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Articles 1 - 6 of 6
Full-Text Articles in Natural Law
Opus As The Core Of Property, Adam J. Macleod
Opus As The Core Of Property, Adam J. Macleod
Faculty Articles
No account of property law can achieve a comprehensive understanding without factoring in natural rights. Professor Eric Claeys's new book offers a significant contribution to contemporary property theory by setting out the most comprehensive and defensible theory of natural property rights to appear in a long time. Claeys describes the function of property as productive work. Intentional planning, purposeful effort, and creative ordering enable people to achieve lives of flourishing. And, as Claeys demonstrates in careful detail, the various norms and institutions of property law make possible those exercises of practical reason and the flourishing that results from them. Natural …
Beyond The Narrow Harvard Model Of Legal Education: Restoring Legal Education According To The Proposals Of Valentin Tomberg, Brian Mccall
Beyond The Narrow Harvard Model Of Legal Education: Restoring Legal Education According To The Proposals Of Valentin Tomberg, Brian Mccall
Faculty Articles
Professor Mark Jones has argued that legal education needs to be “reliberalized” by returning to a state in which “all law students receive a basic minimum exposure to the general subject areas of legal history, jurisprudence, and comparative law, as well as to the general subject areas of international/trans-national/global legal studies . . . .” Jones’s call to restore the cultural dimensions has recently received an additional source of strength. The recent publication of an English translation of Dr. Valentin Tomberg’s doctoral dissertation for the first time, under the title The Art of the Good: The Regeneration of Fallen Jurisprudence, …
What Good Is John Finnis? Assessing The Personal And Common Good In Natural Law And Natural Rights, Brian Mccall
What Good Is John Finnis? Assessing The Personal And Common Good In Natural Law And Natural Rights, Brian Mccall
Faculty Articles
No abstract provided.
Law As A Means To Human Flourishing: Law, Morality, And Natural Law In Policy-Oriented Perspective, Christian L. Gonzalez-Rivera
Law As A Means To Human Flourishing: Law, Morality, And Natural Law In Policy-Oriented Perspective, Christian L. Gonzalez-Rivera
Faculty Articles
Friendships can be uneasy without ceasing to be friendships. Because the "pie" of law and morality's relationship can be sliced in many ways and to different yields, in what follows, I consider the simultaneously unexplored, uneasy, and yet promising relationship between the Natural Law tradition and Policy-Oriented Jurisprudence (or "New Haven"), hoping that doing so will partially illuminate aspects of the relationship between morality and the law more generally. My aim is to describe what and how New Haven School founders Myres McDougal and Harold Lasswell thought about Natural Law. As it will become clearer below, despite their critical appraisal …
Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian Mccall
Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian Mccall
Faculty Articles
Throughout history, some have questioned whether the authority exercised by some over others is consistent with human nature. Is it possible for a law made by one human being to bind the conscience of another, or is such a claim merely tyranny? If such a power to bind to laws made by humans is justified, what is its scope? The answers to these related questions explored in this Article are both descriptive and normative. This Article explains the nature of authority and the extent of the obligation to obey the law as well as explains how the architecture of natural …
Natural Law And Birthright Citizenship In Calvin's Case (1608), Polly J. Price
Natural Law And Birthright Citizenship In Calvin's Case (1608), Polly J. Price
Faculty Articles
The roots of United States conceptions of birthright citizenship lie deep in England's medieval past. This Article explores Calvin's Case (1608) and the early modem common-law mind that first articulated a theoretical basis for territorial birthright citizenship. Involving all the important English judges of the day, Calvin's Case addressed the question of whether persons born in Scotland, following the descent of the English crown to the Scottish King James VI in 1603, would be considered "subjects" in England. Calvin's Case determined that all persons born within any territory held by the King of England were to enjoy the benefits of …