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Natural Law in Court

Natural Law in Court

Author: R. H. Helmholz

Publisher: Harvard University Press

ISBN: 9780674504585

Category: Law

Page: 285

View: 434

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Natural-law theory grounds human laws in universal truths of God’s creation. The task of the judicial system was to build an edifice of positive law on natural law’s foundations. R. H. Helmholz shows how lawyers and judges made and interpreted natural law arguments in the West, and concludes that historically it has advanced the cause of justice.

Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade

Natural Law Jurisprudence in U.S. Supreme Court Cases since Roe v. Wade

Author: Charles P. Nemeth

Publisher: Anthem Press

ISBN: 9781785272066

Category: Law

Page: 238

View: 849

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Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that the natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in “Natural Law and the US Supreme Court since Roe v. Wade” and by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.

Natural Law

Natural Law

Author: Howard P. Kainz

Publisher: Open Court Publishing

ISBN: 0812694546

Category: Law

Page: 172

View: 218

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Is there such a thing as an objective law of morality? Natural law theorists maintain that there is, and Natural Law probes the history and implications of this powerful concept. Tracing the development of natural law from ancient times to the present, the book also examines the leading figures, transitions, and turning points in the idea's evolution, and brings a natural law approach to contemporary issues such as abortion, homosexuality, and assisted suicide.

Immovable Laws, Irresistible Rights

Immovable Laws, Irresistible Rights

Author: Christine Pierce

Publisher: Feminist Ethics (Hardcover)

ISBN: UOM:39015050498438

Category: Law

Page: 171

View: 993

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Same-sex partnerships. Pregnancy through in vitro fertilization. Ending one's own life in dignity. All are deemed inherently wrong by the standards of natural law ethics, but for many people they represent legitimate life choices that are morally right. Now a leading feminist critic of the natural law tradition explores the ongoing confrontation between natural law and moral rights to argue that rights constitute a more solid grounding for ethics in human affairs—and for feminist thought. In this volume, Christine Pierce's important essays—including the celebrated "Natural Law Language and Women"—expand, reflect, and refine this central controversy. Reaching back to Aristotle and Aquinas and drawing on modern papal encyclicals and Supreme Court cases, Pierce demonstrates that the natural law tradition, with its doctrine of a supposed hierarchy of natural purpose, has served to mystify women's nature and thereby justify restricting women to a predetermined social stratum. Addressing issues that concern not only feminism but legal theory as well, she defends her views on equality and universalization against a growing postmodern critique and presents rights theory as an alternative to an ethics of responsibility based on Aristotelian notions of friendship and trust. Through tightly constructed arguments presented in engaging prose, Pierce conveys her deep knowledge of legal philosophy and her passion for rights as she takes on such issues as AIDS, gay marriage, animal liberation, and feminist separatism. She combats the prevailing view of Plato as sexist and explores Sartre's views of "holes and slime." She also examines the work of contemporary authors in ecology, biology, sociobiology, and religion to reveal their reliance on nature for ethical conclusions, and she criticizes recent efforts to root a feminist natural law in Thomism. With natural law concepts now in fashion with many conservatives and even some Supreme Court justices, Pierce's essays offer a necessary perspective on where current legal and ethical thinking is headed. Immovable Laws, Irresistible Rights is invigorating reading for all scholars, students, and interested readers who seek a better understanding of these arguments and the issues affected by them.

50 Questions on the Natural Law

50 Questions on the Natural Law

Author: Charles E. Rice

Publisher: Ignatius Press

ISBN: 9780898707502

Category: Law

Page: 381

View: 919

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Charles Rice, professor of the jurisprudence of St. Thomas Aquinas for the last twenty years at Notre Dame Law School, presents a very readable book on the natural law as seen through the teachings of Aquinas and their foundations in reason and Revelation. Reflecting on the most persistent questions asked by his students over the years, Rice shows how the natural law works and how it is rooted in the nature of the human person whose Creator provided this law as a sure and knowable guide for man to achieve his end of eternal happiness. This book presents the teachings of the Catholic Church in her role as arbiter of the applications of the natural law on issues involving the right to live, bioethics, the family and the economy. Charles Rice has produced a firmly grounded and accessible handbook which touches on the most important topics regarding natural law that will benefit readers of all backgrounds.

Natural Law in English Renaissance Literature

Natural Law in English Renaissance Literature

Author: R. S. White

Publisher: Cambridge University Press

ISBN: 9780521481427

Category: Literary Criticism

Page: 307

View: 566

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A wide-ranging study of a concept which underpinned Renaissance literature and continues to absorb contemporary thinkers.

Research Handbook on Natural Law Theory

Research Handbook on Natural Law Theory

Author: Jonathan Crowe

Publisher: Edward Elgar Publishing

ISBN: 9781788110044

Category: Law

Page: 464

View: 516

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p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial; min-height: 11.0px} span.s1 {font: 10.0px Helvetica} This thought-provoking Research Handbook provides a snapshot of current research on natural law theory in ethics, politics and law, showcasing the breadth and diversity of contemporary natural law thought. The Research Handbook on Natural Law Theory examines topics such as foundational figures in Western natural law theory, natural law ideas in a variety of religious and cultural traditions, normative foundations of natural law, as well as issues of law and governance. Featuring contributions by leading international scholars, this Research Handbook offers a valuable resource for scholars in law, philosophy, religious studies and related fields.

Common Law and Natural Law in America

Common Law and Natural Law in America

Author: Andrew Forsyth

Publisher: Cambridge University Press

ISBN: 9781108476973

Category: Law

Page: 173

View: 657

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Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.

Law, Courts, and Justice in America

Law, Courts, and Justice in America

Author: Howard Abadinsky

Publisher: Waveland Press

ISBN: 9781478645948

Category: Social Science

Page: 425

View: 436

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The eighth edition offers an updated and streamlined examination of the American system of law, courts, and justice. Part I (Law) reviews the history of courts and justice, common law and civil law systems, as well as law schools and legal education. Part II (Courts) discusses lawyers and the practice of law; unravels the structure and administration of federal and state court systems; delineates the appellate process, the Supreme Court, and judicial review; and describes the roles of judges, prosecutors, and criminal defense attorneys. Part III (Justice) demystifies the criminal justice process, negotiated justice, civil justice, juvenile justice, and alternative forms of justice. Throughout the book, landmark cases, important historical events, illustrative examples, and boxed items highlight or expand chapter content. Each of the twelve chapters concludes with an extensive summary, a list of key terms, and review questions. There is also a glossary that provides a summary of important terms.

A Court Divided: The Rehnquist Court and the Future of Constitutional Law

A Court Divided: The Rehnquist Court and the Future of Constitutional Law

Author: Mark Tushnet

Publisher: W. W. Norton & Company

ISBN: 9780393077513

Category: Law

Page: 416

View: 676

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"An incisive consideration of the Supremes, offering erudite yet accessible clues to legal thinking on the most important level."--Kirkus Reviews In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.

The Decline of Natural Law

The Decline of Natural Law

Author: Stuart Banner

Publisher: Oxford University Press

ISBN: 9780197556498

Category: Common law

Page: 265

View: 729

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The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.

Law and Philosophy

Law and Philosophy

Author: Sidney Hook

Publisher: [New York] : New York University Press

ISBN: UOM:39015002983032

Category: Jurisprudence

Page: 378

View: 358

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"Proceedings of the Sixth Annual New York University Institute of Philosophy ... New York, May 10-11, 1963." Includes bibliographical references. Legal obligation and the duty of fair play / John Rawls -- Civil disobedience and the duty of fair play / Milton R. Konvitz -- The Problem of Mr. Rawls' problem / John Courtney Murray -- Equality and obedience to law / Monroe C. Beardsley -- Utility and the obligation to obey the law / Richard C. Brandt -- Law, justice, and obedience / Sidney Hook -- Law and morality / John Ladd -- Fair play and civil disobedience / Ernest Nagel -- The obligation to obey the law and the ends of the state / Poland Pennock -- Justice and the common good / Richard Taylor -- The right to disobey / Paul Weiss -- In defense of natural law / H.S. Rommen -- The Myth of natural law / Kai Nielsen -- An Analysis of "In defense of natural law" / Wolfgang Friedmann -- Unnatural law / Raziel Abelson -- Natural right in itself and allegedly relativistic eudaemonism / David Baumbardt -- Huntsmen, what quarry? / Stuart M. Brown, Jr. -- Human nature and natural law / Arthur C. Danto -- On defining and defending natural law / William K. Frankena -- Elements of natural law philosophy / Jerome Hall -- Rule and case / Richard Kuhns -- Law, decision, and the behavorial sciences / Paul Kurtz -- Essence and concept in natural law theory / Frederick A. Olafson -- The metaphysics of natural law / Felix Oppenheim -- Either-or or neither-nor? / Kenneth Stern -- The nature of judicial reasoning / Edward H. Levi -- An analysis of judicial reasoning / Paul A. Freund -- "Neutral principles" and future cases / Louis Henkin -- Leges sine Logica Vanae / Richard M. Martin -- Legal formalism and formalistic devices of juristic thinking / Ilmar Tammelo -- Comments / Edward J. Boustein -- Comments / Michael H. Cardozo.