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Traditional Marriage and Public Law

Stephen Macedo

in Just Married: Same-Sex Couples, Monogamy, and the Future of Marriage

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691166483
eISBN:
9781400865857
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691166483.003.0003
Subject:
Law, Family Law

This chapter examines the philosophical argument, grounded in natural law, for regarding marriage as necessarily the union of one man and one woman. It first considers whether marriage is by nature ... More


The Limits of Ethics in International Relations: Natural Law, Natural Rights, and Human Rights in Transition

David Boucher

Published in print:
2009
Published Online:
October 2011
ISBN:
9780199203529
eISBN:
9780191695490
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203529.001.0001
Subject:
Political Science, Political Theory, International Relations and Politics

Ethical constraints on relations among individuals within and between societies have always reflected or invoked a higher authority than the caprices of human will. For over two thousand years ... More


The Foundations of Natural Morality: On the Compatibility of Natural Rights and the Natural Law

S. Adam Seagrave

Published in print:
2014
Published Online:
September 2014
ISBN:
9780226123431
eISBN:
9780226123578
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226123578.001.0001
Subject:
Philosophy, Political Philosophy

This book argues for a concept of natural morality that unites the concepts of natural rights and the natural law in a new and compelling way. Drawing on the thought of John Locke and St. Thomas ... More


The Foundations of the Rule of Law as a Moral Ideal

Raymond Plant

in The Neo-liberal State

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199281756
eISBN:
9780191713040
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199281756.003.0003
Subject:
Political Science, Comparative Politics, Political Theory

Given that the rule of law as embodied in the basic nomocratic order of the neo‐liberal state is based upon a moral ideal, and given that these rules as constitutional rules can be seen as a ... More


The Finnis Reconstruction

Anthony J. Lisska

in Aquinas’s Theory of Natural Law: An Analytic Reconstruction

Published in print:
1997
Published Online:
October 2011
ISBN:
9780198269670
eISBN:
9780191683732
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198269670.003.0006
Subject:
Religion, Philosophy of Religion

This chapter examines philosopher John Finnis' attempted reconstruction of natural law moral theory. It suggests that Finnis has undercut the functional view of Aristotelian ethics by suggesting that ... More


The Disfigured Face: Traditional Natural Law and Its Encounter with Modernity

Luis Cortest

Published in print:
2008
Published Online:
March 2011
ISBN:
9780823228539
eISBN:
9780823235681
Item type:
book
Publisher:
Fordham University Press
DOI:
10.5422/fso/9780823228539.001.0001
Subject:
Philosophy, Moral Philosophy

The central argument of this book is that the traditional notion of Natural Law has almost disappeared from the ethical and moral discourse of our time. For Thomas ... More


Academic Natures

Hugh White

in Nature, Sex, and Goodness in a Medieval Literary Tradition

Published in print:
2000
Published Online:
October 2011
ISBN:
9780198187301
eISBN:
9780191674693
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198187301.003.0002
Subject:
Literature, Early and Medieval Literature

This chapter considers how the natural has been treated in a broad range of academic writing from antiquity to the 15th century. The chapter is organized into several sections. ‘The Goodness of the ... More


Was It Good for You Too? The New Natural Law Theory and the Paradoxical Good of Sexbots

Joshua D. Goldstein

in Robot Sex: Social and Ethical Implications

Published in print:
2017
Published Online:
May 2018
ISBN:
9780262036689
eISBN:
9780262341981
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262036689.003.0010
Subject:
Philosophy, Moral Philosophy

We normally think of the so-called new natural law theory (NNLT) for its as a relentlessly conservative sexual ethic, one which argues both for the rightness only of “reproductive-type” sex (and that ... More


Jean Porter on Natural Law: Thomistic Notes

Lawrence Dewan

in Wisdom, Law, and Virtue: Essays in Thomistic Ethics

Published in print:
2007
Published Online:
March 2011
ISBN:
9780823227969
eISBN:
9780823237210
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fso/9780823227969.003.0016
Subject:
Religion, Philosophy of Religion

Jean Porter's book Natural and Divine Law aims at making theologians aware of medieval Scholastic theological discussions of natural law. The sources she consults include ... More


Natural Law and Positive Law

Robert P. George

in The Autonomy of Law: Essays on Legal Positivism

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198267904
eISBN:
9780191683404
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267904.003.0011
Subject:
Law, Philosophy of Law

Natural Law is said to have three sets of principles: a set of principles that direct human choice and action toward intelligible purposes; another set of intermediate moral principles that specify ... More


The Incarnation and Virtue Ethics

Linda Zagzebski

in The Incarnation: An Interdisciplinary Symposium on the Incarnation of the Son of God

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199248452
eISBN:
9780191600524
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199248451.003.0014
Subject:
Religion, Theology

Linda Zagzebski proposes a formal framework for an ethical theory in which the incarnation is central and the imitation of Christ the basic normative idea. Her formal framework of exemplarism makes ... More


The National-Socialist Campaign Against Natural Law

Ernst Fraenkel

in The Dual State: A Contribution to the Theory of Dictatorship

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198716204
eISBN:
9780191784378
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716204.003.0006
Subject:
Law, Legal History, Comparative Law

This chapter looks in detail at the rejection by the National-Socialists of Natural Law. The flat rejection of the rationalist traditions of Natural Law resulted in a conflict between ... More


From Natural Rights to the Natural Law

S. Adam Seagrave

in The Foundations of Natural Morality: On the Compatibility of Natural Rights and the Natural Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780226123431
eISBN:
9780226123578
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226123578.003.0004
Subject:
Philosophy, Political Philosophy

This chapter argues that the derivation of natural rights in the previous chapter necessarily entails an account of natural law. This connection is forged through a second “ordering fact” consisting ... More


National-Socialism and Communal Natural Law

Ernst Fraenkel

in The Dual State: A Contribution to the Theory of Dictatorship

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198716204
eISBN:
9780191784378
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716204.003.0007
Subject:
Law, Legal History, Comparative Law

This chapter describes in detail how the National-Socialist rejection of rational Natural Law aroused all social groups for whom rational Natural Law was a positive influence. The problem, however, ... More


What is Natural Law Like?

Waldron Jeremy

in Reason, Morality, and Law: The Philosophy of John Finnis

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675500
eISBN:
9780191757228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675500.003.0006
Subject:
Law, Philosophy of Law

This chapter analyses the theory of natural law. While acknowledging that John Finnis' work in Natural Law and Natural Rights is a valuable contribution to jurisprudence and practical philosophy, the ... More


The Complexity of Nature and the Cognitive Inexhaustibility of Things

Nicholas Rescher

in Nature and Understanding: The Metaphysics and Method of Science

Published in print:
2003
Published Online:
October 2011
ISBN:
9780199261826
eISBN:
9780191698781
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199261826.003.0003
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Science

This chapter examines the cognitive inexhaustibility of things and the complexity of nature. It explains that the Law of Natural Complexity renders nature pervasively complex and inexhaustible in its ... More


Boutroux’s Alternative: An Ontology of the Fact

Tyler Tritten

in The Contingency of Necessity: Reason and God as Matters of Fact

Published in print:
2017
Published Online:
May 2018
ISBN:
9781474428194
eISBN:
9781474438643
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474428194.003.0003
Subject:
Philosophy, Metaphysics/Epistemology

Boutroux, approximately 150 years prior to Meillassoux, already argued for the contingency of laws of nature, as well as truths of logic and mathematics. Boutroux, however, does not espouse ... More


How Persuasive Is Natural Law Theory?*

Kent Greenawalt

in From the Bottom Up: Selected Essays

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199756162
eISBN:
9780190608897
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756162.003.0005
Subject:
Political Science, Political Theory

“How Persuasive is Natural Law Theory?” explores natural law. What does it contribute, are its forms of reasoning universally valid, and what role may religious convictions play in general beliefs ... More


Cato, God, and Natural Law

Kirk M. Summers

in Morality After Calvin: Theodore Beza's Christian Censor and Reformed Ethics

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190280079
eISBN:
9780190280093
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190280079.003.0002
Subject:
Religion, History of Christianity

This chapter describes the circumstances surrounding the publication of Beza’s Cato and surveys the various editions. It situates the work within its literary and intellectual context, associating it ... More


The Repudiation of Rational Natural Law by National-Socialism

Ernst Fraenkel

in The Dual State: A Contribution to the Theory of Dictatorship

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198716204
eISBN:
9780191784378
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716204.003.0005
Subject:
Law, Legal History, Comparative Law

The chapter describes how the prerogative state was able to completely abolish the inviolability of the law. Since the doctrine of the inviolability of law is part of the heritage of rational Natural ... More


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