Philosophy Commons^™

The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei

Liberty University Journal of Statesmanship & Public Policy

Philosophy of law and legal jurisprudence have received recent attention in the United States due to the significant change in the makeup of the Supreme Court. Historical understanding of the legal philosophies that have influenced the U.S. and the ancient principles upon which they are built must of necessity be properly assessed. This thesis proposes that Aquinas’s conception of Natural Law as the basis for legal teleology provides a superior grounding for American jurisprudence than the theories of legal positivism and critical legal theory due to the superiority of Natural Law’s integration of ultimate final causes. Through a survey of …

The Federalist Papers' Account Of Human Nature, Jeffrey P. Smith

Dissertations, Theses, and Capstone Projects

This paper is an analysis of the account of human nature found in The Federalist Papers. This interpretation assumes The Federalist is a work of political rhetoric and advocacy, but also one of genuine significance as political science and philosophy. As a book, The Federalist is a coherent whole, which offers a coherent account of human nature, despite the collective nature of its authorship, the time pressures of its publication, and the piecemeal nature of its workmanship. This understanding of human nature is the thread which runs through all its analysis and numbers. Its arguments asserting the inadequacies of …

Natural Law And Latinx Social Ethics: A Narrative Approach, Mathew D. Scruggs

Electronic Theses and Dissertations

This dissertation will argue concepts rooted in Latinx social ethics provides a corrective to acontextual and ahistorical, Euroamerican natural law frameworks by positing natural law as a type of moral reasoning rooted in the contexts, histories, and narratives of particular communities. Rooting natural law in the narrative practices of Latinx communities not only reveals the need for justice for oppression against Latinx bodies from the wider community, but also offers a corrective to ahistorical and acontextual Euroamerican natural law frameworks. A Latinx natural law functions as a radical and prophetic critique against systems of oppression that destroy the lives of …

Natural Law, The Object Of The Act, And Double Effect: Moral Methodology For Catholic Health Care Ethics, Travis Stephens

Electronic Theses and Dissertations

Pope John Paul II’s Encyclical Veritatis Splendor is the first and only magisterial document that systematically articulates a moral methodology for Catholic moral theology. This dissertation makes explicit the methodological connection between Vatican teaching and the United States Bishops’ Ethical and Religious Directives for Catholic Health Care Services. The thesis of the dissertation explains the systematic connection between Natural Law, the Moral Object of the Act, and the Principle of Double Effect and by extension the ethical Principle of Cooperation. Second, the thesis applies this complex moral method of official teaching to health care ethics.

Following the introduction, chapter …

Mythology, Morality, And The Messiah: How Natural Moral Law And Hero Myth Entail That Jesus Christ Is The Best Possible Hero, Matthew J. Coombe

Doctoral Dissertations and Projects

Essentially this dissertation is an abductive argument for Jesus Christ being the best possible hero. The abductive argument is concerned with the synthesis of several different disciplines: natural theology, general revelation, ethics, natural law (meta-ethics), literary criticism, Biblical criticism, and mythology. When synthesized the most reasonable conclusion for the data is that Jesus Christ is the best possible hero. All of the disciplines work together: Natural theology establishes the axiological basis for moral realism and moral knowledge. General revelation acts as a universal imprinter, which not only imbeds man with moral knowledge, but also with inherent notions of heroism—heroism and …

The Idea Of Absolute Ethical Life: Hegel’S Account Of Freedom And Natural Law In His Early Philosophical Works, Tim Fitzjohn

Theses and Dissertations--Philosophy

This dissertation project focuses on G.W.F. Hegel’s early philosophical writings, though primarily on the Natural Law essay (1802/3), and how, through those writings, Hegel positions himself in relation to other thinkers, such as Fichte. Broadly, the modern period saw with it the rise of accounts of what is called natural law. Philosophers prior to Hegel argued that the proper account of natural law must be rooted in some kind of universal framework: either the basis of law must be the shared empirical facts of human nature (empiricism), or the basis of law must be found in the universal demands on …

The Architecture Of Law: Building Law In The Classical Tradition, Brian M. Mccall

Brian M McCall

The Poet And The Polemist: Demystifying The Natural Law Theory Of John Milton, John J. Mazola

Theses and Dissertations

A summation of the influences behind Milton's Natural Law theory as found in the works of Aristotle, Grotius, Hobbes, and Thomas Aquinas. The essay's intent is to uncover this important thread that runs through both Milton's Poetic Verse as well as his Polemic tracts.

Political Perfectionism And Aesthetic Experience, Michael R. Spicher

Theses and Dissertations

Many people share the belief that the state can lend support to the arts and the natural environment for their cultural and aesthetic qualities. However, the question remains open as to what justifies this support. This question hinges on whether the state must be neutral in reference to judgment of values. The political anti-perfectionist positions of Rawls and Dworkin are inadequate to justify this kind of state support because the funding of art necessarily involves a judgment of value in two ways. First, the fact that the state funds any art requires that, in general, art is valuable. Second, determining …

The Natural Relationship Of Church And State Within The Kingdom Of Christ Based On The Encyclical Immortale Dei Of Pope Leo Xiii, Brian M. Mccall

Brian M McCall

This lecture addresses the natural relationship between Church and State and explains Catholic Social Teaching regarding the organization of civil society.

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 …

Natural Law Bibliography 1990-2010, Mario Šilar

Mario Šilar

No abstract provided.

Consulting The Architect When Problems Arise – The Divine Law, Brian M. Mccall

Brian M McCall

Natural Law Theory And The "Is"--"Ought" Problem: A Critique Of Four Solutions, Shalina Stilley

Dissertations (1934 -)

This dissertation explores the "Is"--"Ought" problem (IOP) as it relates to natural law theory (NLT). It begins with a brief analysis of the type of "ought"--precepts upheld by traditional natural law theorists as well as a consideration of the precise nature of the IOP. Chapter two considers the attempts of Searle and Gewirth at establishing that it is possible validly to derive an "ought"--conclusion from "is"--premises and asks whether their attempts can be imitated successfully by those who wish to uphold the basic claims of NLT. Chapter three considers whether it is possible to bypass the IOP by beginning with …

The Irreduceable Moral Nature Of Human Action, Mario Šilar, José María Torralba

Mario Šilar

No abstract provided.

Exploring The Foundations Of Dworkin's Empire: The Discovery Of An Underground Positivist, Brian M. Mccall

Brian M McCall

This review essay examines the jurisprudence of Ronald Dworkin as presented in the anthology: Exploring Law's Empire: The Jurisprudence of Ronald Dworkin, edited by Scott Hershovitz. Notwithstanding the influence Dworkin's jurisprudence has had on the reconsideration of moral reasoning within legal reasoning, the essay concludes that at its foundation Dworkin's jurisprudence is based upon Legal Positivist principles. The essay first summarizes the jurisprudence of Dworkin and then contrasts his jurisprudence with traditional Natural Law Legal Theory and finally exposes the Positivist foundations of Dworkin's Legal Empire.

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

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

Mario Šilar

No abstract provided.

Analytical Thomism: Traditions In Dialogue, Mario Šilar

Mario Šilar

No abstract provided.

The Problem Of Moral Dirigisme: A New Argument Against Moralistic Legislation, Mario Rizzo

Mario Rizzo

This Article applies a theory of rational choice to moral decisionmaking. In this theory, agents act primarily on local and personal knowledge to instantiate moral principles, virtues and moral goods. The State may seek to prevent them from acting as they independently determine by prescribing or proscribing certain conduct by formal legal means. If its purpose is to ensure that people act morally or become better persons, we call this “moral dirigisme.” Our thesis is that the need to use decentralized knowledge to determine the moral status of an act makes the task of the moral dirigiste well-neigh impossible. The …

Rights, Communities, And Tradition, Brian Slattery

Brian Slattery