Results for 'natural law'

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  1.  44
    King, Fuller and Dworkin Natural Law and Hard Cases.Muhammad Mustafa Rashid - 2020 - Economic and Social Thought.
    The debate between natural law and positivist law has been received much attention. Ronald Dworkin exposes the limitation of positivist law through the argument of hard cases. This argument is furthered strengthened when we apply the interpretation of Martin Luther King Jr and the voluntarist natural law tradition, and Lon Fuller’s ‘procedural view’ and the application of the ‘principles of legality’.
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  2. The Decline of Natural Law Reasoning.Joseph Tham - 2014 - The National Catholic Bioethics Quarterly 14 (2):245-255.
    The author discusses natural law reasoning, from the 1960s in the context of Pope Paul VI’s Humanae vitae, to recent cultural and intellectual currents and their influence on the tradition. The challenges that have skewed acceptance of a common human nature and the existence of natural law are addressed. The author shows how the debate on contraception initiated this challenge against natural law reasoning and led to a more evolutive concept of human nature. Attention is drawn to (...)
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  3.  50
    Law and Natural Law.Michael Baur - 2011 - In Brian Davies & Eleonore Stump (eds.), The Oxford Handbook of Aquinas. 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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  4.  83
    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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  5.  62
    Technological Innovation and Natural Law.Philip Woodward - 2020 - Philosophia Reformata 85 (2):138-156.
    I discuss three tiers of technological innovation: mild innovation, or the acceleration by technology of a human activity aimed at a good; moderate innovation, or the obviation by technology of an activity aimed at a good; and radical innovation, or the altering by technology of the human condition so as to change what counts as a good. I argue that it is impossible to morally assess proposed innovations within any of these three tiers unless we rehabilitate a natural-law ethical (...)
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  6.  40
    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 but hints at (...)
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  7.  96
    Can Natural Law Thinking Be Made Credible in Our Contemporary Context?Michael Baur - 2010 - In Christian Spieβ (ed.), Freiheit, Natur, Religion: Studien zur Sozialethik. Paderborn, Germany: pp. 277-297.
    One of the best-known members of the United Nations Commission which drafted the 1948 "Universal Declaration of Human Rights," Jacques Maritain, famously held that the "natural rights" or "human rights" possessed by every human being are grounded and justified by reference to the natural law.' In many quarters today, the notion of the natural law, and arguments for a set of natural rights grounded in the natural law, have come under fierce attack. One common line (...)
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  8.  53
    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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  9.  64
    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. Lanham, MD 20706, USA: 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. 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 a (...)
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  11. Positive and Natural Law Revisited.David-Hillel Ruben - 1972 - Modern Schoolman 49 (4):295-317.
    The article argues that the famous debate on natural and positive law between Lon Fuller and HLA Hart rests on a dispute about whether or not that something is a law provides on its own a prima facie reason for doing something.
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  12.  61
    The Emergence of Natural Law and the Cosmopolis.Eric Brown - 2009 - In Stephen G. Salkever (ed.), The Cambridge Companion to Ancient Greek Political Thought. Cambridge, UK: Cambridge University Press. pp. 331-363.
    Two prominent metaphors in Greek and Roman political philosophy are surveyed here, with a view to determining their possible meanings and the plausibility of the claims advanced by those possible meanings.
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  13. 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 just (...)
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  14. Natural Law Theories in the Early Enlightenment. [REVIEW]Greg Janzen - 2002 - History of Intellectual Culture 2 (1).
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  15. The Role of Natural Law in Gandhi's Social Utopia.Monika Kirloskar-Steinbach - 2016 - In Enter Author Name Without Selecting A. Profile: Hans-Christian Günther (ed.), Paths to Dialogue. Nordhausen: Bautz. pp. 251-288.
    The paper attempts to develop an immanent conception of natural law and natural rights of Mohandas Karamchand Gandhi.
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  16.  69
    St. Thomas Aquinas and the Development Natural Law in Economics Thought.Muhammad Rashid - 2020 - Journal of Economic and Social Thought 7 (1).
    Building on the system of reason provided for by the Greek philosopher and specifically Aristotle, St. Thomas Aquinas built a comprehensive system and theory of natural law which has lasted through the ages. The theory was further developed in the Middle Ages and in the Enlightenment Ages by many a prominent philosopher and economist and has been recognized in the Modern Age. The natural law-theory and system has been repeatedly applied to the spheres of economic thought and has (...)
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  17. Craig Paterson - Assisted Suicide and Euthanasia: A Natural Law Ethics Approach. [REVIEW]Glenys Williams - 2009 - King's Law Journal 20 (3):553-8.
    Extended review of Assisted Suicide and Euthanasia: A Natural Law Ethics Approach by Craig Paterson. Ashgate, 2008.
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  18. Sayyid Qutb and Aquinas: Liberalism, Natural Law and the Philosophy of Jihad.Lucas Thorpe - 2019 - Heythrop Journal 60:413-435.
    In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there are (...)
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  19. The Metamorphoses of Natural Law: On the Social Function of the Pre-Bourgeois and Bourgeois Foundations of Law.Stefan Breuer - 1986 - Telos: Critical Theory of the Contemporary 1986 (70):94-114.
    “De jure naturae multa fabulamur” — after 450 years, Luther's statement has lost none of its original validity. After a brief pseudo-renaissance following WWII, one now hears far less in legal theory about natural law, which appears finally to have fallen victim to what Weber early in the century characterized as “a progressive decomposition and relativization of all meta-legal axioms” — a destruction resulting partly “from legal rationalism itself,” and partly “from the skepticism which characterizes modern intellectual life generally.” (...)
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  20.  49
    Review of "Natural Law & the Nature of Law" by Jonathan Crowe. [REVIEW]Emad Atiq - 2020 - Notre Dame Philosophical Reviews 2020.
    Commentary on Crowe's metaethics and his theory of law as a goodness-fixing kind.
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  21.  36
    Gottfried Achenwall, Natural Law. A Translation of the Textbook for Kant’s Lectures on Legal and Political Philosophy, Ed. By Pauline Kleingeld, Transl. By Corinna Vermeulen, with an Introduction by Paul Guyer. [REVIEW]Katerina Mihaylova - forthcoming - Kantian Review.
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  22. Elementy prawnonaturalne w stosowaniu Konstytucji RP [Natural-Law Elements in Application of the Constitution of the Republic of Poland].Marek Piechowiak - 2009 - Przegląd Sejmowy 17 (5 (94)):71-90.
    Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which (...)
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  23. 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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  24. Is Society-Centered Moral Theory a Contemporary Version of Natural Law Theory?David Copp - 2009 - Dialogue 48 (1):19-36.
    ABSTRACT: David Braybrooke argues that the core of the natural law theory of Thomas Aquinas survived in the work of Hobbes, Locke, Hume, and Rousseau. Much to my surprise, Braybrooke argues as well that David Copp’s society-centered moral theory is a secular version of this same natural law theory. Braybrooke makes a good case that there is an important idea about morality that is shared by the great philosophers in his group and that this idea is also found (...)
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  25. Paterson, Craig: Assisted Suicide and Euthanasia: A Natural Law Ethics Approach. [REVIEW]Susanna Maria Taraschi - 2010 - Theoretical Medicine and Bioethics 31 (3):245-247.
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  26.  52
    “Beyond Standard Legal Positivism and ‘Aggressive’ Natural Law: Some Thoughts on Judge’ O’Scannlain’s ‘Third Way’”.Michael Baur - 2011 - Fordham Law Review 79 (4):1529-1539.
    With his contribution on "The Natural Law in the American Tradition," Judge Diarmuid O'Scannlain has begun the indispensable task of laying the groundwork for sound jurisprudential reasoning in the natural law tradition. It is on the basis of this groundwork that we can begin to appreciate what natural law reasoning might mean, and what it does not mean, for contemporary American legal thinking. More specifically, it is on the basis of this groundwork that one can begin to (...)
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  27. 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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  28.  53
    In Defense of Finnis on Natural Law Legal Theory.Michael Baur - 2005 - Vera Lex 6 (1/2):35-56.
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  29. Moral Autonomy as Political Analogy: Self-Legislation in Kant's 'Groundwork' and the 'Feyerabend Lectures on Natural Law'.Pauline Kleingeld - 2019 - In Stefano Bacin & Oliver Sensen (eds.), The Emergence of Autonomy in Kant's Moral Philosophy. Cambridge: Cambridge University Press. pp. 158-175.
    'Autonomy' is originally a political notion. In this chapter, I argue that the political theory Kant defended while he was writing the _Groundwork_ sheds light on the difficulties that are commonly associated with his account of moral autonomy. I argue that Kant's account of the two-tiered structure of political legislation, in his _Feyerabend Lectures on Natural Law_, parallels his distinction between two levels of moral legislation, and that this helps to explain why Kant could regard the notion of 'autonomy' (...)
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  30. Prawnonaturalny charakter klauzuli dobra wspólnego [Natural–Law Character of a Common Good Claus in the Polish Constitution].Marek Piechowiak - 2010 - In Agnieszka Choduń & Stanisław Czepita (eds.), W poszukiwaniu dobra wspólnego. Księga jubileuszowa Profesora Macieja Zielińskiego. Wydawnictwo Naukowe Uniwersytetu Szczecińskiego. pp. 597-611.
    W NINIEJSZYM opracowaniu analizuję klauzulę dobra wspólnego zawartą w art. 1 Konstytucji Rzeczypospolitej Polskiej z 2 kwietnia 1997 r., zmierzając do uwyraźnienia, w jakim sensie można mówić o jej prawnonaturalnym charakterze (zatem i do zarysowania możliwych znaczeń zwrotu "prawnonaturalny charakter klauzuli dobra wspólnego") oraz do ujawnienia „momentów" prawnonaturalnych, które mogą wchodzić w grę przy interpretacji tej klauzuli.
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  31. Assessing Law's Claim to Authority.Bas van der Vossen - 2011 - Oxford Journal of Legal Studies 31 (3):481-501.
    The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique (...)
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  32. Foundation for a Natural Right to Health Care.Jason T. Eberl, Eleanor K. Kinney & Matthew J. Williams - 2011 - Journal of Medicine and Philosophy 36 (6):537-557.
    Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed to (...)
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  33.  65
    Fuller and the Folk: The Inner Morality of Law Revisited.Raff Donelson & Ivar R. Hannikainen - 2020 - In Oxford Studies in Experimental Philosophy, Volume 3. Oxford: pp. 6-28.
    The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, (...)
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  34.  96
    Scientific Proof of the Natural Moral Law.Eric Brown - manuscript
    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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  35. Natural Unity and Paradoxes of Legal Persons.James Goetz - 2014 - Journal Jurisprudence 21:27-46.
    This essay proposes an ontological model in which a legal person such as a polity possesses natural unity from group properties that emerge in the self-organization of the human population. Also, analysis of customary legal persons and property indicates noncontradictory paradoxes that include Aristotelian essence of an entity, relative identity over time, ubiquitous authority, coinciding authorities, and identical entities. Mathematical modeling helps to explain the logic of the paradoxes.
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  36. Law, Liberalism and the Common Good.Jacqueline A. Laing - 2004 - In D. S. Oderberg & Chappell T. D. J. (eds.), Human Values: New Essays on Ethics and Natural Law. 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 legal (...)
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  37. Unity for Kant’s Natural Philosophy.Marius Stan - 2014 - Philosophy of Science 81 (3):423-443.
    I uncover here a conflict in Kant’s natural philosophy. His matter theory and laws of mechanics are in tension. Kant’s laws are fit for particles but are too narrow to handle continuous bodies, which his doctrine of matter demands. To fix this defect, Kant ultimately must ground the Torque Law; that is, the impressed torque equals the change in angular momentum. But that grounding requires a premise—the symmetry of the stress tensor—that Kant denies himself. I argue that his problem (...)
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  38.  43
    The Rule of Law and the Importance of Procedure.Jeremy Waldron - 2011 - Nomos 50:3-31.
    Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...)
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  39. ‘Exploding the Limits of Law’: Judgment and Freedom in Arendt and Adorno.Craig Reeves - 2009 - Res Publica 15 (2):137-164.
    In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...)
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  40. Value and Law in Kant’s Moral Theory. [REVIEW]Andrews Reath - 2003 - Ethics 114 (1):127-155.
    Paul Guyer’s Kant on Freedom, Law, and Happiness is a collection of essays written over a period of ten years on the roles of freedom, reason, law, and happiness in Kant’s practical philosophy. The centrality of these concepts has always been acknowledged, but Guyer proposes a different way to understand their interconnections. Kant extols respect for moral law and conformity to moral principle for its own sake while at the same time celebrating the value of human freedom and autonomy. Guyer (...)
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  41. Hobbes, Civil Law, Liberty and theElements of Law.Patricia Springborg - 2016 - Critical Review of International Social and Political Philosophy 19 (1):47-67.
    When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as (...)
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  42.  45
    The Ideological Matrix of Science: Natural Selection and Immunity as Case Studies.Agustin Ostachuk - 2019 - Cosmos and History: The Journal of Natural and Social Philosophy 15 (1):182-213.
    The modern concept of ideology was established by the liberal politician and philosopher Destutt de Tracy, with the objective of creating an all-embracing and general science of ideas, which followed the sensualist and empiricist trend initiated by Locke that culminated in the positivism of Comte. Natural selection and immunity are two key concepts in the history of biology that were strongly based on the Malthusian concept of struggle for existence. This concept wrongly assumed that population grew faster than the (...)
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  43. La teoría de la selección natural darwiniana (The Darwinian Theory of Natural Selection).Santiago Ginnobili - 2010 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 25 (1):37-58.
    This paper is about the reconstruction of the Darwinian Theory of Natural Selection. My aim here is to outline the fundamental law of this theory in an informal way from its applications in The Origin of Species and to make explicit its fundamental concepts. I will introduce the theory-nets of special laws that arise from the specialization of the fundamental law. I will assume the metatheoretical structuralist frame. I will also point out many consequences that my proposal has about (...)
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  44.  69
    Law's Meaning.Brian Slattery - 1996 - Osgoode Hall Law Journal 34:553-81.
    It is often thought that the meaning of a legal provision must reside in the minds of its authors or its interpreters, or a combination of the two. Indeed, the point may seem so obvious that it scarcely needs any justification. Is there any sense, then, in the claim sometimes made by judges that a law has a meaning of its own, one that is distinct from the intentions of authors and interpreters alike? At first sight, the claim appears extravagant (...)
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  45.  72
    Natural Laws, Universals, and the Induction Problem.Edward Slowik - 2005 - Philosophia 32 (1-4):241-251.
    This paper contends that some of the recent critical appraisals of universals theories of natural laws, namely, van Fraassen's analysis of Armstrong's probabilistic laws, are largely ineffective since they fail to disclose the incompatibility of universals and any realistic natural law setting. Rather, a more profitable line of criticism is developed that contests the universalists' claim to have resolved the induction problem (i.e., the separation of natural laws from mere accidental regularities), and thereby reveals the universals' philosophically (...)
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  46. The Law in Plato’s Laws: A Reading of the ‘Classical Thesis’.Luke William Hunt - 2018 - Polis: The Journal for Ancient Greek Political Thought 35 (1):102-126.
    Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including because they (...)
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  47. Three Concepts of Law: The Ambiguous Legacy of H.L.A. Hart.Brian Slattery - 1998 - Saskatchewan Law Review 61:323-39.
    The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...)
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  48. 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 - 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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  49. The Nature and Value of Vagueness in the Law.Hrafn Asgeirsson - 2020 - Oxford: Hart Publishing.
    Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is sometimes (...)
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  50. On Natural Selection and Hume's Second Problem.Armando Aranda-Anzaldo - 1998 - Evolution and Cognition 4 (2):156-172.
    David Hume's famous riddle of induction implies a second problem related to the question of whether the laws and principles of nature might change in the course of time. Claims have been made that modern developments in physics and astrophysics corroborate the translational invariance of the laws of physics in time. However, the appearance of a new general principle of nature, which might not be derivable from the known laws of physics, or that might actually be a non-physical one (this (...)
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