Results 231 to 240 of about 14,840,725 (284)
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Philosophy Compass, 2016
Abstract This article considers natural law perspectives on the nature of law. Natural law theories are united by what Mark Murphy calls the natural law thesis : law is necessarily a rational standard for conduct.
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Abstract This article considers natural law perspectives on the nature of law. Natural law theories are united by what Mark Murphy calls the natural law thesis : law is necessarily a rational standard for conduct.
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Is the “New Natural Law Theory” Actually a Natural Law Theory?
2012The most peculiar and controversial aspect of John Finnis’ and Germain Grisez’s account of natural law theory is their tacit acceptance of David Hume’s and George Edward Moore’s thesis about the impossibility of deriving “ought” from “is” (“naturalistic fallacy”) and, therefore, their understanding of natural law principles as principia per se nota ...
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2017
In this chapter we will critically examine natural law theory and the proposal that there is a necessary connection between positive (human-created) family law and natural family law (objectively valid, universal moral rules not created by humans). Natural law theory, as it applies to family law, proposes that the rules of positive family law are valid
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In this chapter we will critically examine natural law theory and the proposal that there is a necessary connection between positive (human-created) family law and natural family law (objectively valid, universal moral rules not created by humans). Natural law theory, as it applies to family law, proposes that the rules of positive family law are valid
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1994
Abstract This volume presents twelve original essays by contemporary natural law theorists and their critics. Natural law theory is enjoying a revival of interest today in a variety of disciplines, including law, philosophy, political science, and theology and religious studies.
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Abstract This volume presents twelve original essays by contemporary natural law theorists and their critics. Natural law theory is enjoying a revival of interest today in a variety of disciplines, including law, philosophy, political science, and theology and religious studies.
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Natural Law Theory, Legal Positivism, and the Normativity of Law
The European Legacy, 2015AbstractThis essay examines two dominant traditions in legal philosophy, the natural law theory and legal positivism, in terms of how they account for the normativity of law. I argue that, although these two traditions generally take the question of the normativity of law seriously and try to account for it, they are not successful in doing so.
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LIBERTY AND NATURAL RIGHTS IN PUFENDORF’S NATURAL LAW THEORY
20061 The standard scholarly editions of these two works are Pufendorf 1997 and Pufendorf 1998. English translations in this article are, with slight alterations, from Pufendorf 1927, Pufendorf 1934, Pufendorf 1991, and Pufendorf 1994 (an English translation of De Officio from 1691 is available in Pufendorf 2003).
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Politics, 1995
This paper examines Hegel's attitude towards natural law theory. Commentators disagree on this. Some say that Hegel is hostile to natural law theory and that he is a legal positivist. Others say that he is in fact, a natural law theorist in the conventional sense. The paper argues that both of these interpretations are incorrect. It takes the view that
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This paper examines Hegel's attitude towards natural law theory. Commentators disagree on this. Some say that Hegel is hostile to natural law theory and that he is a legal positivist. Others say that he is in fact, a natural law theorist in the conventional sense. The paper argues that both of these interpretations are incorrect. It takes the view that
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SSRN Electronic Journal, 2006
Corporate governance scholarship is awash with theories of the firm: these are "stories" or metaphors that try to shed light on the nature and purpose of the firm as an institution and on one or more of the following questions: (i) how the institution of the firm "evolved" (or its economic or social purpose); (ii) whether "the firm" is a reality or a ...
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Corporate governance scholarship is awash with theories of the firm: these are "stories" or metaphors that try to shed light on the nature and purpose of the firm as an institution and on one or more of the following questions: (i) how the institution of the firm "evolved" (or its economic or social purpose); (ii) whether "the firm" is a reality or a ...
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The Planning Theory and Natural Law
Law and Philosophy, 2014The practical, normative dimension of planning is a plausible source of the ‘family resemblances’ noted by a number of legal theorists between Scott Shapiro’s Planning Theory and natural law jurisprudence. Foremost among these resemblances is Shapiro’s contention that the law, necessarily, has a moral aim.
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