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Legal History Commons

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Articles 1 - 5 of 5

Full-Text Articles in Legal History

The New Natural Law Theory: A Reply To Jean Porter, Gerard V. Bradley, Robert George Jan 1994

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

Journal Articles

No abstract provided.


Listening For The Future In The Voices Of The Past: John T. Noonan, Jr. On Love And Power In Human History, M. Cathleen Kaveny Jan 1994

Listening For The Future In The Voices Of The Past: John T. Noonan, Jr. On Love And Power In Human History, M. Cathleen Kaveny

Journal Articles

A discussion of works on moral theology and canon law by Judge John T. Noonan Jr. (1926-2017) from the 1950s to the 1980s, which deal with the subjects of usury, contraception, marriage, slavery, bribery and religious liberty. Its focus is on Noonan’s normative commitments regarding epistemology, theological anthropology and the relation of love, justice and law. The article argues that Noonan was influenced by three core ideas, an epistemological view that moral knowledge is sought after and articulated in particular times and places, an anthropological view that argues the study of ethics, law, and theology must sensitively discern the ...


Liberalism And Natural Law Theory, John M. Finnis Jan 1994

Liberalism And Natural Law Theory, John M. Finnis

Journal Articles

No abstract provided.


Response To Hittinger, Gerard V. Bradley Jan 1994

Response To Hittinger, Gerard V. Bradley

Journal Articles

No abstract provided.


A Process Theory Of Torts, Jay Tidmarsh Jan 1994

A Process Theory Of Torts, Jay Tidmarsh

Journal Articles

This article is meant to reconcile two schools of intellectual thought regarding tort law, the conceptualist and the anti-conceptualist. It argues that torts must be understood as a system in perpetual process--forever indefinite and infinitely malleable in its precise theoretical, doctrinal and practical manifestations--yet ultimately bounded in its possibilities. It then defines the limits of torts law as a process that constantly regenerates the old face of tort theory, doctrine and practice into the new.