This article makes a moral argument for universal access to health care and for the legitimate function of government to guarantee that access. Constructed as a reply to the libertarian argument against universal access, this article utilizes the moral and political theory of John Locke, favored by libertarianism, to develop a Lockean argument for a view contrary to the libertarian philosophy. In particular, the argument here shows how libertarianism’s neglect of a crucial element of the natural-law tradition, to which (...) Locke adhered, not only undercuts the libertarian objection to universal access to health care but also underwrites an alternative argument in favor of such. (shrink)

While most theorists agree with the claim that human beings have high and equal moral standing, there are strong disagreements about how to justify this claim. These disagreements arise because there are different ways of managing the difficulty of finding a basis for this claim, which is sufficiently substantial to do this justifying work, but not vary in degree in order to not give rise to inequality of moral considerability. The aim of this paper is to review previous attempts to (...) address this difficulty and to demonstrate why they fail and then to defend another way of dealing with this challenge by applying two views: the substance view on the human person and the natural-law account of morality. My claim is that this approach has comparative advantages because it provides a binary and a normatively significant basis of justification for equality without being implausibly inclusive. (shrink)

Today's ethical theory , both utilitarian and non-ontological theories dominated. However, we found that many of its subsequent development in the evolution of those who encourage virtue ethics, feminist care theory, social contract theory and the theory of rights-based build. But usually lacking in this discussion - the teaching of ethics by the majority of it seems - is the natural law theory. Natural law theory has its very long history, starting from the Stoic school, it had occupied (...) in the outside world, a strong Anglo-American influence . But today it is still a strong defender of its existence , Joseph Bauer , and Yue Hanfen Jonas ). But in any case it does absent in most contemporary research into ethics, even when it was put in time, is often quickly oppose the theory. Why this theory is often ignored or opposed? We can give a lot of reasons. Some will mention the problem with it ought to. That is contrary to natural law where the basic claim that a person who can not be on the moral statements of a person's actual state is. Some of the attacks this theory is the theory because it is a natural, stable together on it called) natural fallacy, moral assets is a "simple "and do not be a natural thing to be defined . Some critics oppose the natural law theory because they believe that all laws are based is only the ordinary and customs, so it does not matter the existence of any universal moral law. Others argue that natural law theory assumption that there exists, but there is no reason to believe the world for such a presence. Again, some people think that today there is a widespread skepticism that regardless of this objective, universal the existence of moral standards - in other words, a standard applied to all human beings, regardless of their cultural origin or its existence in time and space. In any case, even if this standard exists, we may still ask where they come from? Can we know what they are? And we can determine their legitimacy? In this paper, Maritain's natural law philosophy as a theoretical basis for showing this philosophy of good reasons to lies. Natural law and moral philosophy to provide the philosophy of the relationship and differences between the lies. Thus natural law is natural, because it - especially its first principles, "can be as good, evil can be avoided." - The content is naturally knowable. The first principle is not innate, but it still is not wrong with the talent. We can through all of the knowledge and understanding, to explain the different knowledge of natural law, natural law is the knowledge of the process. The world as we know more, we also know more of their own; we found congenital beyond time. But the fact of moral knowledge needs to transcend time, it does not make a relationship of knowledge, and scientific knowledge that is required is some, as it is relevant. It concluded that the object of this essay have been presented in Maritain's study of natural law. Of Maritain, natural law is "a tendency to order, one can find it, and it will have to act in accordance to meet the person and the nature of the purpose of the inevitable." Considerations of such a proposal is not only a description of human behavior, also on the basis of moral action and human rights standards. Maritain accepted the idea that this law is not only associated with the human and natural to be known. He believed that his theory of knowledge and to give arguments for metaphysics, we can have a human experience consistent with natural law theory of historical perception, as is should be a bridge, and explain why the differences in the nature of moral knowledge not against natural law of reason. If we can take this route - Maritain from the plant into the road on St. Thomas Aquinas - Maritain believe we can at least respond to the majority of the criticism of natural law theory. Of course, natural law theory, there are more than epistemology and metaphysics considerations. Obviously, there are many other kinds of law related to the demand . We also need to indicate whether we know something of natural law. How can we compare Maritain's theory of natural law and other laws of nature? In particular, once popular in the eighteenth century rationalist ideas. Nevertheless, it is obvious that a complete discussion of this article, we should not totally against Maritain's theory - it should be included in today's major moral theories. (shrink)

In the vast literature on human rights and natural law one finds arguments that draw on science or mathematics to support claims to universality and objectivity. Here are two such arguments: 1) Human rights are as universal (i.e., valid independently of their specific historical and cultural Western origin) as the laws and theories of science; and 2) principles of natural law have the same objective (metahistorical) validity as mathematical principles. In what follows I will examine these arguments in (...) some detail and argue that both are misplaced. A section of the paper will be devoted to a discussion of arguments relying on the historical and cultural specificity (and intrinsic superiority) of Western science. The conclusion is that both science and mathematics offer little help to anyone wanting to make use of them as paradigms of universality, objectivity, and rationality. Finally, I will draw some consequences for the idea of human rights. (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)

This article focuses on the history of the concept of natural law and the role which Aristotle, and especially his Rhetoric, has to play within it. It is sometimes suggested that the origins of the concept of law are to be located in the writings of Plato and Aristotle in the fourth century BCE. The article argues that there is evidence both in Aristotle's Politics and in his Rhetoric to support the view that this is not the case. In (...) these texts Aristotle suggests that the origins of the concept of natural law lie in the writings of the Sophists in the fifth century, some of whom used natural law arguments to question the legitimacy of slavery. (shrink)

Conventional wisdom holds that C. S. Lewis was uninterested in politics and public affairs. The conventional wisdom is wrong. As Justin Buckley Dyer and Micah J. Watson show in this groundbreaking work, Lewis was deeply interested in the fundamental truths and falsehoods about human nature and how these conceptions manifest themselves in the contested and turbulent public square. Ranging from the depths of Lewis' philosophical treatments of epistemology and moral pedagogy to practical considerations of morals legislation and responsible citizenship, this (...) book explores the contours of Lewis' multi-faceted Christian engagement with political philosophy generally and the natural-law tradition in particular. Drawing from the full range of Lewis' corpus and situating his thought in relationship to both ancient and modern seminal thinkers, C. S. Lewis on Politics and the Natural Law offers an unprecedented look at politics and political thought from the perspective of one of the twentieth century's most influential writers. (shrink)

EDITED BY SLAVENKO ŠLJUKIĆBOOK SYMPOSIUM ON KENNETH R. WESTPHAL’S HOW HUME AND KANT RECONSTRUCT NATURAL LAW.

Although we agree with Hommel et al. that perception and action refer to one another, we disagree that they do so via a code. Gibson (1966; 1979) attempted to frame perception-action as a field phenomenon rather than as a particle phenomenon. From such a perspective, perception and action are adjoint, mutually interacting through an information field, and codes are unnecessary.

'Autonomy' is originally a political notion. In this chapter, I argue that the political theory Kant defended while he was writing the _Groundwork_ sheds light on the difficulties that are commonly associated with his account of moral autonomy. I argue that Kant's account of the two-tiered structure of political legislation, in his _Feyerabend Lectures on Natural Law_, parallels his distinction between two levels of moral legislation, and that this helps to explain why Kant could regard the notion of 'autonomy' (...) as apt to express the principle of morality---at least in the mid 1780s. (shrink)

This paper provides a critical reconstruction of J. B. Erhard's account of recognition that locates it within the context of his revolutionary natural law theory. The first three sections lay out the foundations of Erhard's position. The fourth section outlines Erhard's response to the opponents of revolution and raises a problem for it. The fifth section argues that we can resolve this problem by drawing upon Erhard's account of failures of legal recognition. The sixth and final section considers the (...) relevance of that account for contemporary legal and political theory. (shrink)

This article engages two fundamentally different kinds of so-called natural law arguments in favor of specific moral absolutes: Elizabeth Anscombe's claim that certain actions are known to be intrinsically wrong through intuition, and John Finnis's claim that such actions are known to be wrong because they involve acting directly against a basic human good. Both authors maintain, for example, that murder and contraceptive sexual acts are known to be wrong, always and everywhere, through their respective epistemological lens. This article (...) uses the counter-example of anesthesia to challenge these two approaches to substantiating natural law claims. The paper concludes by rejecting the view shared by Professors Finnis and Anscombe that once one rejects these foundations for moral absolutes, one is left with moral subjectivism. In fact, one is left with moral absolutes of a more restricted nature, which are known philosophically, and with more robust moral absolutes held on religious grounds. Virtues are needed in the moral life, among other reasons, because such norms require discernment and integrity for their correct application. (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 was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.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.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. 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)

Die Rechtstheorie von Thomas von Aquin ist vermutlich die einflussreichste Darstellung der Naturrechtstheorie in der Rechtsphilosophie. Die zeitgenössische Literatur zur Naturrechtslehre zeigt jedoch, dass es nicht nur eine Art von Naturrechtstheorie gibt. Philosophen wie Mark C. Murphy haben hilfreiche Unterscheidungen zwischen verschiedenen Versionen der Naturrechtstheorie getroffen, indem sie versuchten, eine gemeinsame naturrechtliche Position zu identifizieren. Ziel dieses Artikels ist es, die folgende Frage zu beantworten: Welche Version der Naturrechtstheorie repräsentiert die Rechtstheorie des Thomas von Aquin am besten, da es verschiedene (...) Arten von Naturrechtstheorien gibt? Zunächst analysiere ich kritisch einige herausragende Versionen der Naturrechtstheorie. Diese Analyse bietet einen theoretischen Rahmen, um zu bestimmen, welche Art von Naturrechtstheorie Thomas von Aquin vertritt. Ich argumentiere, dass Thomas von Aquins Darstellung der Tyrannei in De Regimine Principum zeigt, dass er eine hybride Version der Naturrechtstheorie vertritt. Nach seiner Naturrechtstheorie gibt es eine moralische Mindestanforderung, die Regeln erfüllen müssen, um rechtsgültig zu sein; sobald dieses Minimum erreicht ist, ist jede Steigerung ihrer Moral auch eine Steigerung ihrer Legalität. Ich behaupte auch, dass die Naturrechtstheorie des Thomas von Aquin trotz ihrer Subtilität eine Schwäche aufweist, nämlich dass sie schwer mit dem gewöhnlichen Rechtsleben vereinbar ist. Die Ansicht, dass ein Gesetz „mehr oder weniger“ Gesetz sein könnte, und die Überzeugung, dass es für die Rechtsgültigkeit notwendige moralische Anforderungen gibt, sind nicht ausreichend durch die tatsächliche Rechtserfahrung begründet. (shrink)

Does God have any relevant role in the new natural law theory of Germain Grisez and John Finnis? Finnis declared in Natural Law and Natural Rights that he wanted to offer “a theory of natural law without needing to advert to the question of God’s existence or nature or will.” Grisez claims that “man’s ultimate beatitudo cannot consist in the vision of God.” Indeed, there is no consistent role for God in their philosophical theory. In this (...) article, the author shows that their mistakes about God depend first on their metaphysical way of looking at nature, which is closer to thinkers like Hume and Kant than to Aristotle and Aquinas; and second on some strong misunderstandings in moral philosophy about the concept of ultimate end. He shows the unfortunate theological outcome their flawed metaphysics and morality have already produced. National Catholic Bioethics Quarterly 13.1 (Spring 2013): 35–45. (shrink)

This paper will study the universality of natural law that Thomas Aquinas explains in Sententia Libri EthicorumV. In the 5th book of the Nicomachean Ethics, Aristotle tells the difference between natural law and positive law in the context of politic law. This reference point raises the question about the naturalness of the justice rules within the political society. Especially when it comes to the variability inherent in practical matters. Thomas, by contrast, appeals the first principles recognized by practical (...) intellect in order to support the universality of natural law. The comparison among the Aristotelian and Thomistic position on the universality of the natural law, would reflect doctrinal overcomings, continuities or ruptures between different authors that examine, however, a common topic. (shrink)