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Philosophy

SelectedWorks

2008

Natural Law

Articles 1 - 3 of 3

Full-Text Articles in Arts and Humanities

Prolegomena To A Process Theory Of Natural Law, Mark C. Modak-Truran Jan 2008

Prolegomena To A Process Theory Of Natural Law, Mark C. Modak-Truran

Mark C Modak-Truran

Two contemporary quandaries in legal theory provide an occasion for a revival of interest in natural law theories of law. First, the debate about legal indeterminacy has made it clear that law cannot function autonomously—as a self-contained set of rules—but requires a normative justification of judges’ decisions in hard cases. In addition, Steven D. Smith has persuasively argued that there is an "ontological gap" between the practice of law, which presupposes a classical or religious ontology, and legal theory, which presupposes a scientific ontology (i.e., scientific materialism) that rejects religious ontology. This article demonstrates how the process philosophy of Alfred …


Political Liberalism And Public Reason, Mario Šilar Jan 2008

Political Liberalism And Public Reason, Mario Šilar

Mario Šilar

The paper explores John Rawls´s idea of public reason, as reflected in Political Liberalism and The Idea of Public Reason Revisited. In Rawls’s later works, public reason acquires fundamental significance as a criterion by which the principles to be assumed from the outset in a theory of political justice may be determined. The starting-point for Rawls´s theory -the idea of citizens as free and equal reveals- that this abstraction falls short of an authentic conception of human beings as social by nature. A brief study of key issues concerning marriage and the family shows the difficulties that underlie this question. …


The Practical Value Of Natural Law Theory In The Work Of St Thomas Aquinas, Mario Šilar Jan 2008

The Practical Value Of Natural Law Theory In The Work Of St Thomas Aquinas, Mario Šilar

Mario Šilar

No abstract provided.