The Threads of Natural Law: Unravelling a Philosophical Tradition

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Francisco José Contreras
Springer Science & Business Media, Dec 13, 2012 - Philosophy - 242 pages
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The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. The contributions to this volume discuss both historical and contemporary schools of natural law. Topics on historical schools of natural law include: how Aristotelian theory of rules paved the way for the birth of the idea of "natural law"; the idea's first mature account in Cicero's work; the tension between two rival meanings of “man’s rational nature” in Aquinas’ natural law theory; and the scope of Kant’s allusions to “natural law”. Topics on contemporary natural law schools include: John Finnis's and Germain Grisez's “new natural law theory”; natural law theories in a "broader" sense, such as Adolf Reinach’s legal phenomenology; Ortega y Gasset’s and Scheler’s “ethical perspectivism”; the natural law response to Kelsen’s conflation of democracy and moral relativism; natural law's role in 20th century international law doctrine; Ronald Dworkin’s understanding of law as “a branch of political morality”; and Alasdair Macintyre’s "virtue"-based approach to natural law.

 

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Contents

Chapter 1 Aristotle on Practical Rules Universality and the Law
1
Chapter 2 Cosmopolitanism and Natural Law in Cicero
27
Chapter 3 Natural Law Autonomous or Heteronomous? The Thomistic Perspective
37
Chapter 4 The Competing Sources of Aquinas Natural Law Aristotle Roman Law and the Early Christian Fathers
46
Chapter 5 God and Natural Law Reflections on Genesis
65
Chapter 6 Natural Right and Coercion
84
Chapter 7 Natural Law and the Phenomenological Given
107
Chapter 8 Perspectivism and Natural Law
122
Chapter 9 Natural Law Theory in Spain and Portugal
135
Chapter 10 International Law and the Natural Law Tradition The Influence of Verdross and Kelsen on Legaz Lacambra
153
Chapter 11 Is the New Natural Law Theory Actually a Natural Law Theory?
178
Chapter 12 Alasdair MacIntyre on Natural Law
191
Chapter 13 Dworkin and the Natural Law Tradition
210
Chapter 14 Public Reason Secularism and Natural Law
223
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