A Natural Law Approach to Normativity PDF Download

Author: Bebhinn Donnelly
Publisher: Routledge
ISBN: 1317187474
Category : Law
Languages : en
Pages : 193

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Book Description
Exploring the relationship between natural law theory and the philosophy of law, Bebhinn Donnelly proposes a new approach to natural law theory - one which addresses some of the tradition's shortcomings and advances further its approach to Hume's dichotomy. Key features: ¢ Provides a clear definition of `nature' in this context ¢ Contrasts the work of Hume and Kant regarding the `is/ought' issue ¢ Examines the approach in traditional natural law ¢ Presents a full discussion of Finnis and the departure from traditional natural law ¢ Proposes a new, natural law approach to normativity, drawing on the strengths of traditional natural law theory ¢ Illustrates how natural law may provide a normative base for law A Natural Law Approach to Normativity presents an original perspective on natural law theory and will be of interest to academics in philosophy of law, moral/political philosophy, natural law theorists, and students of jurisprudence internationally.

Author: Bebhinn Donnelly
Publisher: Routledge
ISBN: 1317187482
Category : Law
Languages : en
Pages : 174

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Book Description
Exploring the relationship between natural law theory and the philosophy of law, Bebhinn Donnelly proposes a new approach to natural law theory - one which addresses some of the tradition's shortcomings and advances further its approach to Hume's dichotomy. Key features: ¢ Provides a clear definition of `nature' in this context ¢ Contrasts the work of Hume and Kant regarding the `is/ought' issue ¢ Examines the approach in traditional natural law ¢ Presents a full discussion of Finnis and the departure from traditional natural law ¢ Proposes a new, natural law approach to normativity, drawing on the strengths of traditional natural law theory ¢ Illustrates how natural law may provide a normative base for law A Natural Law Approach to Normativity presents an original perspective on natural law theory and will be of interest to academics in philosophy of law, moral/political philosophy, natural law theorists, and students of jurisprudence internationally.

Author: Nicoletta Bersier Ladavac
Publisher: Springer
ISBN: 3030189295
Category : Law
Languages : en
Pages : 180

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Book Description
This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.

Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Category : Political Science
Languages : en
Pages : 221

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Book Description
Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.

Author: Kenneth Einar Himma
Publisher: Oxford University Press
ISBN: 0192597175
Category : Law
Languages : en
Pages : 289

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Book Description
The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law. Coercion and the Nature of Law is concerned with reviving the Coercion Thesis, presenting a strong case for the inherently coercive nature of legal regulation, and arguing that anything properly characterized as a legal system must back legal norms prohibiting breaches of the peace with the threat of a coercive sanction. Himma presents the argument that people are self-interested beings who must compete in a world of scarcity for everything they need to survive and thrive. The need to compete for resources naturally leads to conflict that can breach the peace, and threatens the ability to live together in a community and reap the social benefits of cooperation. Law only functions as a system if it can maintain the peace enough for community to continue, and thus systems of law cannot succeed in doing anything that we want systems of law to do unless they back laws prohibiting violent assaults on persons or property with the threat of punishment; without sanctions, we would descend into something resembling a condition of war-of-all-against-all. We adopt coercive systems of regulation precisely to avoid having to live under such conditions. The book is divided into three parts: (1) a prima facie logical-empirical case for the Coercion Thesis, (2) a study of the "society of angels" and international law counterexamples, and why they do not refute the thesis, and (3) an analysis of how law guides behaviour and the implications of the Coercion Thesis on reasons for action. Going against the current conventional wisdom in legal philosophy, Himma makes a systematic defence of the Coercion Thesis arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.

Author: Konstantin Pollok
Publisher: Cambridge University Press
ISBN: 1107127807
Category : Philosophy
Languages : en
Pages : 343

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Book Description
A milestone in Kant scholarship, this interpretation of his critical philosophy makes sense of his notorious 'synthetic judgments a priori'.

Author: Hannah Ginsborg
Publisher:
ISBN: 019954798X
Category : Philosophy
Languages : en
Pages : 373

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Book Description
Why read Kant's Critique of Judgment? For most readers, the importance of the work lies in its contributions to aesthetics and, to a lesser extent, the philosophy of biology. Hannah Ginsborg, by contrast, sees the Critique of Judgment as a central contribution to the understanding of human cognition generally. The fourteen essays collected here advance a common interpretive project: that of bringing out the philosophical significance of the notion of judgment which figures in the third Critique and showing its importance both to Kant's own theoretical philosophy and to contemporary views of human thought and cognition. For us to possess the capacity of judgment, on the interpretation defended here, is for our natural perceptual and imaginative responses to involve a claim to their own normativity with respect to the objects which cause them. It is in virtue of this capacity that we are able not merely to respond discriminatively to objects, as animals do, but to bring objects under concepts. The Critique of Judgment, on this reading, rejects the traditional dichotomy between the natural and the normative: our natural psychological responses to the spatio-temporal objects which affect our senses are both causally determined by those objects, and normatively appropriate to them. The essays in this book aim collectively to develop and illuminate this understanding of judgment in its own right, and to use it to address specific interpretive issues in Kant's aesthetics, theory of knowledge, and philosophy of biology; they are also concerned to bring out the relevance of this conception of judgment to contemporary debates regarding concept-acquisition, the content of perception, and skepticism about rules and meaning.

Author: Petar Popović
Publisher:
ISBN: 9780813235516
Category : Law
Languages : en
Pages : 328

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Book Description
This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

Author: Giancarlo Marchetti
Publisher: Routledge
ISBN: 1317354672
Category : Philosophy
Languages : en
Pages : 440

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Book Description
This collection offers a synoptic view of current philosophical debates concerning the relationship between facts and values, bringing together a wide spectrum of contributors committed to testing the validity of this dichotomy, exploring alternatives, and assessing their implications. The assumption that facts and values inhabit distinct, unbridgeable conceptual and experiential domains has long dominated scientific and philosophical discourse, but this separation has been seriously called into question from a number of corners. The original essays here collected offer a diversity of responses to fact-value dichotomy, including contributions from Hilary Putnam and Ruth Anna Putnam who are rightly credited with revitalizing philosophical interest in this alleged opposition. Both they, and many of our contributors, are in agreement that the relationship between epistemic developments and evaluative attitudes cannot be framed as a conflict between descriptive and normative understanding. Each chapter demonstrates how and why contrapositions between science and ethics, between facts and values, and between objective and subjective are false dichotomies. Values cannot simply be separated from reason. Facts and Values will therefore prove essential reading for analytic and continental philosophers alike, for theorists of ethics and meta-ethics, and for philosophers of economics and law.

Author: Petar Popovic
Publisher: CUA Press
ISBN: 0813235502
Category : Law
Languages : en
Pages : 328

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Book Description
This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.