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The essays in this volume--written by academic lawyers as well as legal and moral philosophers--address some of the most intriguing questions raised by natural law theory and its implications for law, morality, and public policy. Some of the essays explore the implications that natural law theory has for jurisprudence, asking what natural law suggests about the use of legal devices such as constitutions and precedents. Other essays examine the connections between natural law and natural rights.
As the cruel South Dakota winter thawed toward the end of February 1976, a rancher on Pine Ridge Indian Reservation discovered the frostbitten corpse of a Jane Doe at the bottom of a 30-foot cliff, 100 feet from a state highway. An autopsy determined she had died of exposure, while the FBI sent her severed hands to Washington for analysis.Weeks later, a match of fingerprints to feisty American Indian Movement (AIM) activist Anna Mae Pictou-Aquash led to exhumation and another autopsy, this time revealing that she had been shot in the head. Those sympathetic to AIM assumed hers was simply one of nearly 200 unsolved murders during an era when the Reservation was held secretly under martial law, now known as the Reign of Terror.Months before Aquash's murder, a deadly gun battle between AIM members and two young FBI agents forced her to flee with her friend and fellow agitator Leonard Peltier. Although Peltier always denied FBI claims that he was the one who delivered coup de gr&â ce shots to the agents, he was eventually convicted of double murder. This prompted unsuccessful popular movements for a Presidential pardon as inept lies from both sides helped stalemate any legal or political progress. As the new millennium approached, a heroin addict coached by two zealous FBI agents stepped forward claiming he witnessed Aquash's murder at the hands of an AIM executioner, John Graham. Like so many haphazard and contradictory acquittals and convictions related to the deaths of Aquash and the two FBI agents, Graham's procedurally esoteric case may suggest that the American legal system has become too obtuse and unpredictable. An international community looks nervously on, wondering if Peltier will die in prison as Graham now suffers a similar fate.
Originally published in German in 1936, The Natural Law is the first work to clarify the differences between traditional natural law as represented in the writings of Cicero, Aquinas, and Hooker and the revolutionary doctrines of natural rights espoused by Hobbes, Locke, and Rousseau. Beginning with the legacies of Greek and Roman life and thought, Rommen traces the natural law tradition to its displacement by legal positivism and concludes with what the author calls "the reappearance" of natural law thought in more recent times. In seven chapters each Rommen explores "The History of the Idea of Natural Law" and "The Philosophy and Content of the Natural Law." In his introduction, Russell Hittinger places Rommen's work in the context of contemporary debate on the relevance of natural law to philosophical inquiry and constitutional interpretation. Heinrich Rommen (1897–1967) taught in Germany and England before concluding his distinguished scholarly career at Georgetown University. Russell Hittinger is William K. Warren Professor of Catholic Studies and Research Professor of Law at the University of Tulsa.
Applied ethics and social problems presents introductions to the three most influential moral philosophies and relates these to some of the most urgent questions in contemporary public debates about the future of welfare services.
Accounts of natural law moral philosophy and theology sought principles and precepts for morality, law, and other forms of social authority, whose prescriptive force was not dependent for validity on human decision, social influence, past tradition, or cultural convention, but through natural reason itself. This volume critically explores and assesses our contemporary culture wars in terms of: the possibility of natural law moral philosophy and theology to provide a unique, content-full, canonical morality; the character and nature of moral pluralism; the limits of justifiable national and international policy seeking to produce and preserve human happiness, social justice, and the common good; the ways in which morality, moral epistemology, and social political reform must be set within the broader context of an appropriately philosophically and theologically anchored anthropology. This work will be of interest to philosophers, theologians, bioethicists, ethicists and political scientists.
Resorting to natural law is one way of conveying the philosophical conviction that moral norms are not merely conventional rules. Accordingly, the notion of natural law has a clear metaphysical dimension, since it involves the recognition that human beings do not conceive themselves as sheer products of society and history. And yet, if natural law is to be considered the fundamental law of practical reason, it must show also some intrinsic relationship to history and positive law. The essays in this book examine this tension between the metaphysical and the practical and how the philosophical elaboration of natural law presents this notion as a "limiting-concept", between metaphysics and ethics, between the mutable and the immutable; between is and ought, and, in connection with the latter, even the tension between politics and eschatology as a double horizon of ethics. This book, contributed to by scholars from Europe and America, is a major contribution to the renewed interest in natural law. It provides the reader with a comprehensive overview of natural law, both from a historical and a systematic point of view. It ranges from the mediaeval synthesis of Aquinas through the early modern elaborations of natural law, up to current discussions on the very possibility and practical relevance of natural law theory for the contemporary mind.
Providing the most comprehensive guide to modern natural law theory available, this major contribution to the history of philosophy sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment.
Perhaps more than any other scholar, Michael Moore has argued that there are deep and necessary connections between metaphysics, morality, and law. Moore has developed every contour of a theory of criminal law, from philosophy of action to a theory of causation. Indeed, not only is he the central figure in retributive punishment but his moral realist position places him at the center of many jurisprudential debates. Comprised of essays by leading scholars, this volume discusses and challenges the work of Michael Moore from one or more of the areas where he has made a lasting contribution, namely, law, morality, metaphysics, psychiatry, and neuroscience. The volume begins with a riveting contribution by Heidi Hurd, wherein she takes an unadorned and unabashed look at the man behind this monumental body of work, full of both triumphs and sadness. A number of essays focus on Moore's view of the purpose and justification of the criminal law, specifically his endorsement of retributivism and legal moralism. The book then addresses Moore's work in the various aspects of the general part of the criminal law, including Moore's position on how to understand criminal acts for double jeopardy purposes, Moore's claim that accomplice liability is superfluous, and Moore's views about the culpability of negligence, as well as the relationship between that view and proximate causation. Furthermore, the subject of defenses in criminal law is addressed, including self-defense, and also the intersection of psychiatry, psychology, cognitive neuroscience, and the criminal law. Also discussed are features of morality, and Moore's work in general jurisprudence. Finally, Moore concludes the volume with an essay that defends and delineates the features of his views.
"This volume presents a selection of previously published essays by Joseph Boyle, a crucial contributor to 20th century Catholic moral philosophy through his development of the New Classical Natural Law Theory"--
Additional Author Is Arthur L. Harding. Southern Methodist University Studies In Jurisprudence, 2.