Hans Kelsen and the Natural Law Tradition


Book Description

Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition. This edited collection commences with a comprehensive introduction which establishes the character of Kelsen’s critical engagement as a general critique of natural law combined with a more specific critique of representative thinkers of the Natural Law Tradition. The subsequent chapters are then devoted to a detailed analysis of Kelsen’s engagement with prominent theorists from the Natural Law Tradition. The volume concludes with an exploration, focusing upon the delineation of a non-positivist legal theory in the debate between Robert Alexy and Joseph Raz, of the continued presence of Kelsenian legal positivism in contemporary legal theory.




The Concise Encyclopedia of Western Philosophy and Philosophers


Book Description

On its first appearance in 1960, J.O. Urmson's Concise encyclopedia of Western philosophy and philosophers established itself as a classic. Its contributors included many of the leading philosophers of the English-speaking world: Ryle, Hare, Strawson, Ayer, Dummett, Williams and many others. They wrote with an authority and individuality which made the Encyclopedia into a lively and engaging introduction to philosophy as well as a convenient reference work. For this edition, supervised by Jonathan Rée, the original articles have been revised and updated, and eighty articles by thirty one new authors have been added. The additions take account of recent developments in philosophy, of literary, historical and political issues in philosophy, and of developments in continental thought, including in Marxism, psychoanalysis, phenomenology, existentialism, structuralism, post-structuralism and deconstruction. There is a clear, integral cross-referencing system which allows the reader to identify points of overlap between philosophical traditions and their personalities at a glance.




The Concise Encyclopedia of Western Philosophy and Philosophers


Book Description

This fully revised third edition of this Concise Encyclopedia brings it completely up-to-date. Featuring lively and engaging entries by some of the leading philosophers of our age, it is a readable reference work and engaging introduction.




Natural Law Theory


Book Description

In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.




Commentary on Thomas Aquinas's Treatise on Law


Book Description

Natural moral law stands at the center of Western ethics and jurisprudence and plays a leading role in interreligious dialogue. Although the greatest source of the classical natural law tradition is Thomas Aquinas's Treatise on Law, the Treatise is notoriously difficult, especially for nonspecialists. J. Budziszewski has made this formidable work luminous. This book - the first classically styled, line-by-line commentary on the Treatise in centuries - reaches out to philosophers, theologians, social scientists, students, and general readers alike. Budziszewski shows how the Treatise facilitates a dialogue between author and reader. Explaining and expanding upon the text in light of modern philosophical developments, he expounds this work of the great thinker not by diminishing his reasoning, but by amplifying it.




The Concise Encyclopedia of Western Philosophy


Book Description

On its first appearance in 1960, the Concise Encyclopedia of Western Philosophy established itself as a classic; this third edition builds on its original strengths but brings it completely up to date. The Concise Encyclopedia offers a lively, readable, comprehensive and authoritative treatment of Western philosophy as a whole, incorporating scintillating articles by many leading philosophical authors. It serves not only as a convenient reference work, but also as an engaging introduction to philosophy.




Rights and Civilizations


Book Description

Illustrates the origin and ways of Western hegemony over other civilizations across the world.




Aristotle and Natural Law


Book Description

Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.







The Oxford Handbook of Jurisprudence and Philosophy of Law


Book Description

The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship.