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Natural law, according to Thomas Aquinas, has its foundation in the evidence and operation of natural, human reason. Its primary precepts are self-evident. Awareness of these precepts does not presuppose knowledge of, or even belief in, the existence of God. The most interesting criticisms of Thomas Aquinas’s natural-law teaching in modern times have been advanced by the political philosopher Leo Strauss and his followers. The purpose of this book is to show that these criticisms are based on misunderstandings and that they are inconclusive at best. Thomas Aquinas’s natural-law teaching is fully rational. It is accessible to man as man.
This first English translation of Pierre Manent’s profound and strikingly original book La loi naturelle et les droits de l’homme is a reflection on the central question of the Western political tradition. In six chapters, developed from the prestigious Étienne Gilson lectures at the Institut Catholique de Paris, and in a related appendix, Manent contemplates the steady displacement of the natural law by the modern conception of human rights. He aims to restore the grammar of moral and political action, and thus the possibility of an authentically political order that is fully compatible with liberty. Manent boldly confronts the prejudices and dogmas of those who have repudiated the classical and Christian notion of “liberty under law” and in the process shows how groundless many contemporary appeals to human rights turn out to be. Manent denies that we can generate obligations from a condition of what Locke, Hobbes, and Rousseau call the “state of nature,” where human beings are absolutely free, with no obligations to others. In his view, our ever-more-imperial affirmation of human rights needs to be reintegrated into what he calls an “archic” understanding of human and political existence, where law and obligation are inherent in liberty and meaningful human action. Otherwise we are bound to act thoughtlessly and in an increasingly arbitrary or willful manner. Natural Law and Human Rights will engage students and scholars of politics, philosophy, and religion, and will captivate sophisticated readers who are interested in the question of how we might reconfigure our knowledge of, and talk with one another about, politics.
Has Hobbesian moral and political theory been fundamentally misinterpreted by most of his readers? Since the criticism of John Bramhall, Hobbes has generally been regarded as advancing a moral and political theory that is antithetical to classical natural law theory. Kody W. Cooper challenges this traditional interpretation of Hobbes in Thomas Hobbes and the Natural Law. Hobbes affirms two essential theses of classical natural law theory: the capacity of practical reason to grasp intelligible goods or reasons for action and the legally binding character of the practical requirements essential to the pursuit of human flourishing. Hobbes’s novel contribution lies principally in his formulation of a thin theory of the good. This book seeks to prove that Hobbes has more in common with the Aristotelian-Thomistic tradition of natural law philosophy than has been recognized. According to Cooper, Hobbes affirms a realistic philosophy as well as biblical revelation as the ground of his philosophical-theological anthropology and his moral and civil science. In addition, Cooper contends that Hobbes's thought, although transformative in important ways, also has important structural continuities with the Aristotelian-Thomistic tradition of practical reason, theology, social ontology, and law. What emerges from this study is a nuanced assessment of Hobbes’s place in the natural law tradition as a formulator of natural law liberalism. This book will appeal to political theorists and philosophers and be of particular interest to Hobbes scholars and natural law theorists.
Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Conventional scholarship holds that the theology and social ethics of the Reformed tradition stand at odds with concepts of natural law and the two kingdoms. But David VanDrunen here challenges that status quo through his careful, thoroughgoing exploration of the development of Reformed social thought from the Reformation to the present. - from publisher description.
A theory of religious freedom for the modern era that uses natural law from ancient Greek, Jewish, Christian and Islamic sources.
The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.
A NEW YORK TIMES BESTSELLER "Already the most discussed and most important religious book of the decade." —David Brooks In this controversial bestseller, Rod Dreher calls on American Christians to prepare for the coming Dark Age by embracing an ancient Christian way of life. From the inside, American churches have been hollowed out by the departure of young people and by an insipid pseudo–Christianity. From the outside, they are beset by challenges to religious liberty in a rapidly secularizing culture. Keeping Hillary Clinton out of the White House may have bought a brief reprieve from the state’s assault, but it will not stop the West’s slide into decadence and dissolution. Rod Dreher argues that the way forward is actu­ally the way back—all the way to St. Benedict of Nur­sia. This sixth-century monk, horrified by the moral chaos following Rome’s fall, retreated to the forest and created a new way of life for Christians. He built enduring communities based on principles of order, hospitality, stability, and prayer. His spiritual centers of hope were strongholds of light throughout the Dark Ages, and saved not just Christianity but Western civilization. Today, a new form of barbarism reigns. Many believers are blind to it, and their churches are too weak to resist. Politics offers little help in this spiritual crisis. What is needed is the Benedict Option, a strategy that draws on the authority of Scripture and the wisdom of the ancient church. The goal: to embrace exile from mainstream culture and construct a resilient counterculture. The Benedict Option is both manifesto and rallying cry for Christians who, if they are not to be conquered, must learn how to fight on culture war battlefields like none the West has seen for fifteen hundred years. It's for all mere Chris­tians—Protestant, Catholic, Orthodox—who can read the signs of the times. Neither false optimism nor fatalistic despair will do. Only faith, hope, and love, embodied in a renewed church, can sustain believers in the dark age that has overtaken us. These are the days for building strong arks for the long journey across a sea of night.
This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.
The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.