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Natural moral law stands at the center of Western ethics and jurisprudence and plays a leading role in interreligious dialogue. Although the greatest source of the classical natural law tradition is Thomas Aquinas' Treatise on Law, the Treatise is notoriously difficult, especially for nonspecialists. J. Budziszewski has made this formidable work luminous. This book - the first classically styled, line-by-line commentary on the Treatise in centuries - reaches out to philosophers, theologians, social scientists, students, and general readers alike. Budziszewski shows how the Treatise facilitates a dialogue between author and reader. Explaining and expanding upon the text in light of modern philosophical developments, he expounds this work of the great thinker not by diminishing his reasoning, but by amplifying it.
Law --- Natural law. --- Christianity and law. --- Law and Christianity --- Law (Theology) --- Law of nature (Law) --- Natural rights --- Nature, Law of (Law) --- Rights, Natural --- Jurisprudence --- Philosophy. --- Thomas,
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Natural law. --- Comparative religious law. --- Natural law --- 241.3*2 --- Comparative law --- Religions --- Law of nature --- Natural rights --- Nature, Law of --- Rights, Natural --- Law --- 241.3*2 Theologische ethiek: natuurwet --- Theologische ethiek: natuurwet --- Religious aspects --- Catholic Church. --- Comparative religious law --- Droit naturel --- Droit religieux comparé --- Catholic Church --- Aspect religieux --- Eglise catholique --- Law of nature (Law) --- Nature, Law of (Law) --- Religious aspects&delete&
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Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights.Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework designed to provide clearer foundations for rights interpretations while preserving a meaningful but limited role for universal arguments. He reveals the vital connections among contemporary debates over such matters as the right to privacy, the constitutionality of the death penalty, and the role of foreign law in constitutional interpretation.
Constitutional law --- International and municipal law --- Natural law --- Human rights --- Law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law of nature (Law) --- Natural rights --- Nature, Law of (Law) --- Rights, Natural
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This timely book by internationally regarded scholar of ethics and social/political philosophy, Michael Boylan, focuses on the history, application and significance of human rights in the West and China. Boylan engages the key current philosophical debates prevalent in human rights discourse today and draws them together to argue for the existence of natural, universal human rights. Arguing against the grain of mainstream philosophical beliefs, Boylan asserts that there is continuity between human rights and natural law and that human beings require basic, essential goods for minimum action. These include food, clean water and sanitation, clothing, shelter and protection from bodily harm, including basic healthcare. The achievement of this goal, Boylan demonstrates, will require significant resource allocation and creative methods of implementation involving public and private institutions. Combining technical argument with four fictional narratives about human rights, the book invites readers to engage with the most important aspects of the discipline.
Human rights --- Natural law. --- Natural law --- Law of nature (Law) --- Natural rights --- Nature, Law of (Law) --- Rights, Natural --- Law --- Philosophy. --- Human rights - Philosophy --- Human rights - Cross-cultural studies --- Natural law - Philosophy
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Depuis que les hommes édictent des lois, ils cherchent à en assurer la légitimité. A cet égard, leurs efforts se fondent essentiellement soir sur la divinité, soit sur la raison, sans préjudice des essais de synthèse entre ces deux ancrages. Les justifications puisées dans le sacré, autant que celles qui prétendent se déduire de la rationalité, changent toutefois de sens au cours de l'histoire. Les dieux d'Antigone ne ressemblent ni au Dieu des chrétiens, ni à Allah. La raison conquérante de l'homme de la Renaissance n'est plus la raison contemplative et téléologique d'Aristote. La "nature" se prétend depuis toujours issue de cette rationalité changeante, et on lui a fait dire, dans l'histoire de la pensée, toutes sortes de choses et leur contraire. Elle a prétendument justifié la recherche de la paix et de l'harmonie sociale, mais aussi la guerre et les génocides ; le respect de la loi et la révolte ; la monogamie et la polygamie... Et si la référence à la "nature" n'était que la manière de faire apparaître les présupposés du système juridique qui prétend s'y référer ?
Applied ethics --- Droit naturel --- Ethiek [Toegepaste ] --- Ethique appliquée --- Law of nature --- Natural law --- Natural rights --- Nature [Law of ] --- Natuurrecht --- Recht [Natuur] --- Rights [Natural ] --- Toegepaste ethiek --- History --- Histoire --- Éthique appliquée --- Droit --- Philosophie --- Law --- Philosophy --- Natural law. --- Droit naturel. --- Éthique appliquée. --- Histoire. --- Philosophie.
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After several decades in which it became a prime target for critique, universalism remains one of the most important issues in social and political thought. Daniel Chernilo reassesses social theory's universalistic orientation and explains its origins in natural law theory, using an impressive array of classical and contemporary sources that include, among others, Habermas, Leo Strauss, Weber, Marx, Hegel, Rousseau and Hobbes. The Natural Law Foundations of Modern Social Theory challenges previous accounts of the rise of social theory, recovers a strong idea of humanity, and revisits conventional arguments on sociology's relationship to modernity, the enlightenment and natural law. It reconnects social theory to its scientific and philosophical roots, its descriptive and normative tasks and its historical and systematic planes. Chernilo's defense of universalism for contemporary social theory will surely engage students of sociology, political theory and moral philosophy alike.
Sociological theories --- Natural law --- Sociological jurisprudence --- Droit naturel --- Sociologie juridique --- Natural law. --- Law --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Law of nature (Law) --- Natural rights --- Nature, Law of (Law) --- Rights, Natural --- Social aspects. --- Philosophy. --- Social Sciences
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Hobbes's concept of the natural condition of mankind became an inescapable point of reference for subsequent political thought, shaping the theories of emulators and critics alike, and has had a profound impact on our understanding of human nature, anarchy, and international relations. Yet, despite Hobbes's insistence on precision, the state of nature is an elusive concept. Has it ever existed and, if so, for whom? Hobbes offered several answers to these questions, which taken together reveal a consistent strategy aimed at providing his readers with a possible, probable, and memorable account of the consequences of disobedience. This book examines the development of this powerful image throughout Hobbes's works, and traces its origins in his sources of inspiration. The resulting trajectory of the state of nature illuminates the ways in which Hobbes employed a rhetoric of science and a science of rhetoric in his relentless pursuit of peace.
Natural law. --- Fall of man. --- Nature and civilization. --- Civilization and nature --- Civilization --- Man, Fall of --- Sin --- Sin, Original --- Law of nature (Law) --- Natural rights --- Nature, Law of (Law) --- Rights, Natural --- Law --- Hobbes, Thomas, --- Hobbes, Thomas --- Gobbs, Tomas, --- Hobbs, Thomas, --- Gobbes, Tomas, --- T. H. --- H., T. --- Hobs, Thomas, --- Hobbes, --- Hobbes, Thom. --- Hobbius, Thomas, --- Hobbuzu, Tomasu, --- Huobusi, --- Hobbs, Tho. --- הובס, תומס, --- 霍布斯, --- ホッブズ, トマス,
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Rousseau's Discourse on the Origin of Inequality among Mankind, published in 1755, is a vastly influential study of the foundations of human society, including the economic inequalities it tends to create. To date, however, there has been little philosophical analysis of the Discourse in the literature. In this book, Frederick Neuhouser offers a rich and incisive philosophical examination of the work. He clarifies Rousseau's arguments as to why social inequalities are so prevalent in human society and why they pose fundamental dangers to human well-being, including unhappiness, loss of freedom, immorality, conflict, and alienation. He also reconstructs Rousseau's four criteria for assessing when inequalities are or are not legitimate, and why. His reconstruction and evaluation of Rousseau's arguments are accessible to both scholars and students, and will be of interest to a broad range of readers including philosophers, political theorists, cultural historians, sociologists, and economists.
Equality. --- Natural law. --- Political science. --- Social justice. --- Equality --- Justice --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Law of nature (Law) --- Natural rights --- Nature, Law of (Law) --- Rights, Natural --- Law --- Egalitarianism --- Inequality --- Social equality --- Social inequality --- Political science --- Sociology --- Democracy --- Liberty --- Rousseau, Jean-Jacques,
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Leo Strauss and his alleged political influence regarding the Iraq War have in recent years been the subject of significant media attention, including stories in the Wall Street Journal and New York Times.Time magazine even called him "one of the most influential men in American politics." With The Truth about Leo Strauss, Michael and Catherine Zuckert challenged the many claims and speculations about this notoriously complex thinker. Now, with Leo Strauss and the Problem of Political Philosophy, they turn their attention to a searching and more comprehensive interpretation of Strauss's thought as a whole, using the many manifestations of the "problem of political philosophy" as their touchstone. For Strauss, political philosophy presented a "problem" to which there have been a variety of solutions proposed over the course of Western history. Strauss's work, they show, revolved around recovering-and restoring-political philosophy to its original Socratic form. Since positivism and historicism represented two intellectual currents that undermined the possibility of a Socratic political philosophy, the first part of the book is devoted to Strauss's critique of these two positions. Then, the authors explore Strauss's interpretation of the history of philosophy and both ancient and modern canonical political philosophers, including Plato, Aristotle, Machiavelli, and Locke. Strauss's often-unconventional readings of these philosophers, they argue, pointed to solutions to the problem of political philosophy. Finally, the authors examine Strauss's thought in the context of the twentieth century, when his chief interlocutors were Schmitt, Husserl, Heidegger, and Nietzsche. The most penetrating and capacious treatment of the political philosophy of this complex and often misunderstood thinker, from his early years to his last works, Leo Strauss and the Problem of Political Philosophy reveals Strauss's writings as an attempt to show that the distinctive characteristics of ancient and modern thought derive from different modes of solving the problem of political philosophy and reveal why he considered the ancient solution both philosophically and politically superior.
Political science --- Philosophy. --- Strauss, Leo --- Criticism and interpretation. --- iraq war, politics, political science, philosophy, positivism, historicism, locke, machiavelli, aristotle, plato, nietzsche, heidegger, husserl, schmitt, western civilization, modernity, law of nature, weimar, great books, nonfiction, history, lucretius, thucydides, socrates, skepticism, jerusalem, athens, marsilius padua, reason, revelation, al farabi, maimonides.
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First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Civil rights. --- Human rights. --- Natural law. --- Law of nature (Law) --- Natural rights --- Nature, Law of (Law) --- Rights, Natural --- Law --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Civil liberties --- Civil rights --- Constitutional rights --- Fundamental rights --- Rights, Civil --- Constitutional law --- Political persecution --- Law and legislation --- Political philosophy. Social philosophy --- General ethics --- Legal theory and methods. Philosophy of law
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