christianity and natural law, and (...) he insisted that true Christianity taught obedience. Though he has often been likened to his contemporary Jean Bodin, a closer examination of Blackwood’s writing reveals significant differences, especially on the linked issues of natural law, the value of historical argument, and religion. For Blackwood, sovereign power in general had to be underpinned by religion, the one constant in a world of diverse and mutable social practices, and its particular, local manifestation had to be understood historically, as the product of conquest and force. Aware of the potential tensions between Catholic Christianity and monarchical authority, Blackwood also developed a distinctive piety in an attempt to bolster the alliance he advocated between religious and political authority. (shrink)

There has been a considerable amount of literature in the last 70 years claiming that the American founders were steeped in modern thought. This study runs counter to that tradition, arguing that the founders of America were deeply indebted to the classical Christian natural-law tradition for their fundamental theological, moral, and political outlook. Evidence for this thesis is found in case studies of such leading American founders as Thomas Jefferson and James Wilson, the pamphlet debates, the founders' invocation of (...) providence during the revolution, and their understanding of popular sovereignty. The authors go on to reflect on how the founders' political thought contained within it the resources that undermined, in principle, the institution of slavery, and explores the relevance of the founders' political theology for contemporary politics. This timely, important book makes a significant contribution to the scholarly debate over whether the American founding is compatible with traditional Christianity. (shrink)

Abstract. For the past two decades, I have been developing an integrative Christian marriage theory, based in part on a grounding concept of natural law and an overarching theory of covenant. The natural law part of this theory starts with an account of the natural facts, conditions, interests, needs, and qualities of human life, interaction, and generation—what I call the “premoral” goods or realities of life. It then identifies the natural inclinations of humans to form enduring (...) and exclusive monogamous marriages and to preserve these units as the central site for intimacy, procreation, and nurture of children. In this paper, I first summarize this natural law theory of marriage and then compare it to the formulations of other modern Christian thinkers. I also defend this theory against various modern critics of natural law—in part by reinterpreting some traditional natural law teachings that in my view have been misunderstood, in part by looking at the interesting convergences between the insights into sex, marriage, and family life offered by contemporary Christian theological ethicists and by evolutionary biologists and biological anthropologists. (shrink)

Reflection on natural law reaches a highpoint during the Middle Ages. Not only do Christian thinkers work out the first systematic accounts of natural law and articulate the framework for subsequent reflection, the Jewish and Islamic traditions also develop their own canonical statements on the moral authority of reason vis-à-vis divine law. In the view of some, they thereby articulate their own theories of natural law. These various traditions of medieval reflection on natural law, and their (...) interrelation, merit further study, particularly since they touch upon many current philosophical concerns. They grapple with the problem of ethical and religious pluralism. They consider whether universally valid standards of action and social life are accessible to those who rely on reason rather than divine law. In so doing, they develop sophisticated accounts of many central issues in metaethics, action theory, jurisprudence, and the philosophy of religion. However, do they reach a consensus about natural law, or do they end up defending incommensurable ethical frameworks? Do they confirm the value of arguments based on natural law or do they cast doubt on it? This collection brings together contributions from various expert scholars to explore these issues and the pluralism that exists within medieval reflection on natural law. It is the first one to study the relation between the natural law theories of these various traditions of medieval philosophy: Jewish, Islamic, Byzantine, and Latin. Each of the first four essays surveys the 'natural law theory' of one of the religious traditions of medieval philosophy-Jewish, Islamic, Byzantine, and Latin-and its relation to the others. The next four essays explore some of the alternative accounts of natural law that arise within the Latin tradition. They range over St. Bonaventure, Peter of Tarentaise, Matthew of Aquasparta, John Duns Scotus, and Marsilius of Padua. (shrink)