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Natural Law And Public Reason

Author : Robert P. George
ISBN : 0878407669
Genre : Law
File Size : 56. 12 MB
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"Public reason" is one of the central concepts in modern liberal political theory. As articulated by John Rawls, it presents a way to overcome the difficulties created by intractable differences among citizens' religious and moral beliefs by strictly confining the place of such convictions in the public sphere. Identifying this conception as a key point of conflict, this book presents a debate among contemporary natural law and liberal political theorists on the definition and validity of the idea of public reason. Its distinguished contributors examine the consequences of interpreting public reason more broadly as "right reason," according to natural law theory, versus understanding it in the narrower sense in which Rawls intended. They test public reason by examining its implications for current issues, confronting the questions of abortion and slavery and matters relating to citizenship. This energetic exchange advances our understanding of both Rawls's contribution to political philosophy and the lasting relevance of natural law. It provides new insights into crucial issues facing society today as it points to new ways of thinking about political theory and practice.

Natural Law Liberalism And Morality

Author : Robert P. George
ISBN : 0198259840
Genre : Law
File Size : 23. 93 MB
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Natural Law, Liberalism, and Morality brings together leading defenders of natural law and liberalism for a series of frank and lively exchanges touching upon critical issues of contemporary moral and political theory. The book is an outstanding example of the fruitful engagement of traditions of thought about fundamental matters of ethics and justice.

Natural Law Liberalism

Author : Christopher Wolfe
ISBN : 0521842786
Genre : Political Science
File Size : 46. 15 MB
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Liberal political philosophy and natural law theory are not contradictory, but - properly understood - mutually reinforcing. Contemporary liberalism (as represented by Rawls, Guttman and Thompson, Dworkin, Raz, and Macedo) rejects natural law and seeks to diminish its historical contribution to the liberal political tradition, but it is only one, defective variant of liberalism. A careful analysis of the history of liberalism, identifying its core principles, and a similar examination of classical natural law theory (as represented by Thomas Aquinas and his intellectual descendants), show that a natural law liberalism is possible and desirable. Natural law theory embraces the key principles of liberalism, and it also provides balance in resisting some of its problematic tendencies. Natural law liberalism is the soundest basis for American public philosophy, and it is a potentially more attractive and persuasive form of liberalism for nations that have tended to resist it.

Natural Law Liberalism

Author : Christopher Wolfe
ISBN : 9781139457989
Genre : Political Science
File Size : 55. 50 MB
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Liberal political philosophy and natural law theory are not contradictory, but - properly understood - mutually reinforcing. Contemporary liberalism (as represented by Rawls, Guttman and Thompson, Dworkin, Raz, and Macedo) rejects natural law and seeks to diminish its historical contribution to the liberal political tradition, but it is only one, defective variant of liberalism. A careful analysis of the history of liberalism, identifying its core principles, and a similar examination of classical natural law theory (as represented by Thomas Aquinas and his intellectual descendants), show that a natural law liberalism is possible and desirable. Natural law theory embraces the key principles of liberalism, and it also provides balance in resisting some of its problematic tendencies. Natural law liberalism is the soundest basis for American public philosophy, and it is a potentially more attractive and persuasive form of liberalism for nations that have tended to resist it.

Liberalism At The Crossroads

Author : American Public Philosophy Institute
ISBN : 0742532712
Genre : Political Science
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Liberalism at the Crossroads offers succinct, accessible, and well-written surveys of the ideas of the leading participants in the contemporary philosophical debate about liberalism. Christopher Wolfe brings together analyses of leading liberal thinkers from across the spectrum as well as influential critics of liberalism, including John Rawls, Ronald Dworkin, Robert Nozick, Michael Sandel, Richard Rorty, Joseph Raz, and William Galston. For the second edition, each chapter has been thoroughly revised, and new chapters on Susan Moller Okin, Richard Posner, and John Finnis have been added to include representatives of liberal feminism, law and economics, and natural law. The result is an invaluable overview of contemporary political theory, ideal for both students and scholars.

Natural Law Republicanism

Author : Michael C. Hawley
ISBN : 9780197582336
Genre : History
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"By any metric, Cicero's works are some of the most widely read in the history of Western thought. In this book, Michael Hawley suggests that perhaps Cicero's most lasting and significant contribution to philosophy lies in helping to inspire the development of liberalism. Individual rights, the protection of private property, and political legitimacy based on the consent of the governed are often taken to be among early modern liberalism's unique innovations and part of its rebellion against classical thought. However, this book demonstrates that Cicero's thought played a central role in shaping and inspiring the liberal republican project. Cicero argued that liberty for individuals could arise only in a res publica in which the claims of the people to be sovereign were somehow united with a commitment to universal moral law, which limits what the people can rightfully do. Figures such as Hugo Grotius, John Locke, and John Adams sought to work through the tensions in Cicero's vision, laying the groundwork for a theory of politics in which the freedom of the individual and the people's collective right to rule were mediated by natural law. This book traces the development of this intellectual tradition from Cicero's original articulation through the American Founding. It concludes by exploring how our modern political ideas remain dependent on the conception of just politics first elaborated by Rome's great philosopher-statesman"--

Flourishing Lives

Author : Gary Chartier
ISBN : 9781108623599
Genre : Law
File Size : 81. 49 MB
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This book elaborates, illuminates, and illustrates a confident and attractive account of social and political liberalism in light of a rich understanding of flourishing and fulfilment rooted in a version of natural law theory. Examining issues in ethics, law, and politics - including consumer responsibility, the assignment of grades by teachers, deception by lawyers, war and empire, and the use of victim-impact statements in parole decisions - Gary Chartier shows how natural law theory can effectively support pluralism, diversity, social equality, integrity, peace, and freedom.

Natural Law Today

Author : Christopher Wolfe
ISBN : 9781498576437
Genre : Philosophy
File Size : 36. 13 MB
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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.

Common Law And Liberal Theory

Author : James Reist Stoner
ISBN : UOM:39076001431787
Genre : Law
File Size : 59. 20 MB
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In this book, James Stoner's purpose is to recover the common law basis of American constitutionalism. American constitutionalism in general, he argues, and judicial review in particular, cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift.

Public Reason And Bioethics

Author : Hon-Lam Li
ISBN : 9783030611705
Genre : Philosophy
File Size : 52. 12 MB
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This book explores and elaborates three theories of public reason, drawn from Rawlsian political liberalism, natural law theory, and Confucianism. Drawing together academics from these separate approaches, the volume explores how the three theories critique each other, as well as how each one brings its theoretical arsenal to bear on the urgent contemporary debate of medical assistance in dying. The volume is structured in two parts: an exploration of the three traditions, followed by an in-depth overview of the conceptual and historical background. In Part I, the three comprehensive opening chapters are supplemented by six dynamic chapters in dialogue with each other, each author responding to the other two traditions, and subsequently reflecting on the possible deficiencies of their own theories. The chapters in Part II cover a broad range of subjects, from an overview of the history of bioethics to the nature of autonomy and its status as a moral and political value. In its entirety, the volume provides a vibrant and exemplary collaborative resource to scholars interested in the role of public reason and its relevance in bioethical debate.

In Defense Of Natural Law

Author : Robert P. George
ISBN : 0199242992
Genre : Business & Economics
File Size : 32. 43 MB
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In his collection George extends the critique of liberalism he expounded in Making Men Moral and also goes beyond it to show how contemporary natural law theory provides a superior way of thinking about basic problems of justice and political morality. It is written with the same combination of stylistic elegance and analytical rigour that distinguished his critical work. Not content merely to defend natural law from its cultural despisers, he deftly turns the tables and deploys the idea to mount a stunning attack on regnant liberal beliefs about such issues as abortion, sexuality, and the place of religion in public life.

Thomas Hobbes And The Natural Law

Author : Kody W. Cooper
ISBN : 9780268103040
Genre : Philosophy
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Has Hobbesian moral and political theory been fundamentally misinterpreted by most of his readers? Since the criticism of John Bramhall, Hobbes has generally been regarded as advancing a moral and political theory that is antithetical to classical natural law theory. Kody Cooper challenges this traditional interpretation of Hobbes in Thomas Hobbes and the Natural Law. Hobbes affirms two essential theses of classical natural law theory: the capacity of practical reason to grasp intelligible goods or reasons for action and the legally binding character of the practical requirements essential to the pursuit of human flourishing. Hobbes’s novel contribution lies principally in his formulation of a thin theory of the good. This book seeks to prove that Hobbes has more in common with the Aristotelian-Thomistic tradition of natural law philosophy than has been recognized. According to Cooper, Hobbes affirms a realistic philosophy as well as biblical revelation as the ground of his philosophical-theological anthropology and his moral and civil science. In addition, Cooper contends that Hobbes's thought, although transformative in important ways, also has important structural continuities with the Aristotelian-Thomistic tradition of practical reason, theology, social ontology, and law. What emerges from this study is a nuanced assessment of Hobbes’s place in the natural law tradition as a formulator of natural law liberalism. This book will appeal to political theorists and philosophers and be of particular interest to Hobbes scholars and natural law theorists.

Launching Liberalism

Author : Michael P. Zuckert
ISBN : UOM:39015055207800
Genre : Philosophy
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In this volume, prominent political theorist Michael Zuckert presents an important and pathbreaking set of meditations on the thought of John Locke. In more than a dozen provocative essays, many appearing in print for the first time, Zuckert explores the complexity of Locke's engagement with his philosophical and theological predecessors, his profound influence on later liberal thinkers, and his amazing success in transforming the political understanding of the Anglo-American world. At the same time, he also demonstrates Locke's continuing relevance in current debates involving such prominent thinkers as Rawls and MacIntyre. Zuckert's careful reconsideration of Locke's role as "launcher" of liberalism involves a sustained engagement with the hermeneutical issues surrounding Locke, an innovator who faced special rhetorical needs in addressing his contemporaries and the future. It also involves highlighting the novelty of Locke's position by examining his stance toward the philosophical and religious traditions in place when he wrote. Zuckert argues that neither of the dominant ways of understanding Locke's relations to his predecessors and contemporaries is adequate; he is not well seen as a follower of any orthodoxy nor of any anti-orthodoxy of his day, either philosophical or theological. He found a path to innovation that was philosophically radical but which was also able to connect with prevailing and accepted traditions. That allowed him to exercise a practical influence in history rarely, if ever, matched by any other philosopher. Zuckert illustrates that influence by showing how William Blackstone used Lockean philosophy to reshape the common law and how the Americans of the eighteenth century used Lockean philosophy to reshape Whig political thought. Zuckert argues that Locke's philosophy has continuing philosophic and political force, a proposition he demonstrates by arguing that Locke presents a form of political philosophy superior to that of the liberal theorists of our day and that he has solid rejoinders to contemporary critics of liberalism.

Natural Law And Modern Moral Philosophy Volume 18 Social Philosophy And Policy Part 1

Author : Ellen Frankel
ISBN : 0521794609
Genre : Philosophy
File Size : 38. 67 MB
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The essays in this volume--written by academic lawyers as well as legal and moral philosophers--address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy. Some of the essays explore the implications that natural law theory has for jurisprudence, asking what natural law suggests about the use of legal devices such as constitutions and precedents. Other essays examine the connections between natural law and natural rights.

Law As Politics

Author : David Dyzenhaus
ISBN : 0822322447
Genre : Philosophy
File Size : 21. 76 MB
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While antiliberal legal theorist Carl Schmitt has long been considered by Europeans to be one of this century's most significant political philosophers, recent challenges to the fundamental values of liberal democracies have made Schmitt's writings an unavoidable subject of debate in North America as well. In an effort to advance our understanding not only of Schmitt but of current problems of liberal democracy, David Dyzenhaus presents translations of classic German essays on Schmitt alongside more recent writings by distinguished political theorists and jurists. Neither a defense of nor an attack on Schmitt, Law as Politics offers the first balanced response to his powerful critique of liberalism. One of the major players in the 1920s debates, an outspoken critic of the Versailles Treaty and the Weimar Constitution, and a member of the Nazi party who provided juridical respectability to Hitler's policies, Schmitt contended that people are a polity only to the extent that they share common enemies. He saw the liberal notion of a peaceful world of universal citizens as a sheer impossibility and attributed the problems of Weimar to liberalism and its inability to cope with pluralism and political conflict. In the decade since his death, Schmitt's writings have been taken up by both the right and the left and scholars differ greatly in their evaluation of Schmitt's ideas. Law as Politics thematically organizes in one volume the varying engagements and confrontations with Schmitt's work and allows scholars to acknowledge—and therefore be in a better position to negotiate—an important paradox inscribed in the very nature of liberal democracy. Law as Politics will interest political philosophers, legal theorists, historians, and anyone interested in Schmitt's relevance to current discussions of liberalism. Contributors. Heiner Bielefeldt, Ronald Beiner, Ernst-Wolfgang Bockenforde, Renato Cristi, David Dyzenhaus, Robert Howse, Ellen Kennedy, Dominique Leydet, Ingeborg Maus, John P. McCormick, Reinhard Mehring, Chantal Mouffe, William E. Scheuerman, Jeffrey Seitzer

The Contribution Of Natural Law Theory To Moral And Legal Debate Concerning Suicide Assisted Suicide And Euthanasia

Author : Craig Paterson
ISBN : 9781599423289
Genre :
File Size : 76. 17 MB
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Legal Philosophies Of Russian Liberalism

Author : Andrzej Walicki
ISBN : UOM:39015012088053
Genre : Jurisprudence
File Size : 78. 84 MB
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In pre-revolutionary Russia, law was criticized from many points of view: in the name of Christ or the name of Marx, in defense of anarchism or of an idealized autocracy, on behalf of the Russian soul or of universal progress towards socialism. Examining the rich tradition of hostility to law, Walicki presents those Russian thinkers who boldly challenged this legacy of anti-legal prejudice by developing liberal philosophies of law, vindicating the value of human rights and rule of law. He discusses six leading theorists--Boris Chicherin, Vladimir Soloviev, Leon Petrazycki, Pavel Novgorodtsev, Bogdan Kistiakovsky, and Sergius Hessen--all of whom viewed law in the context of wider philosophical and social problems.

Inventing The Individual

Author : Larry Siedentop
ISBN : 9780674744738
Genre : Political Science
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Here, in a grand narrative spanning 1,800 years of European history, a distinguished political philosopher firmly rejects Western liberalism’s usual account of itself: its emergence in opposition to religion in the early modern era. Larry Siedentop argues instead that liberal thought is, in its underlying assumptions, the offspring of the Church.

The Theological Origins Of Liberalism

Author : Ismail Kurun
ISBN : 9781498527415
Genre : Political Science
File Size : 33. 79 MB
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This eye-opening book offers a critical survey of the true origins of liberalism. It challenges the widely held belief among social scientists that liberalism was developed in opposition to Christianity. Beginning with the Protestant Reformation, it illustrates how Christian thinkers reinterpreted Christianity and used a set of indemonstrable biblical presuppositions from their reinterpretations to develop the first liberal ideas, starting a process that culminates in the birth of the first liberal political theory in the writings of a devout Christian philosopher, John Locke. It explains how the Protestant Reformation, covenant theology, anti-trinitarianism and medieval Christian natural law theories formed the foundations of liberalism. Thus, the central claim of this book is that liberalism is better understood as a radical reinterpretation of Christianity that emerged in the post-Reformation and early modern period. As a logical consequence of revealing the hitherto generally neglected roots of liberalism, it eventually proposes that a legally pluralist liberal political theory is the best way to maintain human dignity and peace in multi-religious societies of today’s globalized world.

Questions Concerning The Law Of Nature

Author : John Locke
ISBN : 0801474590
Genre : Law
File Size : 29. 36 MB
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John Locke's untitled manuscript "Questions Concerning the Law of Nature" (1664) was his only work focused on the subject of natural law, a circumstance that is especially surprising since his published writings touch on the subject frequently, if inconclusively. Containing a substantial apparatus criticus, this new edition of Locke's manuscript is faithful to Locke's original intentions.

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