Philosophy Commons^™

Natural Lights & Natural Rights: The Problem Of The New Classical Natural Law Theory, Charles Neville Cacciatore

LSU Master's Theses

The present work examines the natural law jurisprudence of John Finnis. It argues that Finnis’s teaching is a genuinely new natural law theory. Finnis’s jurisprudence is not a re- presentation of the jurisprudence of St. Thomas Aquinas because its central element—a doctrine of natural rights—is a departure from Aquinas’s natural law teaching. In support of these claims, the present work relies upon the scholarship of Ernest L. Fortin, A.A. Following Fr. Fortin, it presents an understanding of the natural law that endorses a clear distinction between natural right and natural rights—between premodern political philosophy and modern political philosophy.

Jonathan L. Milevsky. Understanding The Evolving Meaning Of Reason In David Novak’S Natural Law Theory. Leiden: Brill, 2022. 146 Pp., Samuel J. Kessler

Journal of Textual Reasoning

No abstract provided.

Civil Disobedience From A Biblical Perspective, Gabriel Reed

Helm's School of Government Conference - 2021-2024

To say that civil disobedience is a complicated topic is to severely understate the topic. It is a subject matter that has derived many different and disparate opinions, points of view, and public policies. Specifically, within America today, we observe calls for civil disobedience from both sides of the political spectrum, over several divergent political ideals. These issues are, primarily, driven from both sides’ desire to provide protection and provision for the oppressed and those who cannot necessarily speak for themselves. The definition of who is necessarily oppressed and whom their oppressors are varies from person to person, regardless of …

The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee

St. Mary's Law Journal

Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would …

The Nature Of Nature: Concerning The Efficacy Of Natural Law Reasoning, Thomas V. Gourlay

Philosophy Papers and Journal Articles

Recourse to natural law reasoning has long been a part of how Catholics and Christians engage in debates about issues of public and private morality with people and communities of people who do not share the Catholic/Christian faith. But with the rise of modernity, the scientific revolution, and the relative success of Charles Darwin's theory of evolution, many Catholics have begun to question traditional natural law reasoning. Some, including theorists like Germain Grisez, and John Finnis have sought to modify traditional natural law reasoning and continue to employ it within debates concerning public and private ethics, while others, acknowledging the …

Allowing Animal Rights: Contra Natural Law Arguments, Rachel Tobias

Williams Honors College, Honors Research Projects

Natural Law theories dominate the way in which humans view their relationships with other animals. Natural Law theories, commenced by Aristotle, claim that rationality is the morally relevant feature that differentiates humans from other animals. As a result, human beings often use non-human animals at their disposal, which has propelled factory farming and the mistreatment of animals. The term, "Speciesism" describes unjustified mistreatment of a species based on species membership. This essay examines the origin of Speciesism, as it relates to Natural Law theories. Additionally, the text discusses the negative consequences of Speciesism and the arbitrariness of omitting non-human animals …

Natural Law And Agonistic Pluralism, Daniel E. Young

Northwestern Review

John Rawls’ account of political liberalism posits the necessity of a metaphysically neutral “public reason” to avoid privileging any comprehensive doctrine in the public square. The natural law tradition has been claimed by some as meeting this standard. However, thinkers such as Tracey Rowland criticize the attempt to make natural law a secular, neutral ground; she believes it must be rooted in an overtly Trinitarian and Christological theology. However, such theological assumptions are not shared by those of other comprehensive doctrines. Chantal Mouffe has also challenged Rawls’ consensus conception, focusing rather on the inevitable ideological conflicts to be found in …

Becoming What We Are: Virtue And Practical Wisdom As Natural Ends, Keith Buhler

Theses and Dissertations--Philosophy

This dissertation is about ethical naturalism. Philippa Foot and John McDowell both defend contemporary neo-Aristotelian ethics but each represents a rival expression of the same. They are united in the affirmation that virtue is ‘natural goodness’ for human beings. Nevertheless, they are divided in their rival conceptions of ‘nature.’ McDowell distinguishes second nature or the "space of reasons" from first nature or the “realm of law.” Foot rejects this division.

On Foot's naturalism, natural goodness is just as much a feature of first nature as health is, even though human practical reasoning is unique in the biological world. I defend …

The Creation Of The Self And The Birth Of Inequality : Locke And Rousseau On Natural Rights And Private Property, Michael Sokoler

Legacy Theses & Dissertations (2009 - 2024)

The formation of civil societies marked one of the most monumental shifts

Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian M. Mccall

Brian M McCall

Four Challenges Confronting A Moral Conception Of Universal Human Rights, Eric Blumenson

Eric Blumenson

This Essay describes some fundamental debates concerning the nature and possibility of universal human rights, conceived as a species of justice rather than law. It identifies four claims entailed by such rights and some significant problems each claim confronts. The designation “universal human rights” explicitly asserts three of them: paradigmatic human rights purport to be (1) universal, in that their protections and obligations bind every society, regardless of its laws and mores; (2) human, in that the rights belong equally to every person by virtue of one’s humanity, regardless of character, social standing, disabilities, or other individual attributes; and (3) …

Assessing Law’S Claim To Authority, Bas Van Der Vossen

Philosophy Faculty Articles and Research

The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a …

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 …

The Fake Revolution: Understanding Legal Realism, Eric A. Engle

Eric A. Engle

Abstract: Legal interpretation in the United States changed dramatically between 1930 and 1950. The Great Depression and World War II unleashed radical critique (particularly prior to the war). Legal realism proposed radical new methods of legal interpretation to try to meet the challenges of global depression and global war. The new legal methods proposed by realism at first seemed to indicate a new legal order. In fact, they only preserved the old order, protecting it from fundamental change. Thus, the same problem, cyclical economic downturn triggering war for resources and market share recurred in Vietnam. Just as the depression and …

Natural-Law Judaism?: The Genesis Of Bioethics In Hans Jonas, Leo Strauss And Leon Kass, Lawrence A. Vogel

Philosophy Faculty Publications

Leon Kass is much misunderstood. He is not simply a Republican ideologue who tailored his ideas to break out of the ivory tower and into the halls of power. Nor does he look simply to use human nature as a moral guide. When the full range of his writings is considered and set in the tradition of his teachers, Hans Jonas and Leo Strauss, what emerges is a natural law position colored by religious revelation.

Natural Justice, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Justice is a natural virtue. Well-functioning humans are just, as are well-ordered human societies. Roughly, this means that in a well-ordered society, just humans internalize the laws and social norms (the nomoi)--they internalize lawfulness as a disposition that guides the way they relate to other humans. In societies that are mostly well-ordered, with isolated zones of substantial dysfunction, the nomoi are limited to those norms that are not clearly inconsistent with the function of law--to create the conditions for human flourishing. In a radically dysfunctional society, humans are thrown back on their own resources--doing the best they can in …

Le Contrat Social, Une Œuvre Genevoise? L’École Du Droit Naturel Et Le Débat Politique À Genève. La Réponse De Rousseau, Helena Rosenblatt

Publications and Research

La question de l'influence de Genève sur les idées politiques et religieuses de Jean-Jacques Rousseau est discutée depuis plus de deux cents ans. Cependant, au cours des années, les suppositions méthodologiques sous-jacentes au débat sont restées fondamentalement les mêmes, et elles ont besoin d'être modifiées. C'est pourquoi il est encore nécéssaire de réexaminer un vieux sujet selon une nouvelle approche. Au lieu de voir Genève simplement en tant que source d'idées que Rousseau a pu adopter, il faudrait voir Genève comme fournissant des problèmes concrets et intellectuels que Rousseau a tâché de résoudre.

Whose Nature - Practical Reason And Patriarchy, Lynne Henderson

Cleveland State Law Review

My comments on John Finnis's Natural Law and Legal Reasoning grow out my concern about the relationship of law to authoritarianism. In this comment, I do not intend to go deeply into the relationship of law to authoritarianism but rather to sketch out the background of the argument. It seems to me that authoritarianism, properly understood, is of great relevance to a symposium on jurisprudence and legal reasoning, because at a minimum, authoritarianism overlaps with legality's ethic of rule-following and obedience to authority. Authoritarian attitudes about authority and morality also are relevant to the jurisprudential concern with the relation of …

Justification In The Killing Of An Innocent Person, John Makdisi

Cleveland State Law Review

It is appropriate to call Finnis' approach to life as an incommensurable basic human good a natural law approach. It suggests that there is more to life than just an accumulation of wealth, happiness, value, etc. There is something about life that we cannot value, that we cannot measure, that we cannot fathom, that is mysterious. While contract and even some tort law are readily adaptable to arguments of economic efficiency, there are areas where such arguments do not belong. Specifically, where the end result cannot be measured because the values at stake are incommensurable, there may be no best …

The Connection Between Law And Morality: Comments On Dworkin, David B. Lyons

Faculty Scholarship

Our discussions yesterday seemed haunted by a contrast--never quite formulated--between Natural Law and Legal Positivism. The standard interpretation turns on the idea of a "necessary connection" between law and morality. Positivism has often been understood to hold, and Natural Law to deny, that there can be unjust laws.