Natural Law in Jurisprudence and Politics
Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.
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acceptance sense account of political adhere affirm agents aggregative common aggregative conception appeal Aquinas’s argument assertions authoritative backed by decisive bligers characteristic activity citizens claim coercion commitment common good principle consent account consent theory consent view coordination criminal decisive reasons defective defender determination dictates distinctive good view expressive Finnis Finnis’s friend’s Fugitive Slave Act function hold IIaIIae illocutionary act illocutionary force justice justified law political philosophy law’s authority legal positivism legal punishment legal system moral natural law account natural law jurisprudence natural law political natural law theorist natural law thesis natural law view non-defective normative force objection one’s share perform persons point of view political authority political community practical reasonableness promise promote the common realized reason to comply reasons for action reasons for compliance requirement response retributivism retributivist rule of recognition Shafer-Landau simply sort speech-act strong natural law subpolitical Summa Theologiae Suppose utilitarian weak natural law
Page xi - Now, to say that human laws which conflict with the Divine law are not binding, that is to say, are not laws, is to talk stark nonsense. The most pernicious laws, and therefore those which are most opposed to the will of God, have been and are continually enforced as laws by judicial tribunals.