This chapter describes the process of institutionalization of natural law at the University of Pisa, essential to interpreting the conditions in which the first public law chair of Italy was founded. The study of legal education in the late seventeenth and early eighteenth century will allow a more in-depth understanding of both the development of natural law in teaching practice throughout the long eighteenth century, and the features of the two processes of reception, respectively for educational and political (...) purposes. In fact, although both processes were founded on appreciation of the centrality of Roman law and philosophy in the construction of doctrines by the so-called ‘modern natural law school’, and developed through mediation of traditional Roman legal culture of the Pisan ‘historical-critical school’, there were some differences. In this initial phase, the didactic reception was indirect, although not entirely implicit, whereas the political reception was direct and explicit. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Common Truths brings together the best minds writing on one of today's most important and heated issues: natural law. This diverse group of thinkers addresses the theoretical, historical, and--in a section of particular importance--the legislative and juridical aspects of natural law. A revival of natural law concepts, the essayists argue, is crucial to the refurbishing of American civil society. Anyone wanting to understand what the natural law is and why it matters will find this engaging (...) book indispensable. (shrink)

Although Hobbes talks about the laws of nature as prescribing the virtues, it is easier to think of them as proscribing the vices. The nine vices that are proscribed by the laws of nature are injustice, ingratitude, greed or inhumanity, vindictiveness , cruelty, incivility or contumely, pride, arrogance, and unfairness . The corresponding virtues that are prescribed by the laws of nature are justice, gratitude, humanity or complaisance, mercy, , civility, humility, , modesty, and equity. The difficulty of coming up (...) with names for some of the virtues, and even for some of the vices, shows that they are not all among the most common moral virtues and vices. Nonetheless, as described by Hobbes, they are genuine moral virtues and vices, traits of character such that all impartial rational persons would favor everyone having the virtues and no one having the vices. All of these virtues are such that they benefit everyone impartially by promoting peace, and are not primarily of benefit to the person having them. This is what makes them moral virtues and distinguishes them from the personal virtues of courage, prudence, and temperance. The laws of nature are the dictates "of right reason, conversant about those things which are either to be done or omitted for the constant preservation of life and members, as much as in us lies." But the law of nature "dictating peace, for a means of the conservation of men in multitudes;" is also the moral law because "in the means to peace, [it] commands also good manners, or the practice of virtue; and therefore it is called moral." Hobbes correctly sees both that peace benefits all persons impartially and that impartiality is essential to morality. His account of the moral virtues correctly makes them traits of character that would be favored by all impartial persons. His argument for the rationality of these moral virtues is that one's self-interest, which for Hobbes is primarily one's long-term preservation, is enhanced by having these virtues. There is no incompatibility between morality and self-interest as long as what is in one's own self-interest is equally in the interest of everyone else. Hobbes sees this point quite clearly and it is at the heart of his justification of the moral virtues. (shrink)

This essay analyzes the relationship between rights and the rule of law through the investigation of the jurisprudence of three significant figures in the liberal tradition: Ronald Dworkin, Michael Oakeshott, and John Finnis. Dworkin’s approach, which attempts to defend natural rights and to contribute to improving the general communal welfare, is shown to result in a strong role for judges to navigate between protecting rights and the common good where the rule of law is put in the service of (...) social evolution. Oakeshott’s ideal of civil association is explored as an example of a non-instrumental practice. Here the rule of law and political authority contribute to a mode of association that does not coerce or subordinate individuals’ self-chosen purposes to a communal one. Attempting to navigate between normative concerns and the proceduralism of a rule of law, Finnis’ natural law approach is shown to respect the universal human desire to flourish and the individual nature of that search embodied in our modern political vocabulary of rights. Law provides the necessary conditions for human flourishing and thus is both the symbolic and the real realm where we ceaselessly attempt to reconcile individual demands and collective needs in light of our limitations and views of the human good. (shrink)

The tradition of natural law is one of the foundations of Western civilization. At its heart is the conviction that there is an objective and universal justice which transcends humanity’s particular expressions of justice. It asserts that there are certain ways of behaving which are appropriate to humanity simply by virtue of the fact that we are all human beings. Recent political debates indicate that it is not a tradition that has gone unchallenged: in fact, the opposition is as (...) old as the tradition itself. By distinguishing between philosophy and ideology, by recalling the historical adventures of natural law, and by reviewing the theoretical problems involved in the doctrine, Simon clarifies much of the confusion surrounding this perennial debate. He tackles the questions raised by the application of natural law with skill and honesty as he faces the difficulties of the subject. Simon warns against undue optimism in a revival of interest in natural law and insists that the study of natural law beings with the analysis of “the law of the land.” He writes not as a polemicist but as a philosopher, and he writes of natural law with the same force, conciseness, lucidity and simplicity which have distinguished all his other works. (shrink)

In this chapter, I argue that the laws of nature that comprise Hobbes’s moral philosophy and both ground and constrain his political philosophy articulate a requirement of reciprocity. Hobbes derives the reciprocity requirement as a theorem of reason from our human nature as rational agents necessarily concerned to make our agency effective. The laws of nature impose a demand to join political society, as well as impose duties on both subjects and sovereigns, and constrain behavior among nations. I explain the (...) relation that the laws of nature bear to civil law and to divine positive law and offer an account of the source of their normativity that contrasts with familiar scholarly accounts. (shrink)

In this paper, I attempt to defend an older, non-normative approach to Hobbes's philosophy. I argue, against recent theories that maintain Hobbes's philosophy contains a normative theory of human behavior “which prescribes proper or morally permissible modes of action both within civil society and outside it”, that Hobbesian natural right and natural law are not normative postulates of a moral theory of political obligation but, rather, were considered by Hobbes to be, in the case of natural (...) right, empirically verifiable hypotheses about human nature, and in the case of the laws of nature, nothing more than rationally consistent principles of natural self-interest, or the logic of natural right, based on the principles of Hobbes's physics and psychology. (shrink)

The author emphasizes the leading role of Kant's philosophy and neo-Kantianism in spreading the theory of natural law on Ukrainian territory. The article emphasizes that the idea of natural law was considered in the circles of the Ukrainian intelligentsia as a component of the general system of idealistic views. The intelligentsia was critical of positive law and called for the correction of its defects with the help of moral goals. The author compares rationalist and religious-ethical approaches to issues (...) of ethical origin and natural human rights. (shrink)

This article seeks to justify the claim that Thomas Aquinas proposed a concept of natural law which is immune to the argument against the recognition of an objective grounding of the good formulated by a well-known representative of the liberal tradition, Isaiah Berlin, in his famous essay “Two Concepts of Freedom.” I argue that Aquinas’s concept of freedom takes into account the very same values and goals that Berlin set out to defend when he composed his critique of (...) class='Hi'>natural law. In particular, the article suggests that Aquinas recognizes freedom as a greater perfection of man than rationality, and that this freedom is realized, among other things, through the co-construction of the good that gives a goal and a shape to human action and to the whole of a person’s life. I argue that the co-construction of such a good involves the co-construction of natural law in the strict sense of the term. Indeed, the content of natural law can be understood as a set of goods which are goals that inform human action. From a human perspective, natural law is not a pre-existing recipe which has merely to be “read.” Defining the concrete content of natural law is an ongoing process. The process of defining natural law’s content takes humanly knowable, objective elements into account, and so draws on knowledge. Yet free choice also plays an important part in this process. When speaking of the process of defining the content of natural law, therefore, and in determining what here-and-now is to be done, it is reasonable to describe man as a creator of the natural law, or as a legislator, just as the members of a parliament are the creators of civil law — bearing in mind that only a just law is truly law and therefore the creation of both civil and natural law reaches only as far is the scope of just actions directed by these laws. From the perspective of human action, we may speak of each person’s free choice to establish a given good as the end of a specific act, and in so doing to declare that action proper under natural law in the strict sense of the term (which differs from the rules of natural law). An appreciation of what is particular and individual (particulare et individuum), and an appreciation of free choice that goes hand-in-hand with this, is deeply embedded in Thomas’s system of thought. Particularity and individuality has its basis in an especially excellent way of human existence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Black Natural Law by Vincent W. LloydDaniel A. MorrisBlack Natural Law Vincent W. Lloyd NEW YORK: OXFORD UNIVERSITY PRESS, 2016. XV + 180 PP. $49.95Black Natural Law introduces and analyzes a "tradition" (Vincent Lloyd's term throughout the text) of African American natural law reflection. In so doing, Lloyd dismantles stubborn boundaries between Christian ethics, black religion, and American religious history. Black Christian writers such (...) as Frederick Douglass are often confined to the category of "history" and rarely elevated to esteemed intellectual disciplines such as "theology" and "ethics." Lloyd reverses that tendency. Like Catherine Bell, Robert Orsi, Miguel De La Torre, and others, he makes us question the hierarchical dualism between thought and practice, and our habit of associating white Christianities with the former and nonwhite Christianities with the latter. This book is worth reading for that feature alone. But there are many other worthwhile arguments as well.In his surveys of Frederick Douglass, W.E.B. DuBois, Anna Julia Cooper, and Martin Luther King Jr., Lloyd identifies a coherent tradition of natural law reflection in African American Christianity that imagines a concentric series of laws, including God's law, moral law, and civic law. The tradition emphasizes the image of God in all human beings and thus the "inherent value of human life" (22). Black natural law reflection is distinctive primarily because it is rooted in black experience. At its core, it is informed by experiences of oppression sponsored by the civic law. Critique of ideology (which Lloyd sometimes uses as a synonym for civic/worldly law) is at the heart of black natural law, as is the organizing of social movements as a practical outgrowth of that critique. Lloyd also shows that black natural law sets itself apart from its white/European counterparts by understanding reason and emotion as mutually informing: emotion does and indeed should inform reason in moral reflection. And because God privileges the oppressed, black natural law also emphasizes its own priority over white theological ethics. Through close readings of black theologians, Lloyd pulls all these features together and persuasively shows that there is a coherent tradition of black natural law thinking in American Christianity. This primary argument is clear and indispensable for scholars of either black theology or natural law (or both).Lloyd also makes a provocative historical argument: the tradition began to decline after the civil rights movement and is currently in a state of disarray. He writes that "elements of black natural law continued to be invoked in various [End Page 199] ways during the decades that followed the civil rights movement—invoked in ways that were disconnected from the tradition" (120). He shows that literary, activist, and political uses of natural law ideas within black communities have lost the coherence and distinctive features that they once had. This argument includes innovative interpretations and critiques of James Baldwin, Audre Lorde, Barack Obama, Clarence Thomas, and others. This argument is all the more worthwhile for scholars and students of ethics and American religious history because Lloyd notes that a coherent expression of black natural law could help meet the crisis of mass incarceration.The book could, at times, engage secondary sources more effectively; for example, which natural law theories "focus exclusively on the human capacity to reason" (38)? How have other scholars understood Douglass's invocation of natural law concepts? It also offers an underdeveloped critique of pragmatism. These quarrels are trivial, though, in light of the thought-provoking arguments that Lloyd offers. Scholars working on Christian ethics, American religious thought, and black Christianity should all read this book. Black Natural Law would fit well on upper-level and graduate syllabi in these fields.Daniel A. MorrisAugustana CollegeCopyright © 2017 Society of Christian Ethics... (shrink)

Law in Civil Society advances a new and comprehensive theory of how legal institutions should be reformed to uphold the property, family, and economic rights of individuals in civil society. In so doing, it offers a powerful challenge to the dominant legal theories and practices espoused by liberalism, positivism, natural law, and critical legal thought. Winfield argues against the prevailing assumptions of legal philosophers who dogmatically embrace formal or historical conceptions of law. True law, he contends, must (...) be constructed within the context of the different spheres of rights and ultimately can only exist within a civil society committed to self-determination and community. Working from these fundamental premises, he analyzes in detail a rich array of important legal issues: fair access to legal representation, the rationale for jury trials, appropriate distinctions between civil and criminal legal procedures, the controversies pitting common law versus codification and adversarial versus inquisitorial systems of trial, and the relationship between civil society and the state. Much inspired by Hegel's Philosophy of Right, Winfield's study offers the most convincing critique yet of that renowned philosopher's work and, in the process, provides a more complete and coherent conception of law than Hegel himself articulated. Provocative and highly instructive, the book should attract scholars, teachers, and students in legal and political philosophy and anyone else with an abiding interest in the foundations of Western law. (shrink)

As moral standards, natural law and the notion of properly functioning human nature have persisted in Western cultures from the dawn of civilization. Medieval Christians developed it in their theologies. However, Enlightenment criticism of medieval thought undermined the credibility of natural law and its authority for modern man. Jacques Maritain developed a rational foundation for natural law and sought to provide objectivity to natural law precepts. His theory also reestablishes the divine authority of natural law (...) for a world without faith. Maritain locates the primary disclosure of natural law in the conscience’s moral reflection in a controversial act of pre-conceptual or non-conceptual knowledge called connatural knowledge. (shrink)

RESUMEN Este artículo se ocupa de la doctrina del reconocimiento que Hobbes dejó claramente insinuada a lo largo de sus escritos políticos. Para ello, aborda la exposición sistemática del canon de "leyes naturales" que elaborara Hobbes en obras como Elementos de Derecho Natural y Político, Tratado sobre el Ciudadano y Leviatán. Nuestra tesis de fondo es que la exposición de estas leyes, llamadas también por Hobbes "leyes morales", lleva al autor a postular la idea de que la "igualdad (...) class='Hi'>natural" de los hombres, por la cual entiende la igualdad de derechos, no ya la igualdad de poder, solo se ve asegurada en la medida en que los individuos se reconozcan intersubjetivamente como portadores de los mismos derechos que, en tanto que hombres, les pertenecen. La tesis señalada pretende evidenciar que, contrario a lo que expone la lectura tradicional de Hobbes, que se concentra en la índole absolutista del poder, Hobbes remonta la posibilidad misma de la vida civil y política, no ya a mediación del Estado absoluto y su poder coercitivo, sino al reconocimiento intersubjetivo de los derechos, el cual obtiene su fuerza normativa de la conciencia moral de cada hombre. Este artículo se propone mostrar que con su postulado Hobbes logra esbozar una protomoral del reconocimiento que repercutiría en el discurso filosófico de la modernidad. Este propósito es uno con el de mostrar las dificultades, las tensiones y los límites del planteamiento hobbesiano. ABSTRACT This paper deals with the doctrine of recognition that Hobbes clearly implied throughout his political writings. To this end, it deals with the systematic exposition of the canon of "natural laws" that Hobbes elaborated in works such as Elements of Natural and Political Law, Treatise on the Citizen and the Leviathan. Our underlying thesis is that the exposition of these laws, also called "moral laws" by Hobbes, leads the author to postulate the idea that the "natural equality" of men, by which he understands equality of rights, not equality of power, is only assured to the extent that individuals are intersubjectively recognized as bearers of the same rights that, as men, belong to them. This thesis seeks to show that, contrary to the traditional reading of Hobbes, which concentrates on the absolutist nature of power, Hobbes traces the very possibility ofcivil and political life, not to the mediation of the absolute State and its coercive power, but to the intersubjective recognition of rights, which obtains its normative force from the moral conscience of each man. The present article intends to show that with its postulate, Hobbes manages to outline a protomoral of recognition, which would not remain without repercussion in the philosophical discourse of modernity. This purpose is one with the one to show the difficulties, the tensions and the limits of the Hobbesian approach. (shrink)

John Finnis proposes that practical reason finds the basic meaning of all human choice and action in a set of self-evident ends. Finnis terms these ends, "basic goods." He suggests that "integral human fulfillment" is attained by honoring a set of equally self-evident requirements governing consistent respect for these same "basic goods." Such requirements have the character of moral obligation. In this view, the civil law exists to advance the observance of one such requirement: "that one foster and favour (...) the common good." The normative evaluation of law follows from this same requirement. Finnis considers Aquinas his precursor. Thomas does indeed assume the existence of self-evident goods of choice and action, but, in contrast to Finnis's goods, which are not based in ontology, Thomas's represent modes of becoming fully a human being according to a conception of human nature. H. L. A. Hart is a liberal thinker who was Finnis's contemporary and teacher at Oxford. A comparison of Finnis and Hart shows that Hart's characteristically modern perspective interprets the data of moral consciousness in a way which rejects not only Aquinas's ontology, as does Finnis, but goes further and rejects Finnis's cognitive interpretation of "basic goods." Comparison also shows that Hart shares Finnis's concept of law as technique, but unlike Finnis, who still grasps law in relation to a moral purpose, Hart's considers such a technique to be morally neutral. These patterns of similarity and difference between the natural law jurisprudence of John Finnis and the theories, respectively pre-modern and liberal, of Aquinas and Hart point to the distinctive character of Finnis's "basic goods" reasoning and highlight some of its salient strengths and weaknesses. (shrink)

With reference to the Dutch model, which has been adopted by the Lithuanian Civil Code, the possibility to renounce Investigation Proceedings in the Articles of Incorporation or shareholder agreements is analysed in this article. The mandatory nature of the Investigation Proceedings is derived from the provisions of the Code, mainly: from an active role of the court, typical to the cases with the element of public interest, from specific rules for protecting the public interest in the course of the (...) Investigation Proceedings, also taking into account statutory duties of managers, the scope of which may not be narrowed by SHA, and the fact, that the Investigation Proceedings is generally designated to be an instrument to safeguard the interests of minority shareholders against the abuse of their rights by the company, and, finally, acknowledging the extraordinary nature of remedies available in the Investigation Proceedings. (shrink)

This book presents an introduction to the principles of scientific naturalism, which holds that nature is a self-sufficient reality that can be explained by natural causes and laws. Franklin explores the implications of this worldview for our understanding of the world and the place of humanity within it. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

All of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back to nineteenth-century (...) Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have 'hollowed out' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projects central to civil society. (shrink)

Are Hobbes's laws of nature to be understood primarily as theorems of reason, or as commands of God, or as commands of the civil sovereign? Each of these accounts can be given textual support; each identifies a role that the laws may be thought to play. Examining the full range of textual references, discussing the place of the laws of nature in Hobbes's argument, and considering how the laws may be known, give strongest support to the first of the (...) three accounts, that the laws are primarily rational precepts and only secondarily civil and divine commands. (shrink)

Nature and civilization are often regarded in opposition to each other. However, civilization employs technologies and is based on laws of nature. Also, the historical world is a result of the development of the natural world. An “anti-nature” must thus be contained somewhere within nature. The idea of “ anti-nature ” is neither alien to the Eastern nor to the Western traditional concepts of nature. The philosophy of Lao Zi never embraces mere naturalism. Lao Zi has observed that things (...) in the world are not always “ so on their own ” but rather in the mode of anti-nature. A nti-nature in nature itself does not become expressive until Christian theology, in which the origin of evil is reflected upon. The last part of the paper begins with one Buddhist thought expressed in the Diamond Sutra: “The world is not the world that is named the world.” Through naming of a thing, this thing is objectified or substantialized, and an objectified thing is not the thing itself. This self is “ śūnya ”, a non-world, which is what the world is. This non-world (as well nature) is first and foremost concealed by ego-consciousness that tends to objectify the things. E go-consciousness as this anti-nature tends to conceal this non-nature, and begins to act in the form of technology. The radical way of solving the problems caused by this “anti-nature” must begin with gaining an insight into the nature of ourselves as well as the nature of technology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689 by Simon P. KennedyFrancis J. BeckwithKENNEDY, Simon P. Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689. Edinburgh: Edinburgh University Press, 2022. ix + 125 pp. Cloth, $110.00In this monograph Simon P. Kennedy offers an account of the desacralization of politics in the West by critically examining the works of five central figures in the (...) Protestant Reformed tradition: John Calvin (1509–64), Richard Hooker (1554–1600), Johannes Althusius (1557–1638), Thomas Hobbes (1588–1679), and John Locke (1632–1705). He dedicates a chapter to each thinker. The core of Kennedy's thesis is that desacralization is the result of a shift in the way modern thinkers like Hobbes and Locke reimagined the nature of natural law. The medieval tradition, having found its fullest expression in the work of St. Thomas Aquinas, saw natural law as one of four different types of law: eternal law (the eternal plan of creation in the mind of God), natural law (the rational creature's participation in the eternal law), human law (civil laws that are derived from the natural law), and divine law (the Old and New Testaments). According to Kennedy, the eventual desacralization of politics was set in motion with the development of arguments for natural rights that relied on a natural law that was in [End Page 553] practice severed from eternal law. But in that case, our political institutions—which are founded on the natural law—are purely human constructions and thus entirely secular.The usual story is that the Protestant Reformation constituted the decisive break with the medieval tradition and that it was the political theology of the reformers and their immediate successors that made the secularization of politics nearly inevitable. Kennedy wants to push back against that story. He argues, quite convincingly, that Calvin, Hooker, and Althusius, all Reformed Protestants, were in continuity with their medieval predecessors. Although Calvin is often depicted by his contemporary followers—especially among American Evangelicals—as hostile to the natural law tradition, Kennedy marshals an impressive case that shows that classical natural law seemed almost second nature to Calvin. My own sense is that the confusion over Calvin is the result of his contemporary readers expecting him to use the vocabulary of an Aquinas or a Duns Scotus. But not finding that vocabulary, they conclude that he rejected the natural law. Kennedy dispels that confusion by showing that Calvin in fact was fully committed to the four types of law absent the technical jargon of medieval scholasticism.Hooker and Althusius, writes Kennedy, continue in that tradition, though with a bit of a twist that some argue portends to Hobbes and Locke. Hooker and Althusius use the language of contract to account for the origin of certain aspects of political life. But Kennedy insists that it is a mistake to interpret them as proto-contractarians (as one finds in Hobbes and Locke), for they still held that the natural law participates in the eternal law, and that any agreements employed in the service of political life are under the authority of, and guided by, the natural law. One could argue, then, that these "contracts," like constitutions and treaties, are nonstatutory manifestations of the human law, which is perfectly consistent with classical natural law. So like Calvin before them, Hooker and Althusius were, as Kennedy puts it, theistic political naturalists.Hobbes and Locke are a different story. According to Kennedy, they both defended desacralized views of politics, with Hobbes being the more extreme of the two. Although I think he is correct in that assessment, I am not sure he locates the cause of the desacralization in the right place. For example, he says that because for Locke politics is artificial and not natural—that is, it is the result of a social contract to insulate members of society from the instability of a state of nature—politics is desacralized, even though God is the ultimate source of the natural law. But it is not clear how that in and of itself desacralizes politics. After all, Aquinas, the paradigm case of a classical natural lawyer, held... (shrink)

For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general (...) misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real one(s). It seeks to understand not only the usual adversaries of natural law (like legalists, positivists and historicists) but also its further enemies, the inner enemies of natural law, such as internal aporias, political and ideological manipulations, etc. The book puts forward a reasoned and balanced examination of this treasure of western political and juridical though. And, if we look at it another way, natural law is by no means a loser in our times: because it lives in modern human rights. (shrink)

This is a review of Marc Lange's _Natural Laws in Scientific Practice<D>.

"Perhaps more than any other scientist of our century, Edward O. Wilson has scrutinized animals in their natural settings, tweezing out the dynamics of their social organization, their relationship with their environments, and their behavior, not only for what it tells us about the animals themselves, but for what it can tell us about human nature and our own behavior. He has brought the fascinating and sometimes surprising results of these studies to general readers through a remarkable collection of (...) books, including The Diversity of Life, The Ants, On Human Nature, and Sociobiology. The grace and precision with which he writes of seemingly complex topics has earned him two Pulitzer prizes, and the admiration of scientists and general readers around the world.In Search of Nature presents for the first time a collection of the seminal short writings of Edward O. Wilson, addressing in brief and eminently readable form the themes that have actively engaged this remarkable intellect throughout his career.""The central theme of the essays is that wild nature and human nature are closely interwoven. I argue that the only way to make complete sense of either is by examining both closely and together as products of evolution.... Human behavior is seen not just as the product of recorded history, ten thousand years recent, but of deep history, the combined genetic and cultural changes that created humanity over hundreds of thousands of years. We need this longer view, I believe, not only to understand our species, but more firmly to secure its future.The book is composed of three sections. ""Animal Nature, Human Nature"" ranges from serpents to sharks to sociality in ants. It asks how and why the universal aversion to snakes might have evolved in humans and primates, marvels at the diversity of the world's 350 species of shark and how their adaptive success has affected our conception of the world, and admonishes us to ""be careful of little lives""-to see in the construction of insect social systems ""another grand experiment in evolution for our delectation.""The Patterns of Nature"" probes at the foundation of sociobiology, asking what is the underlying genetic basis of social behavior, and what that means for the future of the human species. Beginning with altruism and aggression, the two poles of behavior, these essays describe how science, like art, adds new information to the accumulated wisdom, establishing new patterns of explanation and inquiry. In ""The Bird of Paradise: The Hunter and the Poet,"" the analytic and synthetic impulses-exemplified in the sciences and the humanities-are called upon to give full definition to the human prospect.""Nature's Abundance"" celebrates biodiversity, explaining its fundamental importance to the continued existence of humanity. From ""The Little Things That Run the World""-invertebrate species that make life possible for everyone and everything else-to the emergent belief of many scientists in the human species' possible innate affinity for other living things, known as biophilia, Wilson sets forth clear and compelling reasons why humans should concern themselves with species loss. ""Is Humanity Suicidal?"" compares the environmentalist's view with that of the exemptionalist, who holds that since humankind is transcendent in intelligence and spirit, our species must have been released from the iron laws of ecology that bind all other species. Not without optimism, Wilson concludes that we are smart enough and have time enough to avoid an environmental catastrophe of civilization-threatening dimensions-if we are willing both to redirect our science and technology and to reconsider our self-image as a species.In Search of Nature is a lively and accessible introduction to the writings of one of the most brilliant scientists of the 20th century. Imaginatively illustrated by noted artist Laura Southworth, it is a book all readers will treasure.". (shrink)

Abstract:Natural law theory has a long history, going back to the Stoics. Ernst Bloch, a twentieth-century Marxist theorist, offered a compelling radical reconstruction of natural law, locating its source in the resistance of those whose natural law entitlements are being denied. That resistance, Bloch held, constitutes a critical standpoint, which forms the basis for radical natural law. Bloch restricted the concept to humans, but it is here proposed that animals too have critical standpoints which constitute the (...) basis for radical natural law. (shrink)

First published in 1877, this book analyses the laws that govern human relations with society and with the natural world.

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)

That laws of nature play a vital role in explanation, prediction, and inductive inference is far clearer than the nature of the laws themselves. My hope here is to shed some light on the nature of natural laws by developing and defending the view that they involve genuine relations between properties. Such a position is suggested by Plato, and more recent versions have been sketched by several writers.~ But I am not happy with any of these accounts, not so (...) much because they lack detail or engender minor difficulties, though they do, but because they share a quite fundamental defect. My goal here is to make this defect clear and, more importantly, to present a rather different version of this general conception of laws that avoids it. I begin by considering several features of natural laws and argue that these are best explained by the view that laws involve properties, that this involvement takes the form of a genuine relation between properties, and, finally, that the relation is a metaphysically necessary one. In the second section I start at the other end, and by reflecting on the nature of properties arrive at a similar account of natural laws. In the final section I develop this account in more detail, with emphasis on the nature of the relation between properties it invokes. Along the way several natural objections to the account are answered. (shrink)

Every form of government, whether by its action or inaction, encourages certain forms of behavior and discourages others. The moral well being of a society necessitates its consideration of civil law's legitimate role in shaping moral character. In this paper, I will attepmt to argue that the Thomistic account of civil law is not merely negative, but entails a positive pedagogy that seeks to nurture the moral virtue of its citizens, for both the viciously inclined and those who (...) are already good. Furthermore, Aquinas’ theory of the common good is such that its role is not merely limited, i.e., through establishing some form of civic tranquility and providing basic goods of the material or economic order with little worry of the moral habits thus cultivated. The treatment of Thomas’ teaching on human law will not be fully exhausted in this paper. However, from examining the texts from the Summa Theologiae and the De Regno, it will appear evident that St. Thomas has provided a concise and intelligent framework for seeing and actualizing the necessary relationship between human law and moral virtue. (shrink)

Chapter 1 serves as an introduction to the vast topic of laws of nature. Thus, it first outlines the alleged characteristics of the laws of nature, namely truth, objectivity, contingency, necessity, universality, grounding counterfactuals and their role in science. Among these aspects, the peculiar modal status of laws of nature will be identified as the ‘holy grail’ of the debate. The second part of this chapter is concerned with the three main families of theories of laws of nature – neo-humean, (...) ADT and dispositional theories – which are introduced and evaluated in regard to the aforementioned characteristics. It will then be argued that among those theories, the dispositional ones show the greatest promise of being able to account for the natural necessity of the laws of nature. -/- Before a dispositional account of laws of nature can be given, dispositions themselves need to be understood. Consequently, Chapter 2 introduces various analyses of dispositions. As dispositions are pre-theoretically close to conditionals, a lot of analyses try to reduce dispositions to conditionals. This chapter critically assesses some chosen accounts: the simple conditional analysis, Carnap’s reduction sentences, the simple counterfactual conditional analysis, Lewis’ reformed conditional analysis, Malzkorn’s sophisticated con- ditional analysis, Choi and Gundersen’s context-dependent analysis, Manley and Wasserman’s gradable dispostion ascriptions, and Fara’s habituals. The prevention problem, which poses a threat to any account of dispositions, is depicted. It is argued that, ultimately, none of the conditionalising attempts is able to convince since they all exclude the problem cases which leads to explanation gaps and outlaw areas. -/- Chapter 3 contains the synchronic part of my preferred solution to the prevention problem. The notion of ‘component causes’ is introduced, and the ontological status of components discussed. Millikan’s oil drop experiment is depicted en detail. In a first step, making a distinction between dispositions and the resulting behaviour is advocated. Via the symmetry argument, mani- festations and masks are shown to be ontologically on a par. In a second step, a triadic account consisting of dispositions, wirkungen and resultant behaviour, is established. Finally, the ontological interpretation of the trias is given. It is in the nature of the dispositions to bring about the wirkungen. These interact via combinations rules like the functions f and fa or vector addition, which are built-in into to dispositions. -/- The diachronic part of my favourite interpretation, the triadic process picture of dispositions (TPD), is presented in chapter 4. The dynamics of dispo- sition manifestation are discussed and it is argued that fiddling with the trigger works only up to a certain point. Diachronic masking cases turn out to be no- torious. An excursus to action theory shows that the ontology needs to include processes, as understanding disposition manifestations as processes solves the diachronic prevention problem. The (TPD) can account for all counterexamples by taking the stimulus as the beginning of the manifestation process. -/- Chapter 5 applies the (TPD) to the debate about laws of nature. In order to judge its adequacy, the characteristics of laws of nature given in chapter 1 are consulted. As a first step, the criteria truth, objectivity, universality, grounding counterfactuals and their role in science are covered. It is sketched how the (TPD) can account for these. The second part of the chapter deals with the modal status of the laws of nature. The dispositional essentialist’s view that laws of nature are metaphysical necessary is depicted and then criticised. It is argued that metaphysical necessity is not the appropriate modal status of the laws of nature. Finally, the (TPD) account of the necessity of the laws of nature is presented: laws of nature are naturally necessary and metaphysically contingent. (shrink)

Rather than a history of seventeenth-century natural law, then, this chapter offers an outline of several different contextual uses of the language of natural law, as it was used in formulating the intellectual architecture for rival constructions of political and religious authority.

Contemporary social theory and natural law : Jurgen Habermas -- A natural-law critique of modern social theory : Karl Lowith, Leo Strauss and Eric Voegelin -- Natural law and the question of universalism -- Modern natural law I : Hobbes and Rousseau on the state of nature and social life -- Modern natural law II : Kant and Hegel on proceduralism and ethical life -- Classical social theory I : Marx, Tonnies and Durkheim on alienation, (...) community and society -- Classical social theory II : Simmel and Weber on the universality of sociability and reasonableness -- Social theory as the natural law of 'artificial' social relations. (shrink)

Burlamaqui, J[ean] J[acques]. The Principles of Natural Law.

This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human sociability (...) and reason, fostering a new methodology in German philosophy. This book assesses the first histories of political thought since ancient times, giving insights into the nature and influence of debate within eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, Natural Law Theories in the Early Enlightenment will be of great interest to scholars in history, political thought, law and philosophy. Natural Law Theories in the Early Enlightenment has been selected as the winner of the annual Morris D. Forkosch Prize for the best book in intellectual history published in 2000. (shrink)

This book breaks new ground in the study of Judaism, in philosophy, and in comparative ethics. It demonstrates that the assumption that Judaism has no natural law theory to speak of, held by the vast majority of scholars, is simply wrong. The book shows how natural law theory, using a variety of different terms for itself throughout the ages, has been a constant element in Jewish thought. The book sorts out the varieties of Jewish natural law theory, (...) illuminating their strengths and weaknesses. It also presents a case for utilising natural law theory in order to deal with current theological and philosophical questions in Judaism's ongoing reflection on its own meaning and its meaning for the wider world. David Novak combines great erudition in the Jewish tradition, the history of philosophy and law, and the imagination to argue for Judaism in the context of current debates, both theoretical and practical. (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)

Natural Law Today gives a strong voice to classical natural law theory as the best answers to the fundamental questions of ethics and as the best framework for political and social life. It explains various aspects of that theory and defends it against common misperceptions and criticisms.

An exposition of human dignity as the foundation of moral order. From this starting point, the author derives the most important precepts of natural law from human dignity in a systematic way. Using the principle of human dignity, the author then develops natural law precepts to guide human behavior in various areas of life corresponding to the natural inclinations: life issues, sexual issues, political issues, and the contemplative life.

One of the best-known members of the United Nations Commission which drafted the 1948 "Universal Declaration of Human Rights," Jacques Maritain, famously held that the "natural rights" or "human rights" possessed by every human being are grounded and justified by reference to the natural law.' In many quarters today, the notion of the natural law, and arguments for a set of natural rights grounded in the natural law, have come under fierce attack. One common line (...) of attack is illustrated by the arguments of some utilitarians, for whom "natural law thinking" is mistaken insofar as it implies that there is an absolute moral prohibition against violating any human being's "natural rights." Even if there is such a thing as "natural rights," these utilitarians argue, such rights - including even the natural "right to life" - are necessarily relational, and thus have meaning only within the context of a larger social whole. As a result, the argument goes, the supposed "natural rights" possessed by individual human beings are never inviolable or unconditional, but instead always negotiable and subject to being "traded away" for the sake of greater social utility. Consider just one alleged counter-example to the notion that there are inviolable or unconditional "natural rights": it is well-known that approximately 36,000 people in the United States die every year as a result of influenza infections or influenza-related complications.' There is little doubt that hundreds, and probably even thousands, of human lives would be saved every year if local governments were to pass laws requiring flu vaccinations for all members of at-risk populations (e.g., the very young and the very elderly). It would seem that there would be broad support for mandated flu vaccinations- no matter what the expense - if human lives would be saved and if the natural "right to life" is inviolable or unconditional.' And yet no such life-saving laws exist, apparently because citizens and legislators believe that the social costs and inconveniences would be too great. According to the utilitarian position, this demonstrates - contrary to what Ronald Dworkin and others say about rights' - that rights do not trump utility, but in fact are quite regularly and reasonably trumped by utility. In light of such contemporary understandings and policies, can natural law thinking about natural rights be made credible? In what follows, I shall argue that utilitarian thinkers are correct to hold that rights are intrinsically relational; but they are wrong to conclude that the relational character of rights entails that "natural rights" are not inviolable or not unconditional. (shrink)

This chapter contains sections titled: Traditional Natural Law Theory Modern Natural Law Theory Conclusion References.