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Books : Nonfiction : Law : Perspectives on Law : Natural Law
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The perfect books for the true book lover, Penguin’s Great Ideas series features twelve more groundbreaking works by some of history’s most prodigious thinkers. Each volume is beautifully packaged with a unique type-driven design that highlights the bookmaker’s art. Offering great literature in great packages at great prices, this series is ideal for those readers who want to explore and savor the Great Ideas that have shaped our world.
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MIGHT IS RIGHT is an unprecedented book by an author of extraordinary virility and rugged primeval force, whose sense perceptions border on the supernatural. The Laws of Nature are explained, defined and expounded upon in detail in eloquent 19th century English.
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Written on the Heart expounds the work of the leading architects of theory on natural law, including Aristotle, Thomas Aquinas, and John Locke. It also takes up contemporary philosophy, running against the tide of pluralism that abhors natural law.
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In recent years, libertarian impulses have increasingly influenced national and economic debates, from welfare reform to efforts to curtail affirmative action. Murray N. Rothbard's classic The Ethics of Liberty stands as one of the most rigorous and philosophically sophisticated expositions of the libertarian political position.
What distinguishes Rothbard's book is the manner in which it roots the case for freedom in the concept of natural rights and applies it to a host of practical problems. An economist by profession, Rothbard here proves himself equally at home with philosophy. And while his conclusions are radical--that a social order that strictly adheres to the rights of private property must exclude the institutionalized violence inherent in the state--his applications of libertarian principles prove surprisingly practical for a host of social dilemmas, solutions to which have eluded alternative traditions.
The Ethics of Liberty authoritatively established the anarcho-capitalist economic system as the most viable and the only principled option for a social order based on freedom. This edition is newly indexed and includes a new introduction that takes special note of the Robert Nozick-Rothbard controversies.
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This book uses contemporary analytical tools to provide basic accounts of values and principles, community and `common good', justice and human rights, authority, law, the varieties of obligation, unjust law, and even the question of divine authority.
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A translation of 'Naturrecht und Staatswissenschaft im Grundisse' and 'Grundlinien der Philosophie des Rechts.'
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Over the last thirty years the American political class has come to talk itself out of the doctrines of "natural rights" that formed the main teaching of the American Founders and Abraham Lincoln. With that move, they have talked themselves out of the ground of their own rights. But the irony is that they have made this transition without the least awareness, and indeed with a kind of serene conviction that they have been expanding constitutional rights. Since 1965, in the name of "privacy" and "autonomy," they have unfolded, vast new claims of liberty, all of them bound up in some way with the notion of sexual freedom, and yet this new scheme of rights depends on a denial, at the root, of the premises and logic of natural rights. Hadley Arkes argues that the "right to choose an abortion" has functioned as the "right" that has shifted the political class from doctrines of natural right. The new "right to choose" overturned the liberal jurisprudence of the New Deal, and placed jurisprudence on a notably different foundation. And so even if there is a "right" to abortion, that right has been detached from the logic of natural rights and stripped of moral substance. As a consequence, the people who have absorbed these new notions of rights have put themselves in a position in which they can no longer offer a moral defense of any of their rights. Hadley Arkes is the Edward Ney Professor of American Institutions at Amherst College. He is the author of First Things (Princeton, 1986), Beyond the Constitution (Princeton, 1990), and The Reform Constitution (Princeton, 1994). He has been a contributor to First Things, the journal that took its name from his book of that title.
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Thomas Hobbes' timeless account of the human condition, first developed in The Elements of Law (1640), which comprises Human Nature and De Corpore Politico, is a direct product of the intellectual and political strife of the seventeenth century. His analysis of the war between the individual and the group lays out the essential strands of his moral and political philosophy later made famous in Leviathan. This first ever complete paperback edition of Human Nature and De Corpore Politico is also supplemented by chapters from Hobbes' later work De Corpore and "The Three Lives," never before published together in English.
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In Making Men Moral, his 1995 book, George questioned the central doctrines of liberal jurisprudence and political theory. In his new work he extends his critique of liberalism, and also goes beyond it to show how contemporary natural law theory provides a superior way of thinking about basic problems of justice and political morality. Students as well as scholars in law, political science, and philosophy will find George's arguments stimulating, challenging, and compelling.
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How should a judge’s moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from “nothing” to “everything.” In his new book Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensions—semantic, jurisprudential, and doctrinal—in which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin’s new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.
(20070401)
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Series: Emory University Studies in Law and ReligionThis series,originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.
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"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe.
Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin.
Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel.
The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.
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Using St. Thomas Aquinas's natural law philosophy and Divine Exemplar argument to prompt new discussion of ethical questions that lawyers and judges should confront, the author delivers a complete occupational profile for the professional conduct of judges and lawyers. St. Thomas's discourse on such topics as procedural law, judicial and advocate conduct and character, criminal and civil practice standards, and sentencing guidelines provides a blueprint for the Christian lawyer and judge by laying out the professional and ethical parameters that make the actor operate in accordance with reason and morality. This text on Thomistic jurisprudence challenges the current beliefs of law and the justice system, the functions of lawyers, advocates, and judges, and traditional views on evidence and punishment, and suggests a return to the "roots" of the system, in which reason, virtue, and justice guide the law and its practice. Lawyers, judges, students, and scholars should find in these pages a unique approach to renewing our beleaguered justice system. Relying on extensive quotations from the works of St. Thomas Aquinas, the author begins the text with an explication of St. Thomas's influences, legal philosophy, and thoughts on virtue and the law. He then devotes several chapters to specific concepts in Thomistic jurisprudence, including prudence, the common good, judicial process, judgment, and punishment. The final chapters analyze the role of lawyers and judges, and argues for the need for the application of the Thomistic model of jurisprudence to our criminal justice system.
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Is knowledge of right and wrong written on the human heart? Do people know God from the world around them? Does natural knowledge contribute to Christian doctrine? While these questions of natural theology and natural law have historically been part of theological reflection, the radical reliance of twentieth-century Protestant theologians on revelation has eclipsed this historic connection.Stephen Grabill attempts the treacherous task of reintegrating Reformed Protestant theology with natural law by appealing to Reformation-era theologians such as John Calvin, Peter Martyr Vermigli, Johannes Althusius, and Francis Turretin, who carried over and refined the traditional understanding of this key doctrine. Rediscovering the Natural Law in Reformed Theological Ethics calls Christian ethicists, theologians, and laypersons to take another look at this vital element in the history of Christian ethical thought.
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Contemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless crimes. Here Robert P. George defends the traditional justification of morals legislation against criticisms advanced by leading liberal theorists. He argues that such legislation can play a legitimate role in maintaining a moral environment conducive to virtue and inhospitable to at least some forms of vice. Among the liberal critics of morals legislation whose views George considers are Ronald Dworkin, Jeremy Waldron, David A.J. Richards, and Joseph Raz. He also considers the influential modern justification for morals legislation offered by Patrick Devlin as an alternative to the traditional approach. George closes with a sketch of a "pluralistic perfectionist" theory of civil liberties and public morality, showing that it is fully compatible with a defense of morals legislation. Making Men Moral will interest legal scholars and political theorists as well as theologians and philosophers focusing on questions of social justice and political morality.