Results for 'Natural Law, Finnis, Self-evidence, Hilbert, Aquinas, Gorsuch, Catholic Ethics'

977 found
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  1. The Conceptions of Self-Evidence in the Finnis Reconstruction of Natural Law.Kevin Lee - 2020 - St. Mary's Law Journal 51 (2):414-470.
    Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist (...)
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  2. Aquinas, Finnis and Non-naturalism.Craig Paterson - 2006 - In Matthew S. Pugh & Craig Paterson (eds.), Analytical Thomism: Traditions in Dialogue. Routledge.
    In this chapter I seek to examine the credibility of Finnis’s basic stance on Aquinas that while many neo-Thomists are meta-ethically naturalistic in their understanding of natural law theory (for example, Heinrich Rommen, Henry Veatch, Ralph McInerny, Russell Hittinger, Benedict Ashley and Anthony Lisska), Aquinas’s own meta-ethical framework avoids the “pitfall” of naturalism. On examination, the short of it is that I find Finnis’s account (while adroit) wanting in the interpretation stakes vis-à-vis other accounts of Aquinas’s meta-ethical foundationalism. I (...)
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  3. Traditional Catholic philosophy: baby and bathwater.James Franklin - 2006 - In M. Whelan (ed.), Issues for Church and Society in Australia. St Pauls. pp. 15-32.
    The teaching of the Aquinas Academy in its first thirty years was based on the scholastic philosophy of Thomas Aquinas, then regarded as the official philosophy of the Catholic Church. That philosophy has not been so much heard of in the last thirty years, but it has a strong presence below the surface. Its natural law theory of ethics, especially, still informs Vatican pronouncements on moral topics such as contraception and euthanasia. It has also been important in (...)
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  4. Scientific Proof of the Natural Moral Law.Eric Brown - 2005 - Dissertation, The Catholic University of America
    Introduction to the Scientific Proof of the Natural Moral Law This paper proves that Aquinas has a means of demonstrating and deriving both moral goodness and the natural moral law from human nature alone. Aquinas scientifically proves the existence of the natural moral law as the natural rule of human operations from human nature alone. The distinction between moral goodness and transcendental goodness is affirmed. This provides the intellectual tools to refute the G.E. Moore (Principles of (...)
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  5. Natural law ethics in disciplines abstract to applied.James Franklin - manuscript
    Language suggestive of natural law ethics, similar to the Catholic understanding of ethical foundations, is prevalent in a number of disciplines. But it does not always issue in a full-blooded commitment to objective ethics, being undermined by relativist ethical currents. In law and politics, there is a robust conception of "human rights", but it has become somewhat detached from both the worth of persons in themselves and from duties. In education, talk of "values" imports ethical considerations (...)
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  6. Natural Law and the Legislation of Virtue: Historicity, Positivity, and Circularity.Michael Baur - 2001 - Vera Lex 2:51-70.
    As Alexander D’Entrees observed over forty years ago, the case for natural law “is not an easy one to put clearly and convincingly.” Furthermore, even if one can make the case for natural law in a clear and convincing manner, one should not expect such an argument to be clear and convincing for all time. Instead, the case for natural law must be an ongoing argument, addressing itself perpetually to the needs of the time as these needs (...)
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  7. L'etica moderna. Dalla Riforma a Nietzsche.Sergio Cremaschi - 2007 - Roma RM, Italia: Carocci.
    This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of (...)
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  8. Socialism for the Natural Lawyer.Ryan Undercoffer - 2013 - Solidarity: The Journal of Catholic Social Thought and Secular Ethics 3 (1):Article 2.
    Increased participation in public affairs by the U.S. Conference of Catholic Bishops during the highly contentious 2012 Presidential election has seemingly brought the traditions of Catholic social teaching and socialism into a high profile conflict. While it is clear that President Obama is not what most academics would consider a “socialist,” modern discourse still presents what I argue is a false dichotomy- one can be either endorse natural law (especially of the Catholic variety) or socialism, but (...)
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  9. Natural Law and the Natural Environment: Pope Benedict XVI's Vision Beyond Utilitarianism and Deontology.Michael Baur - 2013 - In Tobias Winwright & Jame Schaefer (eds.), Environmental Justice and Climate Change: Assessing Pope Benedict XVI's Ecological Vision for the Catholic Church in the United States. pp. 43-57.
    In his 2009 encyclical letter Caritas in Veritate, Pope Benedict XVI calls for a deeper, theological and metaphysical evaluation of the category of “relation” to achieve a proper understanding of the human being’s “transcendent dignity.” For some contemporary thinkers, this position might seem to be hopelessly paradoxical or even incoherent. After all, many contemporary thinkers are apt to believe that the human creature can have “transcendent dignity” only if the being and goodness of the human creature is not conditioned by (...)
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  10. Three concepts of natural law.Miroslav Vacura - 2022 - Filozofija I Društvo 33 (3):601-620.
    The concept of natural law is fundamental to political philosophy, ethics, and legal thought. The present article shows that as early as the ancient Greek philosophical tradition, three main ideas of natural law existed, which run in parallel through the philosophical works of many authors in the course of history. The first two approaches are based on the understanding that although equipped with reason, humans are nevertheless still essentially animals subject to biological instincts. The first approach defines (...)
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  11.  14
    Integrating Spirituality, Ethics, and Natural Law in Education.Angelito Malicse - manuscript
    -/- Integrating Spirituality, Ethics, and Natural Law in Education -/- Introduction -/- Spirituality has long been regarded as a guiding force for human behavior, providing a sense of morality, purpose, and inner peace. However, in modern education, spirituality is often separated from rational thought and critical analysis. This has led to a gap between faith-based morality and scientific understanding. To bridge this gap, a holistic educational approach must integrate spirituality with ethics, critical thinking, and natural law. (...)
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  12. Virtuous Law-Breaking.G. Alex Sinha - 2021 - Washington University Jurisprudence Review 2 (13):199-252.
    A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue (...) has experienced a revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)
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  13.  13
    AGI and the Universal Law of Balance: A Path to Continuous Equilibrium.Angelito Malicse - manuscript
    AGI and the Universal Law of Balance: A Path to Continuous Equilibrium -/- By Angelito Malicse -/- Introduction -/- Human consciousness has long sought to understand and maintain balance in nature. Through the evolution of knowledge, particularly via language, consciousness refines its understanding of the universe. However, balance is not a fixed state but an ongoing process that requires constant adaptation. With the advancement of Artificial General Intelligence (AGI), we now have the potential to accelerate and maintain this process indefinitely. (...)
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  14. Equality and Differences.John Finnis - 2012 - Solidarity: The Journal of Catholic Social Thought and Secular Ethics 2 (1):Article 1.
    Fifty years ago this year a legal practitioner turned military intelligencer turned philosopher, Herbert Hart, published The Concept of Law, still deservedly best-seller in thought about law. It presents law, especially common law and constitutionally ordered systems such as ours, as a social reality which results from the sharing of ideas and making of decisions that, for good or evil, establish rules of law which are what they are, whether just or unjust. But right at its centre is a chapter (...)
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  15. Review of Assisted Suicide and Euthanasia: A Natural Law Ethics Approach. [REVIEW]Craig Paterson - 2010 - Ethics and Medicine 26 (1):23-4.
    As medical technology advances and severely injured or ill people can be kept alive and functioning long beyond what was previously medically possible, the debate surrounding the ethics of end-of-life care and quality-of-life issues has grown more urgent. In this lucid and vigorous book, Craig Paterson discusses assisted suicide and euthanasia from a fully fledged but non-dogmatic secular natural law perspective. He rehabilitates and revitalises the natural law approach to moral reasoning by developing a pluralistic account of (...)
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  16. Two Views of Natural Law and the Shaping of Economic Science.Sergio Cremaschi - 2002 - Croatian Journal of Philosophy 2 (2):181-196.
    In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to skeptical (...)
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  17. Elizabeth Anscombe and Contraception.Anthony McCarthy - 2019 - Logos I Ethos 50:47-65.
    In the 1960s, before the promulgation of Humanae Vitae, the Catholic philosophers Elizabeth Anscombe and Herbert McCabe OP debated whether there are convincing natural law arguments for the claim that contraception violates an exceptionless moral norm. This article revisits those arguments and critiques McCabe’s approach to natural law, concerned primarily with ‘social sin’ and not simply violations of ‘right reason,’ as one particularly ill-suited to addressing questions in sexual ethics and unable both to distinguish properly between (...)
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  18. Obligation in Rousseau: making natural law history?Michaela Rehm - 2012 - Jahrbuch für Recht Und Ethik/Annual Review of Law and Ethics 20:139-154.
    Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for (...)
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  19. What Can a Medieval Friar Teach Us About the Internet? Deriving Criteria of Justice for Cyberlaw from Thomist Natural Law Theory.Brandt Dainow - 2013 - Philosophy and Technology 26 (4):459-476.
    This paper applies a very traditional position within Natural Law Theory to Cyberspace. I shall first justify a Natural Law approach to Cyberspace by exploring the difficulties raised by the Internet to traditional principles of jurisprudence and the difficulties this presents for a Positive Law Theory account of legislation of Cyberspace. This will focus on issues relating to geography. I shall then explicate the paradigm of Natural Law accounts, the Treatise on Law, by Thomas Aquinas. From this (...)
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  20.  88
    (1 other version)Natural Resources, Collective Self-Determination, and Secession.Frank Dietrich - 2018 - Law, Ethics and Philosophy 6:28-56.
    International law grants states, as representatives of their peoples, the right to use and exploit the natural resources located on their territories. The aim of this paper is to clarify how the doctrine of peoples’ sovereignty over natural resources is related to their right to political self-determination. Three different perceptions of this relationship are examined. First, the view that peoples have collective ownership rights over the natural resources to be found on their territories is criticized and (...)
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  21. The Ethics of Motion: Self-Preservation, Preservation of the Whole, and the ‘Double Nature of the Good’ in Francis Bacon.Manzo Silvia - 2016 - In Lancaster Gilgioni (ed.), Motion and Power in Francis Bacon's Philosophy. Springer. pp. 175-200.
    This chapter focuses on the appetite for self-preservation and its central role in Francis Bacon’s natural philosophy. In the first part, I introduce Bacon’s classification of universal appetites, showing the correspondences between natural and moral philosophy. I then examine the role that appetites play in his theory of motions and, additionally, the various meanings accorded to preservation in this context. I also discuss some of the sources underlying Bacon’s ideas, for his views about preservation reveal traces of (...)
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  22. Astrobiology in philosophy or philosophy in astrobiology?Kristina Šekrst - 2024 - Cosmos and History 20 (1):405-415.
    The central aim of astrobiology is to study origins, evolution and distribution of life in the universe, combining data from various disciplines. However, I will argue that from a philosophical standpoint, astrobiology requires the affirmation of astrophilosophy. Fry (2015) claims that philosophical presuppositions guiding science are general, for example, we hold the notion that natural laws necessarily hold at the whole universe at large, and on the basis of the universal applicability of natural laws, the astrobiological research is (...)
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  23.  49
    Entropy in Physics using my Universal Formula.Angelito Malicse - manuscript
    -/- 1. Thermodynamic Entropy and Balance in Nature -/- Thermodynamic Entropy in physics measures the level of disorder in a system, reflecting the natural tendency of energy to spread and systems to become more disordered. -/- Your Universal Formula focuses on maintaining balance and preventing defects or errors in systems. -/- Integration: -/- Increasing thermodynamic entropy (e.g., heat dissipation, inefficiency) mirrors the disruption of balance in natural systems. -/- Preventing imbalance: To minimize entropy, systems must operate in a (...)
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  24. Gadamer – Cheng: Conversations in Hermeneutics.Andrew Fuyarchuk - 2021 - Journal of Chinese Philosophy 48 (3):245-249.
    1 Introduction1 In the 1980s, hermeneutics was often incorporated into deconstructionism and literary theory. Rather than focus on authorial intentions, the nature of writing itself including codes used to construct meaning, socio-economic contexts and inequalities of power,2 Gadamer introduced a different perspective; the interplay between effects of history on a reader’s understanding and the tradition(s) handed down in writing. This interplay in which a reader’s prejudices are called into question and modified by the text in a fusion of understanding and (...)
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  25.  14
    The Possibility of Advanced Extraterrestrial Aliens Based on the Universal Formula.Angelito Malicse - manuscript
    -/- The Possibility of Advanced Extraterrestrial Aliens Based on the Universal Formula -/- Introduction -/- For centuries, humanity has pondered the existence of extraterrestrial life, particularly advanced alien civilizations. Traditional scientific approaches, such as the Drake Equation and astrobiology, suggest that the vastness of the universe makes alien life probable. However, from the perspective of the universal formula, which is based on the law of balance in nature, the law of karma (cause and effect with system integrity), and feedback mechanisms (...)
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  26.  28
    The Universal Formula for Eliminating Government Corruption: A Natural Law-Based Approach.Angelito Malicse - manuscript
    The Universal Formula for Eliminating Government Corruption: A Natural Law-Based Approach -/- Introduction -/- Government corruption is one of the most persistent obstacles to societal progress, leading to economic decline, weakened institutions, and widespread inequality. Traditional anti-corruption measures—such as stricter laws, transparency initiatives, and public awareness campaigns—have failed to fully eliminate corruption because they do not address the problem at a systemic and scientific level. -/- By applying the universal formula, which is based on the universal law of balance (...)
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  27.  13
    Morphic Resonance and the Spread of the Universal Formula for Free Will.Angelito Malicse - manuscript
    Morphic Resonance and the Spread of the Universal Formula for Free Will -/- Introduction -/- The challenge of implementing a universal formula for free will, based on the law of balance in nature, requires a mechanism that allows societies to naturally adopt and internalize its principles. One such mechanism may exist in morphic resonance, a concept proposed by Rupert Sheldrake. Morphic resonance suggests that patterns of thought, behavior, and structure become easier to replicate once they have been established in a (...)
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  28. Esteem and self-esteem in early modern ethics and politics. An overview.Andreas Blank - 2022 - Intellectual History Review 32 (1):1-14.
    The self-worth of political communities is often understood to be an expression of their position in a hierarchy of power; if so, then the desire for self-worth is a source of competition and conflict in international relations. In early modern German natural law theories, one finds the alternative view, according to which duties of esteem toward political communities should reflect the degree to which they fulfill the functions of civil government. The present article offers a case study, (...)
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  29. The Principle of Totality and the Limits of Enhancement.Joshua Schulz - 2015 - Ethics and Medicine 31 (3):143-57.
    According to the Thomistic tradition, the Principle of Totality (TPoT) articulates a secondary principle of natural law which guides the exercise of human ownership or dominium over creation. In its general signification, TPoT is a principle of distributive justice determining the right ordering of wholes to their parts. In the medical field it is traditionally understood as entailing an absolute prohibition of bodily mutilation as irrational and immoral, and an imperfect obligation to use the parts of one’s body for (...)
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  30.  13
    Intelligence, Balance, and the Laws of Nature: A Universal Connection.Angelito Malicse - manuscript
    -/- Intelligence, Balance, and the Laws of Nature: A Universal Connection -/- Introduction -/- The human mind has an extraordinary ability: it can understand the laws of nature, even though it is itself made of atoms and governed by these same laws. This raises a profound question: How can intelligence—whether human, artificial, or even extraterrestrial—grasp the very principles that shape the universe? The answer may lie in the fundamental nature of balance, a principle that underlies both intelligence and the structure (...)
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  31. Traditional Ethics Today. The Case of Thomas Aquinas.Angelo Campodonico - 2015 - In Elisa Grimi (ed.), Tradition as the Future of Innovation. Cambridge: Cambridge Publishing House. pp. 139-154.
    This paper concerns an ethics of our medieval tradition (in particular good, happiness, natural law and virtue) and tries to show how to recover it, facing the problems of pluralism, freedom and scientific approach in modern and contemporary age. The author points out: - The central role of the desire for good and happiness and for goods adequate or inadequate to the openness of desire (particularly of the human person). Today we speak of the meaning of life. - (...)
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  32. The Naturalness of the Naturalistic Fallacy and the Ethics of Nanotechnology.Mauro Dorato - 2015 - In Sven Ove Hansson (ed.), The Role of Technology in Science: Philosophical Perspectives. Dordrecht: Springer Verlag.
    In the first part of this paper, I try to clear the ground from frequent misconceptions about the relationship between fact and value by examining some uses of the adjective “natural” in ethical controversies. Such uses bear evidence to our “natural” tendency to regard nature (considered in a descriptive sense, as the complex of physical and biological regularities) as the source of ethical norms. I then try to account for the origin of this tendency by offering three related (...)
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  33. L'etica del Novecento. Dopo Nietzsche.Sergio Cremaschi - 2005 - Roma RM, Italia: Carocci.
    TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of (...)
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  34. Evil Law as the Pure Law: Critical Remarks on the Philosophy of Law of H.L.A. Hart.Andrei Nekhaev - 2019 - Tomsk State University Journal 20 (440):72–80.
    The article examines the issue of a necessary connection between the phenomena of law and morality. According to legal positiv- ism, morality is not a criterion of the legitimacy for legal norms. The law can have any content including absolutely immoral (the so-called “separability thesis”). Law issues are not connected with discussing the moral merits of a possible judicial decision. They are only closely related to studying various purely legal phenomena like precedents, judicial discretion, legislatures, etc. The ascriptive legal statements (...)
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  35. (1 other version)The Significance of Evidence-based Reasoning for Mathematics, Mathematics Education, Philosophy and the Natural Sciences.Bhupinder Singh Anand - forthcoming
    In this multi-disciplinary investigation we show how an evidence-based perspective of quantification---in terms of algorithmic verifiability and algorithmic computability---admits evidence-based definitions of well-definedness and effective computability, which yield two unarguably constructive interpretations of the first-order Peano Arithmetic PA---over the structure N of the natural numbers---that are complementary, not contradictory. The first yields the weak, standard, interpretation of PA over N, which is well-defined with respect to assignments of algorithmically verifiable Tarskian truth values to the formulas of PA under the (...)
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  36. Unintended Morally Determinative Aspects (UMDAs): Moral Absolutes, Moral Acts and Physical Features in Sexual and Reproductive Ethics.Anthony McCarthy - 2015 - Studia Philosophiae Christianae 51:47-65.
    Catholic sexual ethics proposes a number of exceptionless moral norms. This distinguishes it from theories which deny the possibility of any exceptionless moral norms (e.g. the proportionalist approach proposed in the aftermath of "Humanae Vitae" and condemned in "Veritatis Splendor"). I argue that Catholic teaching on sexual ethics refers to chosen physical structures in such a way as to make ‘new natural law’ theory inherently unstable. I outline a theory of “the moral act” (Veritatis Splendor (...)
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  37. Nature and Grace and the Appearance of Insincerity. Silencing the Catholic Voice.Gerard O'Shea - 2012 - Solidarity: The Journal of Catholic Social Thought and Secular Ethics 2 (1):Article 6.
    In moving into the Roman world, the first Christians encountered a secular culture whose social, political and cultural characteristics bore a striking resemblance to the contemporary period. Yet these Christians did not feel constrained to present only those aspects of their message that would be acceptable. For most of its history, the presentation of a Christian message in the “public square” has entailed both theological and philosophical perspectives. Today, Catholics seem “self-limited” by an unspoken demand that they argue solely (...)
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  38. Acquired Innocence. The Law, the Charge, and K.'s Trial: Franz Kafka and Franz Brentano.Robert Welsh Jordan - manuscript
    Kafka's work provoked more than three decades of interpretations before Wagenbach provided information showing that Kafka was quite familiar with the work of Brentano and his Prague followers, including their unique conceptions of natural law, ethical concepts, and human acquaintance with them. Kafka took a lively interest in discussions in this Prague circle, and The Trial may without violence be read as a deliberate illustration for issues in philosophy of law as they would have been understood within this circle. (...)
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  39. The unconscious and conscious self: The nature of psychical unity in Freud and Lonergan.Paul Symington - 2006 - American Catholic Philosophical Quarterly 80 (4):563-580.
    This article compares the accounts of psychical unity in Freud and Lonergan. Following a detailed account of Freud’s understanding of psychical structure andhis deterministic psycho-biological presuppositions, Lonergan’s understanding of psychical structure in relation to patterns of experience is discussed. As opposed to Freud’s theory, which is based on an imaginative synthesis of the classical laws of natural science, Lonergan considers psychical and organic function as concretely integrated in human functionality according to probabilistic schemes of recurrence. Consequently, Lonergan offers a (...)
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  40. Contemporary legal philosophising: Schmitt, Kelsen, Lukács, Hart, & law and literature, with Marxism's dark legacy in Central Europe (on teaching legal philosophy in appendix).Csaba Varga - 2013 - Budapest: Szent István Társulat.
    Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...)
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  41. The Moral Significance of our Biological Nature.Hub Zwart - 1994 - Ethical Perspectives 1 (2):71-78.
    In the previous article the hermeneutical approach to ethics was outlined. In my presentation, I would like to illustrate further the methodological consequences of this approach by using two points in contemporary applied ethics. The question is: to what extent is the hermeneutical approach casuistically applicable. We start with the presupposition that the hermeneutical approach does not offer answers to the question of current applied ethics — namely, to the question of what is or is not acceptable (...)
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  42. Tommaso e la Virtue Ethics.Campodonico Angelo - 2023 - In Serge-Thomas Bonino (ed.), Vetera Novis Augere. Le risorse della tradizione tomista nel contesto attuale 1. Bilancio e prospettive. Rome: Urbaniana University Press. pp. 297-310. Translated by Luca-F Tuninetti.
    The article concerns the relationship between Aquinas' ethics and contemporary Virtue Ethics.
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  43. In Defense of Finnis on Natural Law Legal Theory.Michael Baur - 2005 - Vera Lex 6 (1/2):35-56.
    This paper offers a brief account of Finnis' Natural Law Legal Theory (NLLT), primarily as it is presented in Natural Law and Natural Rights, and then defends Finnis' NLLT against the recent legal positivist criticism made by Matthew H. Kramer.
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  44. Aquinas on Law and Natural Law.Michael Baur - 2011 - In Brian Davies & Eleonore Stump (eds.), The Oxford handbook of Aquinas. New York: Oxford University Press.
    Aquinas's account of law as an ordering of reason for the common good of a community depends on the mereology that covered his theory of parthood relations, including the relations of parts to parts and parts to wholes. Aquinas argued that 'all who are included in a community stand in relation to that community as parts to a whole', and 'every individual person is compared to the whole community as part to whole'. Aquinas held that the perfection of wholes through (...)
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  45. The Validity of Aquinas’ Third Way.Rem B. Edwards - 1971 - New Scholasticism 45 (1):117-126.
    This article argues for the formal validity of and the truth of the premises and conclusion of a version of Aquinas' "Third Way" that says: If each of the parts of nature is contingent, the whole of nature is contingent. Each of the parts of nature is contingent. Therefore, the whole of nature is contingent--where "contingent" means having a cause and not existing self-sufficiently.
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  46. Parsing the Reasonable Person: The Case of Self-Defense.Andrew Ingram - 2012 - American Journal of Criminal Law 39 (3):101-120.
    Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a (...)
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  47. A Cause Among Causes? God Acting in the Natural World.Ignacio Silva - 2015 - European Journal for Philosophy of Religion 7 (4):99--114.
    Contemporary debates on divine action tend to focus on finding a space in nature where there would be no natural causes, where nature offers indeterminacy, openness, and potentiality, to place God’s action. These places are found through the natural sciences, in particular quantum mechanics. God’s action is then located in those ontological ”causal-gaps’ offered by certain interpretations of quantum mechanics. In this view, God would determine what is left underdetermined in nature without disrupting the laws of nature. These (...)
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  48. Law, Liberalism and the Common Good.Jacqueline A. Laing - 2004 - In David Simon Oderberg & T. Chappell (eds.), Human Values: New Essays on Ethics and Natural Law. 1st Edition. New York: Palgrave-Macmillan.
    There is a tendency in contemporary jurisprudence to regard political authority and, more particularly, legal intervention in human affairs as having no justification unless it can be defended by what Laing calls the principle of modern liberal autonomy (MLA). According to this principle, if consenting adults want to do something, unless it does specific harm to others here and now, the law has no business intervening. Harm to the self and general harm to society can constitute no justification for (...)
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  49. Holistic Free Will: Bridging Autonomy, Ethics, and Structured Reality.Juan Chavez - manuscript
    This paper introduces Holistic Free Will (HFW), a transformative framework that reconceptualizes autonomy as a dynamic, relational, and ethically aspirational process embedded within structured realities. Distinct from traditional theories like libertarian free will and compatibilism, HFW integrates interdisciplinary insights from neuroscience, moral philosophy, and cultural traditions to provide a comprehensive understanding of free will that aligns individual agency with systemic and relational contexts. HFW emphasizes structured reality as comprising four dimensions—natural laws, human constructs, social norms, and personal histories—that act (...)
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  50. Tomasza z Akwinu koncepcja prawa naturalnego. Czy Akwinata jest myślicielem liberalnym? [Thomas Aquinas’s Conception of Natural Law: Is Aquinas a Liberal Thinker?].Marek Piechowiak - 2013 - Przegląd Tomistyczny 19:301-337.
    This article seeks to justify the claim that Thomas Aquinas proposed a concept of natural law which is immune to the argument against the recognition of an objective grounding of the good formulated by a well-known representative of the liberal tradition, Isaiah Berlin, in his famous essay “Two Concepts of Freedom.” I argue that Aquinas’s concept of freedom takes into account the very same values and goals that Berlin set out to defend when he composed his critique of (...) law. In particular, the article suggests that Aquinas recognizes freedom as a greater perfection of man than rationality, and that this freedom is realized, among other things, through the co-construction of the good that gives a goal and a shape to human action and to the whole of a person’s life. I argue that the co-construction of such a good involves the co-construction of natural law in the strict sense of the term. Indeed, the content of natural law can be understood as a set of goods which are goals that inform human action. From a human perspective, natural law is not a pre-existing recipe which has merely to be “read.” Defining the concrete content of natural law is an ongoing process. The process of defining natural law’s content takes humanly knowable, objective elements into account, and so draws on knowledge. Yet free choice also plays an important part in this process. When speaking of the process of defining the content of natural law, therefore, and in determining what here-and-now is to be done, it is reasonable to describe man as a creator of the natural law, or as a legislator, just as the members of a parliament are the creators of civil law — bearing in mind that only a just law is truly law and therefore the creation of both civil and natural law reaches only as far is the scope of just actions directed by these laws. From the perspective of human action, we may speak of each person’s free choice to establish a given good as the end of a specific act, and in so doing to declare that action proper under natural law in the strict sense of the term (which differs from the rules of natural law). An appreciation of what is particular and individual (particulare et individuum), and an appreciation of free choice that goes hand-in-hand with this, is deeply embedded in Thomas’s system of thought. Particularity and individuality has its basis in an especially excellent way of human existence. (shrink)
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