Natural Law Commons^™

The Extension Of Legal Rights To Animals Under A Caring Ethic: An Ecofeminist Exploration Of Steven Wise's Rattling The Cage, Katrina M. Albright

Natural Resources Journal

No abstract provided.

The Administration Of The Middle Rio Grande Basin: 1956-2002, Celina A. Jones

Natural Resources Journal

No abstract provided.

Western Urban Water Demand, David S. Brookshire, H. Stuart Burness, Janie M. Chermak, Kate Krause

Natural Resources Journal

No abstract provided.

Institutional Adaptation To Changing Risk Of Water Scarcity In The Lower Guadalquivir Basin, C. Giansante, M. Aguilar, L. Babiano, A. Garrido, A. Gomez, E. Iglesias, W. Lise, L. Moral, B. Pedregal

Natural Resources Journal

No abstract provided.

Natural Law And Public Reasons, Kent Greenawalt

Faculty Scholarship

In this Lecture I shall discuss the reasons that officials and citizens should rely upon in American politics. In recent years, various theorists have claimed that people in liberal democracies should rely in politics on "public reasons," reasons that are accessible to all citizens. Others have objected that such a counsel is unreasonable, if not incomprehensible. I shall concentrate on two facets of this issue. First, does the law exemplify a structure of public reasons – that is, do judges deciding cases draw on a stock of public reasons that is narrower than all the reasons one might give for …

Should Municpalities Be Liable For Development-Related Flooding, Steven Frederic Lachman

Natural Resources Journal

No abstract provided.

The Nile River: Potential For Conflict And Cooperation In The Face Of Water Degradation, Kristin Wiebe

Natural Resources Journal

No abstract provided.

Marketing Western Water: Can A Process Based Geographic Information System Improve Reallocation Decisions, Olen Paul Matthews, Louis Scuderi, David Brookshire, Kirk Gregory, Seth Snell, Kate Krause, Janie Shermak, Bradley Cullen, Michael Campana

Natural Resources Journal

No abstract provided.

From Reclamation To Sustainability: Water, Agriculture, And The Environment In The American West, By Lawrence J. Macdonnell, Denise D. Fort

Natural Resources Journal

No abstract provided.

Editorial Introduction, Gerard V. Bradley, John M. Finnis

Journal Articles

This Article is a forward to nine articles from the 2001 Symposium on Natural Law and Human Fulfillment, held at Notre Dame Law School. The Symposium was held to mark the 35th anniversary of the publication of Germain Grisez's "The First Principle of Practical Reason: A Commentary on the Summa Theologiae."

Virtue And The Constitution Of The United States, John M. Finnis

Journal Articles

In this Article, Finnis reflects on the following five questions: (1) Does the Constitution require or presuppose, or thwart or even forbid, a formative project of government inculcating in citizens the civic virtue necessary to promote and sustain a good society?; (2) To what extent can the institutions of civil society support or even supplant government in inculcating civic virtue?; (3) What is the content of the civic virtue that should be inculcated in circumstances of moral disagreement, and how does it relate to traditional moral virtue?; (4) Does it include respect for and appreciation of diversity?; (5) Should a …

Natural Law As Professional Ethics: A Reading Of Fuller, David Luban

Georgetown Law Faculty Publications and Other Works

In Plato's Laws, the Athenian Stranger claims that the gods will smile only on a city where the law "is despot over the rulers and the rulers are slaves of the law." This passage is the origin of the slogan "the rule of law not of men," an abbreviation of which forms our phrase "the rule of law." From Plato and Aristotle, through John Adams and John Marshall, down to us, no idea has proven more central to Western political and legal culture. Yet the slogan turns on a very dubious metaphor. Laws do not rule, and the "rule of …

On The Incoherence Of Legal Positivism, John M. Finnis

Journal Articles

Legal positivism is an incoherent intellectual enterprise. It sets itself an explanatory task which it makes itself incapable of carrying through. In the result it offers its students purported and invalid derivations of ought from is.

In this brief Essay I note various features of legal positivism and its history, before trying to identify this incoherence at its heart. I do not mean to renege on my belief that reflections on law and legal theory are best carried forward without reference to unstable and parasitic academic categories, or labels, such as "positivism" (or "liberalism" or "conservatism," etc.). I use the …

The Evolution Of An International Water Resources Management Regime In The Mekong River Basin, Greg Browder, Leonard Ortolano

Natural Resources Journal

No abstract provided.

The Lining Of The All-American Canal: The Forgotten Voices, Alfonso Cortez-Lara, Maria Rosa Garcia-Acevedo

Natural Resources Journal

No abstract provided.

The La Paz Symposium On Transboundary Groundwater Management On The U.S.-Mexico Border, Stephen P. Mumme

Natural Resources Journal

No abstract provided.

The Middle Rio Grande Conservancy District's Protected Water Rights: Legal, Beneficial, Or Against The Public Interest In New Mexico, Lisa D. Brown

Natural Resources Journal

No abstract provided.

How Persuasive Is Natural Law Theory?, Kent Greenawalt

Faculty Scholarship

This Article, in honor of John Finnis, evaluates the persuasiveness of one central element of natural law theory – its claim to an objective moral truth discoverable by reason. Although I stand outside the tradition, my interest in natural law theory goes back to my college days. John Finnis, especially in his work Natural Law and Natural Rights, has much enriched my understanding of moral, political, and legal philosophy. Prior to that book, natural lawyers and analytic jurists had little to say to each other; by and large, the members of each group had scant respect for the scholarly endeavors …

Subversive Thoughts On Freedom And The Common Good, Larry Alexander, Maimon Schwarzschild

Michigan Law Review

Richard Epstein is a rare and forceful voice against the conventional academic wisdom of our time. Legal scholarship of the past few decades overwhelmingly supports more government regulation and more power for the courts, partly in order to control businesses for environmental and other reasons, but more broadly in hopes of achieving egalitarian outcomes along the famous lines of race, gender, and class. Epstein is deeply skeptical that any of this is the shining path to a better world. Epstein's moral criterion for evaluating social policy is to look at how fully it allows individual human beings to satisfy their …

Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

In Memoriam: Albert E. Utton, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Retribution: Punishment's Formative Aim, John M. Finnis

Journal Articles

This Article explores the theoretical underinnings of punishment, in light of statements made about punishment in the works of Friedrich Nietzsche.

What Is The Common Good, And Why Does It Concern The Client's Lawyer?, John M. Finnis

Journal Articles

Why is anything of real concern to any of us? Because, besides our simply emotional motives, we have reasons for action (which may be supported or opposed by our emotions). What are reasons for action? Some are instrumental, means to further ends: I have reason to start reading this paper to you, and you had reason to come back into the room to hear it. What reasons? Well, doing so is my contribution to this symposium's reflection on its subject-matter. That reflection, in turn, is intended to be instrumental in promoting a wider and deeper understanding of an important set …

United Water New Mexico, Inc. V. New Mexico Public Utility Commission: Why Rules Governing The Condemnation And Municipalization Of Water Utilities May Not Apply To Electric Utilities, Thomas Smidt Iii

Natural Resources Journal

No abstract provided.

The Cost Of Noncompliance: The Economic Value Of Water In The Middle Arkansas River Valley, Robert Benjamin Naeser, Lynne Lewis Bennett

Natural Resources Journal

No abstract provided.

Catron County Board Of Commissioners, N.M. V. United States Fish & (And) Wildlife Service: Is Functional Equivalence The Solution To The Emerging Critical Habitat Problem, Kurt Van Deren

Natural Resources Journal

No abstract provided.

The National Park Service And The Regulation Of The Air Tour Industry At Grand Canyon National Park, Brenton Alexander

Natural Resources Journal

No abstract provided.

On The Practical Meaning Of Secularism, John M. Finnis

Journal Articles

The secularism I consider in this Article is a public reality, the secularism which shapes public debate, deliberation, dispositions, and action, and dominates our education and culture. I shall be considering the ideas, not the people; and people are often less consistent, and better, than their theories. There is no profit in estimating whether secularism's dominance now is greater than in Plato's Athens or lesser than in Stalin's Leningrad. There is certainly a rich field for historical investigation of the particular and often peculiar forms taken by western secularism under the influence of the faith it supplants. But I shall …

Natural Law, Homosexual Conduct, And The Public Policy Exception, Raymond B. Marcin

Scholarly Articles

The specific focus of this conference is on the problems posed by the imminent recognition of homosexual marriages in one or more jurisdictions. The question posed by the "laws of nature" exception to the inter-jurisdictional marriage recognition principle is whether legally endorsed homosexual marriages, involving (as they must) societal approval and endorsement of homosexual conduct, are contrary to natural law. This paper will explore the classic natural law theory of Saint Thomas Aquinas and the reasons why that theory condemns homosexual conduct as being contrary to the law of nature.

Natural Resource Policy, Unforgiving Geographies, And Persistent Poverty In Alaska Native Villages, Gigi Berardi

Natural Resources Journal

No abstract provided.