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Contra Naturam, F. H. Buckley

Northern Illinois University Law Review

There’s a revival of interest in natural law, but while its adherents claim to hold the philosophic high ground, they’ve failed to recognize the doctrine’s weaknesses. Classical natural law holds that our moral requirements are rooted in the natural world and the instincts and preferences that form human nature. However, this runs afoul of the logical distinction between empirical and normative statements; and while other natural lawyers say they’ve avoided this problem, their “New Natural Law” implausibly asserts that rational self-interest will lead us to the good. It won’t, because rational self-interest can’t explain the duties we owe other people. …

Politics Under Noah's Rainbow: David Vandrunen's Contribution To Reformed Political Theology, Matthew J. Tuininga

CTS Faculty Publications and Creative Activity

No abstract provided.

Contested Moral Issues In Contemporary African Catholicism: Theological Proposals For A Hermeneutics Of Multiplicity And Inclusion, Stan Chu Ilo

Journal of Global Catholicism

Drawing upon the broad work of Vatican II and Pope Francis’ Evangelicum Gaudium the article proposes how a hermeneutic of multiplicity and inclusion could help hold in balance the tension between tradition and innovation, universal principles and specific contextual application for Catholicism in Africa. Among the issues addressed are cultural relativism, natural law theory, and polygamy.

Catholic Theology And The Enlightenment (1670–1815), Ulrich Lehner

Theology Faculty Research and Publications

This chapter examines the Catholic Church’s engagement with the Enlightenment from 1670–1815. It considers Catholic philosophies of the Enlightenment and new conceptualizations of natural law. The chapter also explores Catholic exegetical discussions during the period, showing how Enlightenment concerns enabled new styles of attention to the Scriptural text, new Patristic scholarship, and the origins of the later liturgical movement. Jansenist and Gallican theologies stimulated reflection on eccelesiology and the papacy, and a variety of thinkers developed new theologies of the state, and of the economy. This period also saw the rise of the Catholic ultramontanism that was to mark Church …

Implementing Religious Law In Modern Nation-States: Reflections From The Catholic Tradition, Patrick Brennan

Patrick McKinley Brennan

This paper originated as an invited contribution to a symposium on "Implementing Religious Law in Contemporary Nation-States: Definitions and Challenges," sponsored by the Robbins Collection, Berkeley Hall, Boalt Hall, U.C. Berkeley, February 2014. The symposium by design brought papers speaking variously from Christian, Jewish, and Muslim perspectives into conversation. My paper proposes that the Catholic tradition of reflection on human lawmaking, even in modern nation-states, must take as its starting point the God who rules His rational creatures through higher or eternal law, where the rational creature’s participation in that higher law is what is known as the natural law. …

The New Natural Law Theory: A Reply To Jean Porter, Gerard V. Bradley, Robert George

Gerard V. Bradley

No abstract provided.

The Thomistic Conception Of Natural Law: Does It Commit The Naturalistic Fallacy?, Maria M. Owen

Senior Honors Theses

Does Thomistic Natural Law theory commit the naturalistic fallacy? Ralph McInerny seems to think that Thomistic Natural Law, as Thomas Aquinas himself articulates it, escapes any potentially defeating criticism derived from the Naturalistic fallacy as described most notably by G. E. Moore and David Hume, which states that morality is not derivable from any natural property. The naturalistic fallacy, if successful in its purpose, deals a fatal blow to the school of moral philosophy that strives to adhere to traditional Thomism. In response to the criticism rooted in the Naturalistic fallacy, scholars like John Finnis insist that Thomistic Natural Law …

The Ontological Foundations For Natural Law Theory And Contemporary Ethical Naturalism, Bernard Mauser

Dissertations (1934 -)

This dissertation explores some objections to natural law theory- many of which are also leveled against contemporary naturalism. Despite the way the natural law tradition has fallen into disrepute in much of the American academy, this dissertation defends a classical Thomistic approach to natural law from some modern and contemporary criticisms. It begins with a brief explanation of the theory of natural law that will be defended from these contemporary objections. Chapter three examines G.E. Moore and David Hume's classical problems posed to natural law, along with some contemporary defenders of Moore's position. These arguments are purported to undermine using …

Mercy, Justice, And Politics: John Paul Ii On Capital Punishment, Kevin E. Miller

Dissertations (1934 -)

Pope John Paul II's 1995 Evangelium Vitae teaches that capital punishment ought not be used "except ... when it would not be possible otherwise to defend society." Several interpretations of this teaching have been proposed. Through a close reading of the encyclical in itself, in light of John Paul's other writings on the human person and morality, especially the 1980 Dives in Misericordia, and also in the context of such important influences upon him as Thomas Aquinas and Henri de Lubac, I dispute, on the one hand, the interpretation according to which John Paul is pointing toward possible acceptance of …

Natural Law, Positive Law, And Conflicting Social Norms In Harper Lee's To Kill A Mockingbird, Maureen E. Markey

Maureen E. Markey

This Article explores the complex interaction of natural law, positive law, and conflicting social norms in To Kill a Mockingbird by Harper Lee, one of the most widely read works in all of American literature and a classic of the Law and Literature canon. Because Atticus Finch, more than any real life lawyer, exemplifies both the personal and professional identity that most lawyers strive for, the novel has been hugely influential in many lawyers= lives. In a profession often stereotyped as greedy, amoral, and uncaring, Atticus represents transcendent moral values, traditionally recognized as a natural law view of the world, …

Seeking Justice Below The Guidelines: Sentencing As An Expression Of Natural Law, Mark Osler

Mark Osler

Even though there are strong personal incentives against it, federal judges abandon the sentencing guidelines in about one-third of all cases. Shockingly, when they sentence outside of the range, 96% of the time the sentence is below the range rather than above. Looking to both traditional descriptions of natural law and the use of natural law within American history, the author argues that this tendancy can be seen as a natural law impulse, and one that ultimately will undermine limitations on sentencing discretion in the form of guidelines.

The Mercy Of Judges As An Expression Of Natural Law, Mark Osler

Mark Osler

Even though there are strong personal incentives against it, federal judges abandon the sentencing guidelines in about one-third of all cases. Shockingly, when they sentence outside of the range, 96% of the time the sentence is below the range rather than above. The author argues that this tendancy can be seen as a natural law impulse towards mercy, and one that ultimately will undermine any limitation on sentencing discretion in the form of guidelines.

Catholic Social Thought And The Reality Of The Corporation, Michael Lp Lower

Michael LP Lower

The debate about whether society, the corporation and any other type of "universal" has a reality outside of the mind is an old one. Catholic Social Thought (CST) sees the corporation as a community of persons. It has an existence (a life and ability to operate) of its own and is oriented to the good of its participants. This view is contrasted with the nexus of contracts approach, Williamson's Transaction Cost Economics approach and some types of stakeholder theory. It is contended that CST's approach is more realistic.

The Courts, Natural Rights, And Religious Claims As Knowledge, Francis J. Beckwith

Santa Clara Law Review

No abstract provided.

Christian Anthropology And The Theory Of The Firm, Michael Lp Lower

Michael LP Lower

Catholic social thought (CST), a branch of moral theology, reflects Christian anthropology (an understanding of human nature that draws on Revelation and natural law theory). CST's understanding of what communities (such as the corporation) are for and how they can best achieve their ends are coloured by its anthropological underpinnings. The same, it is argued, is true for economic theories such as the theories of the firm based on Coase. This paper compares Christian anthropology with the implicit anthropology underpinning some of the dominant economic theories of the firm. Differences at this level go a long way to explaining mismatches …

The Decreasing Ontological Density Of The State In Catholic Social Doctrine, Patrick Mckinley Brennan

Villanova Law Review

No abstract provided.

Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin

Fordham Urban Law Journal

This Article examines the loss of the natural law perspective from legal theory and the movement towards liberal theory. The Article continues by analyzing two features of the natural law tradition as described in the philosophical writings of Karol Wojtyla. The first feature concerns marriage and family as the fundamental human community. The second considers marriage as a virtuous relationship. The Article concludes with practical suggestions for the legal profession and legal education with regard to counseling clients about marriage.

On The Dividing Line Between Natural Law Theory And Legal Positivism, Brian Bix

Notre Dame Law Review

No abstract provided.

Kelsen And Aquinas On The Natural-Law Doctrine, Robert P. George

Notre Dame Law Review

No abstract provided.

Natural Law, Marriage, And The Thought Of Karol Wojtyla, John J. Coughlin

Journal Articles

This Article examines the loss of the natural law perspective from legal theory and the movement towards liberal theory. The Article continues by analyzing two features of the natural law tradition as described in the philosophical writings of Karol Wojtyla. The first feature concerns marriage and family as the fundamental human community. The second considers marriage as a virtuous relationship. The Article concludes with practical suggestions for the legal profession and legal education with regard to counseling clients about marriage.

Freedom And Truth In Veritatis Splendor And The Meaning Of Theonomy, Lois E. Malcolm

Faculty Publications

No abstract provided.

The New Natural Law Theory: A Reply To Jean Porter, Gerard V. Bradley, Robert George

Journal Articles

The theory of practical reasoning and morality proposed by Germain Grisez, and developed by him in frequent collaboration with John Finnis and Joseph Boyle, is the most formidable presentation of natural law theory in this century. Although work by Finnis and others has brought this "new natural law theory" (NNLT) to the attention of secular philosophers, the theory is of particular interest to Catholic moralists. This is because NNLT provides resources for a fresh defense of traditional moral norms, including those forbidding abortion, euthanasia, and other forms of "direct" killing, as well as sexual immoralities such as fornication, sodomy, and …

Natural Law And The Marriage Of Christians, Robert E. Rodes

Journal Articles

Traditional Catholic marriage doctrine is under a good deal of pressure these days, and much of the pressure seems to come from canonists. It is not surprising that this should be the case. The ideal of Christian lovers giving themselves to one another irrevocably, and living out their commitment, with God's help, until death has lost none of its attractiveness. But as the canonists reflect on what they are doing, they become increasingly disturbed by their inability to offer a practical way out to people who have signally failed to implement the ideal in their lives.

Nevertheless, it seems to …

The Hermeneutic Function Of The Principle Of Double Effect, Peter Knauer

Natural Law Forum

No abstract provided.

Real Crimes And Quasi Crimes, P. J. Fitzgerald

Natural Law Forum

No abstract provided.

Natural Law Institute Proceedings, 1951, Vol. 5, Edward F. Barrett, John J. Cavanaugh C.S.C., J. Francis A. Mcintyre, Solomon Freehof, Khalifa Abdul Hakim, M. S. Sundaram, Daisetz T. Suzuki, Hu Shih, George E. Sokolsky, Theodore M. Hesburgh C.S.C.

Natural Law Institute Proceedings

From the Editor's Preface

The 1951 convocation was held in the College of Law, December 11–15. At the conclusion of a three-day series of information round-table discussions, the papers presented in this volume were read. The Most Reverend J. Francis A. McIntyre's, Archbishop of Los Angeles, introductory address is printed here along with five scholars of international reputation—all non-Christians—who for two days explored the place of Natural Law in their respective philosophical and religious traditions.

• Jewish Tradition
• Moslem Tradition
• Hindu Tradition
• Buddhist Tradition
• Chinese Tradition

Natural Law Institute Proceedings, 1949, Vol. 3, John J. Cavanaugh C.S.C., Pope Pius Xii, Edward F. Barrett, Richard O'Sullivan, Edward S. Corwin, Stephan Kuttner, Carlos P. Romulo

Natural Law Institute Proceedings

From the Foreword

The papers presented during the 1949 sessions of the Third Natural Law Institute of the University of Notre Dame and reprinted in this volume have brilliantly maintained the high standards of exacting scholarship set by the preceding sessions of 1947 and 1948. They deal with the impact of the Natural Law on four great bodies of positive law.

• Common Law
• Canon Law
• Constitutional Law
• International Law

A Note On Samuel Pufendorf, Anton-Hermann Chroust

Vanderbilt Law Review

The work of Samuel Pufendorf was certainly the outstanding influence on continental legal philosophy during the second half of the seventeenth and throughout the eighteenth centuries. From his work comes the supposedly authoritative notion that scientific natural law and, hence, true legal philosophy as such, began with Hugo Grotius. What he actually meant to say was that Hugo Grotius had secularized the natural law, that is, he had divorced it from moral theology and put it on a non-theological--and, we may surmise--on a non-ethical basis.