Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (441)
- Natural Resources Law (437)
- Land Use Law (428)
- Oil, Gas, and Mineral Law (425)
- Water Law (421)
-
- Energy and Utilities Law (417)
- Jurisprudence (153)
- Law and Philosophy (143)
- Legal History (143)
- Constitutional Law (140)
- International Law (132)
- Law and Society (123)
- Comparative and Foreign Law (122)
- Public Law and Legal Theory (113)
- Property Law and Real Estate (111)
- Human Rights Law (108)
- Civil Law (103)
- Administrative Law (101)
- International Trade Law (101)
- European Law (100)
- Agriculture Law (98)
- Animal Law (98)
- Law and Politics (98)
- Religion Law (98)
- Rule of Law (97)
- Civil Rights and Discrimination (95)
- Disaster Law (94)
- Food and Drug Law (94)
- Institution
-
- University of New Mexico (320)
- Seattle University School of Law (87)
- Notre Dame Law School (70)
- University of Michigan Law School (54)
- St. John's University School of Law (30)
-
- Selected Works (29)
- Vanderbilt University Law School (17)
- Fordham Law School (16)
- Texas A&M University School of Law (16)
- Maurer School of Law: Indiana University (10)
- The Catholic University of America, Columbus School of Law (10)
- University of Georgia School of Law (9)
- Liberty University (8)
- Columbia Law School (7)
- Brooklyn Law School (6)
- The University of Akron (6)
- University of Richmond (6)
- University of Montana (4)
- Villanova University Charles Widger School of Law (4)
- American University Washington College of Law (3)
- Pace University (3)
- Southern Methodist University (3)
- UIC School of Law (3)
- William & Mary Law School (3)
- Cleveland State University (2)
- Cornell University Law School (2)
- New York Law School (2)
- Roger Williams University (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Kentucky (2)
- Keyword
-
- Natural law (63)
- Jurisprudence (25)
- Law (18)
- Morality (17)
- Natural Law (15)
-
- Positivism (14)
- Religion (10)
- Climate change (9)
- Legal theory (9)
- Constitution (8)
- Legal philosophy (8)
- Legal positivism (8)
- Ethics (7)
- Natural rights (7)
- Affirmative Action (6)
- Diversity (6)
- Environment (6)
- International law (6)
- Realism (6)
- Regulation (6)
- SFFA (6)
- Utilitarianism (6)
- Abortion (5)
- Arctic (5)
- Catholic Social Teaching (5)
- Freedom (5)
- Human Rights (5)
- Human rights (5)
- Law and Society (5)
- Nature (5)
- Publication Year
- Publication
-
- Natural Resources Journal (319)
- Seattle University Law Review (85)
- Journal Articles (69)
- Michigan Law Review (34)
- The Catholic Lawyer (28)
-
- Fordham Environmental Law Review (15)
- Texas A&M Journal of Property Law (14)
- Articles (10)
- Faculty Scholarship (9)
- Vanderbilt Law Review (9)
- Articles by Maurer Faculty (8)
- Brian M McCall (7)
- Akron Law Review (6)
- Georgia Journal of International & Comparative Law (6)
- Helm's School of Government Conference - American Revival: Citizenship & Virtue (6)
- Scholarly Articles (6)
- Robert Rodes (5)
- Vanderbilt Journal of Transnational Law (5)
- Faculty Publications (4)
- University of Richmond Law Review (4)
- Villanova Environmental Law Journal (4)
- All Faculty Scholarship (3)
- Catholic University Law Review (3)
- LLM Theses and Essays (3)
- Michigan Journal of International Law (3)
- Perkins Faculty Research and Special Events (3)
- Public Land & Resources Law Review (3)
- American Indian Law Journal (2)
- American University International Law Review (2)
- Articles & Chapters (2)
- Publication Type
- File Type
Articles 571 - 600 of 785
Full-Text Articles in Natural Law
Green Justice, The Environment And The Courts, Ruth L. Kovnat
Green Justice, The Environment And The Courts, Ruth L. Kovnat
Natural Resources Journal
No abstract provided.
Synopsis: Recent Developments In The Law Of The Sea 1986, Heidi K. Brown
Synopsis: Recent Developments In The Law Of The Sea 1986, Heidi K. Brown
Articles & Chapters
Nineteen eighty-six witnessed the adoption of "Resolution H" of the United Nations Convention on the Law of the Sea (LOS Convention), dealing with deep seabed mining. While the United Nations General Assembly reaffirmed its support of the LOS Convention, only seven nations ratified or acceded to the Convention in 1986. Some success was seen in fishing treaties and protection of marine mammals. Renewed concern surfaced regarding pollution of our oceans. Lastly, a long-brewing controversy between the United States and Libya erupted into a military confrontation in March, creating the major territorial dispute of 1986.
The Crisis Of Failing Bureaucracies, Michael Mccloskey
The Crisis Of Failing Bureaucracies, Michael Mccloskey
Natural Resources Journal
No abstract provided.
Practical Principles, Moral Truth, And Ultimate Ends, John M. Finnis, Germain Grisez, Joseph Boyle
Practical Principles, Moral Truth, And Ultimate Ends, John M. Finnis, Germain Grisez, Joseph Boyle
Journal Articles
The natural-law theory on which we have been working during the past twenty-five years has stimulated many critical responses. We have restated the theory in various works, not always calling attention to developments. This paper reformulates some parts of the theory, taking into account the criticisms of which we are aware.
On Reason And Authority In Law's Empire, John M. Finnis
On Reason And Authority In Law's Empire, John M. Finnis
Journal Articles
Law's Empire will shape jurisprudence by its admirably resourceful attention to understanding a community's law "internally". It promotes reflective understanding of the practical argumentation constitutive of the attitude(s) in which that law subsists. But the book neglects some of practical understanding's resources of political and moral theory, and overestimates practical reasoning's power to identify options as the best and the right)
Legal Enforcement Of "Duties To Oneself": Kant Vs. Neo-Kantians, John M. Finnis
Legal Enforcement Of "Duties To Oneself": Kant Vs. Neo-Kantians, John M. Finnis
Journal Articles
This Article considers writings by modern scholars including Rawls, Dworkin, and D.A.J. Richards on the topic of Kant's discussion of the neutrality principle and the harm principle.
The Separation Of Law And Morals, Noel Reynolds
The Separation Of Law And Morals, Noel Reynolds
Noel B Reynolds
The classic opposition of legal positivism and natural law theory resurfaces continually and reminds us that we have yet to resolve this key conflict in our ways of understanding the moral authority of law. The strengths and weaknesses of the two theories are reviewed—both have fatal flaws. Conventionalism is proposed as a means of finding internal standards in a man-made system of law. The naturally emerging standards for a conventionalist system of law turn out to be the already familiar principles of the rule of law.
Transboundary Oil And Gas Selected Bibliography, Alberto Székely
Transboundary Oil And Gas Selected Bibliography, Alberto Székely
Natural Resources Journal
No abstract provided.
Decree: The Congress Of The United Mexican States Decrees Federal Act Relating To The Sea, Congress Of The United Mexican States
Decree: The Congress Of The United Mexican States Decrees Federal Act Relating To The Sea, Congress Of The United Mexican States
Natural Resources Journal
No abstract provided.
Binational Uses Of Transboundary Air Resources: The International Entitlement Issue Reconsidered, Gunther Handl
Binational Uses Of Transboundary Air Resources: The International Entitlement Issue Reconsidered, Gunther Handl
Natural Resources Journal
No abstract provided.
The Hammer Clause Of The Reclamation Reform Act Of 1982, Ray G. Huffaker, B. Delworth Gardner
The Hammer Clause Of The Reclamation Reform Act Of 1982, Ray G. Huffaker, B. Delworth Gardner
Natural Resources Journal
No abstract provided.
The "Natural Law Tradition", John M. Finnis
The "Natural Law Tradition", John M. Finnis
Journal Articles
This "tradition of natural law theory" has three main features: First, critique and rejection of ethical scepticism, dogmatism and conventionalism; Second, clarification of the methodology of descriptive and explanatory social theories (e.g., political science, economics, jurisprudence .... ); Third, critique and rejection of aggregative conceptions of the right and the just (e.g., consequentialism, utilitarianism, wealth-maximization, "proportionalism"...).
The Unity Of Law & Morality: A Refutation Of Legal Positivism (Book Review), John H. Robinson
The Unity Of Law & Morality: A Refutation Of Legal Positivism (Book Review), John H. Robinson
Journal Articles
Professor Robinson provides a critique of M.J. Detmold’s book, The Unity of Law & Mortality: A Refutation of Legal Positivism. He argues that the book is flawed for failure to present his adversary’s position and for failure to explain the reasons for embracing an ontological perspective towards all ethics. Despite its ambition, the argument does not get off the ground.
The Role Of Strategic Reasoning In Constitutional Interpretation: In Defense Of The Pathological Perspective Comments, Vincent A. Blasi
The Role Of Strategic Reasoning In Constitutional Interpretation: In Defense Of The Pathological Perspective Comments, Vincent A. Blasi
Faculty Scholarship
I am indebted to Professor Christie, not only for noticing my work but also for challenging it in so forthright a manner. He has identified a feature of my thesis that deserves to be a focal point for additional debate. Any reader of my original article who was undecided whether to agree with it ought to be aided considerably in the task of critical evaluation by the exchange Professor Christie has initiated. I know my own understanding of the premises and implications of my thesis has been enhanced by the experience of working out a response to his challenge.
The …
What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan
What A Sensible Natural Lawyer And A Sensible Utilitarian Agree About And Disagree About: Comments On Finnis, Donald H. Regan
Articles
Before I start, let me say two things. First of all, to the extent that John Finnis is entering a plea for more attention to what is a relatively neglected tradition (in the narrow his message a hundred percent. And you courd learning about the natural law tradition than by reading his book, Natural Law and Natural Rights. My second introductory observation is that Finnis and I agree about many more things than you might expect if you just think of him as a natural law theorist and me as a utilitarian. I am very eccentric as a utilitarian. He …
Natural Law And Political Choice: The General Justification Defense – Criteria For Political Action And The Duty To Obey The Law, Kent Greenawalt
Natural Law And Political Choice: The General Justification Defense – Criteria For Political Action And The Duty To Obey The Law, Kent Greenawalt
Faculty Scholarship
During most of this century, a distinct separation has existed between natural law perspectives and perspectives about the nature of law and about social choices that have dominated American law schools. One could find elaborations of natural law in Catholic law schools and periodicals, but these expressions exercised little influence on the mainstreams of legal thought. In the last two decades, non-Catholics have grown to realize that they have much to learn from natural law approaches, and natural lawyers have tried to enhance their own understandings by references to other perspectives. I am emboldened to proceed by my strong belief …
Table Of Original Publication Citations, Natural Resources Journal
Table Of Original Publication Citations, Natural Resources Journal
Natural Resources Journal
No abstract provided.
The Moral Value Of Law, Philip Soper
The Moral Value Of Law, Philip Soper
Michigan Law Review
Suppose you have correctly concluded that it is your legal obligation to act or refrain from acting in a certain way. Can you, from that conclusion alone, say anything at all about what you ought to do morally?
An affirmative answer to this question implies that law has moral value regardless of content or circumstance: without knowing what the act is that the law commands or even what legal system has enacted the law, one would, on this view, be able to link the conclusion about legal obligation with some conclusion about moral responsibility. Such a view seems quite far-reaching …
The Natural Duty To Obey The Law, Kent Greenawalt
The Natural Duty To Obey The Law, Kent Greenawalt
Michigan Law Review
Though scholarly skepticism has been expressed during the past two decades, lawyers and others have often supposed that people have a moral obligation or duty to obey the law. This article is about one possible basis for that moral constraint, a natural duty. The article has a number of interrelated objectives. In it, I try to show briefly why theories of natural duty are so important in this context, how these theories differ from other moral bases for obedience, what the strengths and weaknesses are of particular arguments about a natural duty, what features unify apparently disparate approaches, what assumptions …
On "The Critical Legal Studies Movement", John M. Finnis
On "The Critical Legal Studies Movement", John M. Finnis
Journal Articles
"The present study critically examines the account of legal thought developed in Roberto Unger's very long article, ""The Critical Legal Studies Movement"" (1983), and tests it against Unger's own account of certain ""exemplary"" difficulties in the Anglo-American law of Contract. These scrutinies reveal that Unger's account fundamentally misunderstands the ways of legal thought, and disguises its misunderstanding behind equivocations on ""(in)determinate"" and ""(un)justified."""
On 'Positivism' And 'Legal Rational Authority', John M. Finnis
On 'Positivism' And 'Legal Rational Authority', John M. Finnis
Journal Articles
This Article critiques Anthony Kronman’s book Max Weber, which provides an interpretation of Weber’s social theory of law concerning positivism and legal rational authority. In particular, the three premises of Kronman’s thesis regarding social theory are considered and their weaknesses are explained. Through this critique, the Author argues that no good reason has been presented to accept that Weber’s positivist theory is of value.
The Natural Duty To Obey The Law, Kent Greenawalt
The Natural Duty To Obey The Law, Kent Greenawalt
Faculty Scholarship
In this Article, Professor Greenawalt examines the strengths and weaknesses of arguments asserting the existence of a natural duty to obey the law. He begins by defining "natural duty," and then investigates this concept in the theories of John Finnis, John Rawls, Tony Honore, Philip Soper, and John Mackie. Drawing upon the similarities of these theories, Professor Greenawalt questions the nature, reach, and force of the natural duty to obey, considering, among other things, whether the duty extends to laws that are unjust or to laws with which few others comply, and examining more generally when duties should be understood …
European Integration Through Fundamental Rights, Jochen Abr. Frowein
European Integration Through Fundamental Rights, Jochen Abr. Frowein
University of Michigan Journal of Law Reform
The conception of fundamental rights as natural rights of human beings developed in European legal thinking mainly in the seventeenth and eighteenth centuries. John Locke, Jean-Jacques Rousseau, and also Immanuel Kant should be mentioned. But it was in the new world that the principles of fundamental human rights were first put into practice. A little more than ten years after the first American declarations, the "Declaration des droits de l'homme et du citoyen" was adopted in Paris; it remains part of French constitutional law today. But, unlike the development in the United States, the French guarantees could not be enforced …
An Economic Analysis Of Illinois New Hazardous Waste Law, J. Lon Carlson, Gary V. Johnson, Tom S. Ulen
An Economic Analysis Of Illinois New Hazardous Waste Law, J. Lon Carlson, Gary V. Johnson, Tom S. Ulen
Natural Resources Journal
No abstract provided.
Centralized Decisionmaking In The Administration Of Groundwater Rights: The Experience Of Arizona, California And New Mexico And Suggestions For The Future, Zachary A. Smith
Centralized Decisionmaking In The Administration Of Groundwater Rights: The Experience Of Arizona, California And New Mexico And Suggestions For The Future, Zachary A. Smith
Natural Resources Journal
No abstract provided.
The 1977 Procedural Amendments To The Clean Air Act - Have They Made A Difference, Eileen Paez
The 1977 Procedural Amendments To The Clean Air Act - Have They Made A Difference, Eileen Paez
Natural Resources Journal
No abstract provided.
The Unfinished Work Of The Instrumentalists, Willard Hurst
The Unfinished Work Of The Instrumentalists, Willard Hurst
Michigan Law Review
A Review of Instrumentalism and American Legal Theory by Robert Samuel Summers
Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer
Allocational Sanctions: The Problem Of Negative Rights In A Positive State, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Environmental Law - Atomic Energy Act, Steven B. Bennett
Environmental Law - Atomic Energy Act, Steven B. Bennett
Natural Resources Journal
No abstract provided.
Water Law - Sporhase V. Nebraska, Mary Ann Green
Water Law - Sporhase V. Nebraska, Mary Ann Green
Natural Resources Journal
No abstract provided.