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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 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 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


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


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 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 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


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


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


Natural Law and Natural Rights in Early Enlightenment Copenhagen

Mads Langballe Jensen

in Philosophy, Rights and Natural Law: Essays in Honour of Knud Haakonssen

Published in print:
2019
Published Online:
September 2019
ISBN:
9781474449229
eISBN:
9781474460200
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474449229.003.0005
Subject:
Philosophy, Political Philosophy

This chapter discusses the earliest teaching of post-grotian natural law by Henrik Weghorst and Christian Reitzer in Copenhagen in the decades around 1700. This teaching has often been presented as ... 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


Islamic Natural Law Theories

Anver M. Emon

in Natural Law: A Jewish, Christian, and Islamic Trialogue

Published in print:
2014
Published Online:
June 2014
ISBN:
9780198706601
eISBN:
9780191778469
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198706601.003.0008
Subject:
Religion, Theology, Judaism

This chapter introduces readers to competing approaches to natural law in the classical Islamic legal tradition. The chapter narrows its analysis to a specific question, namely whether and to what ... 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


Introduction

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/9780226123578.003.0001
Subject:
Philosophy, Political Philosophy

The Introduction frames the argument presented in subsequent chapters against the backdrop of two rival approaches to natural moral foundations and intellectual history: the ... More


Philosophy, Rights and Natural Law: Essays in Honour of Knud Haakonssen

Ian Hunter and Richard Whatmore (eds)

Published in print:
2019
Published Online:
September 2019
ISBN:
9781474449229
eISBN:
9781474460200
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474449229.001.0001
Subject:
Philosophy, Political Philosophy

Honouring the work of Knud Haakonssen, this book consists of a series of studies that investigate the place of early modern natural law in the history of political thought. These studies follow ... 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


Locke on Natural Rights and 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/9780226123578.003.0002
Subject:
Philosophy, Political Philosophy

This chapter presents an interpretation of John Locke’s thought that focuses on his account of natural rights and the natural law in their relation to one another. This account depends upon Locke’s ... More


Theory and Practice in the Natural Law of Christian Thomasius

Ian Hunter

in Philosophy, Rights and Natural Law: Essays in Honour of Knud Haakonssen

Published in print:
2019
Published Online:
September 2019
ISBN:
9781474449229
eISBN:
9781474460200
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474449229.003.0008
Subject:
Philosophy, Political Philosophy

Christian Thomasius’s natural law works are usually interpreted as providing a philosophical theory for his positive public law treatises on church and constitutional law. This chapter argues to the ... 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


Natural Morality

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/9780226123578.003.0005
Subject:
Philosophy, Political Philosophy

This chapter argues for the compatibility of the ideas of natural rights and the natural law, a compatibility strong enough to give rise to the composite concept of natural morality. After revisiting ... More


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