Natural Law

Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and religious studies. This volume presents twelve original essays by leading natural law theorists and their critics. The contributors discuss natural law theories of morality, law and legal reasoning, politics, and the rule of law. Readers get a clear sense of the wide diversity of viewpoints represented among contemporary theorists, and an opportunity to evaluate the arguments and counterarguments exchanged in the current debates between natural law theorists and their critics. Contributors include Hadley Arkes, Joseph M. Boyle, Jr., John Finnis, Robert P. George, Russell Hittinger, Neil MacCormick, Michael Moore, Jeffrey Stout, Joseph Raz, Jeremy Waldron, Lloyd Weinreb, and Ernest Weinrib.

The natural law tradition, which takes as central to moral discussion an appeal to our common humanity, provides a sustainable and attractive approach to problems of ethics and morals. This volume presents a contemporary version of natural law ethics, one that does not rely on the authority of Aristotle or St. Thomas Aquinas, however much it is indebted to them and their followers for inspiration and arguments. The author discusses the mutual relations of four key moral concepts--good, virtue, duty, and rights--as well as their application to various issues, including environmental concerns, homosexuality, and suicide. While examining the role of morality in a way of life and the relation between morality and religion, Devine defends the natural law tradition against a range of philosophical and theological opponents.

The tradition of natural law is one of the foundations of Western civilization. At its heart is the conviction that there is an objective and universal justice which transcends humanityÆs particular expressions of justice. It asserts that there are certain ways of behaving which are appropriate to humanity simply by virtue of the fact that we are all human beings. Recent political debates indicate that it is not a tradition that has gone unchallenged: in fact, the opposition is as old as the tradition itself. By distinguishing between philosophy and ideology, by recalling the historical adventures of natural law, and by reviewing the theoretical problems involved in the doctrine, Simon clarifies much of the confusion surrounding this perennial debate. He tackles the questions raised by the application of natural law with skill and honesty as he faces the difficulties of the subject. Simon warns against undue optimism in a revival of interest in natural law and insists that the study of natural law beings with the analysis of ôthe law of the land.ö He writes not as a polemicist but as a philosopher, and he writes of natural law with the same force, conciseness, lucidity and simplicity which have distinguished all his other works.

Common Truths brings together the best minds writing on one of today's most important and heated issues: natural law. This diverse group of thinkers addresses the theoretical, historical, and--in a section of particular importance--the legislative and juridical aspects of natural law. A revival of natural law concepts, the essayists argue, is crucial to the refurbishing of American civil society. Anyone wanting to understand what the natural law is and why it matters will find this engaging book indispensable.

The justification of political authority is one of the long-standing issues of political philosophy, and one which persistently defies satisfactory solution. In this paperback edition of a highly successful study, Professor Martin sets out to provide an original justification by establishing a background framework for dealing with the problem. He begins by identifying the main elements of political authority, arguing that they need to be linked in order to create a political authority that can be described as justified. He then sketches a framework - a sample system of political institutions and conceptions which is internally coherent - to link these elements. The rest of the book fills in this outline. Professor Martin argues that rights are established patterns of acting or of being treated and are hence essentially institutional in character. The institutions that tend to be the most supportive and productive of individual rights are, he believes, democratic, and the central section of the book is devoted to the connection of rights with majority rule, democratic political institutions and conceptions. From this nexus, secondary lines are traced to political obligation (or allegiance) and to an eligible justification for using punishment to enforce the rights of individuals. Thus Professor Martin's analysis forms a distinctive and systematic approach to one particular style of government. This rethinking of some of the main topics in political theory is long overdue; it yields some striking conclusions about both the nature of rights and the nature of political authority itself. Reviews for the hardback edition: `analytical political theory at its best...thoroughly worked through, illuminating, and persuasive' Political Studies `he dicusses knowledgeably yet imaginatively one sort of political and legal system...I unreservedly assert that his institutional conception of rights deserves to be taken seriously as a very plausible alternative to the more familiar theories of Hart, Feinberg, Dworkin and Raz. Equally important are his discussions of the nature of democracy and the internal justification of punishment. Most impressive of all is his detailed demonstration of the internal coherence of the system of rights sketched in this book' Ethics `his book is valuable for presenting a distinctively political view of rights...the book is impressively scholarly, with references, when relevant, to most of the voluminous literature on rights. In this respect A System of Rights is a model work of philosophy: at once thoroughly steeped in the literature on its topic and rising above that literature to propose a novel, distinctive view' Mind `a rewarding and impressive book, which deals with a wide range of issues central to political philosophy in an interesting and original way. In this carefully argued examination and justification of a particular political system, Rex Martin offers an original account of rights, and links these rights with other political conceptions and institutions...to forms what he calls a "system of rights"...his discussion is rich and nuanced, and provides the philosophical groundwork for clearer thinking about the difficult and elusive relationship between rights and democracy' Canadian Journal of Political Science `What makes Martin's book so trenchant is that it can be read with great profit from different points of view...The broad scope and provocative arguments of Martin's work assure that it will be a focal point in philosophically-orientated debate on rights' Ratio Juris `Rex Martin has written the most important analysis and justification of political authority and obligation since T. H. Green's Lectures on the Principles of Political Obligation... [A System of Rights is] rich in argument and unorthodox conclusions' Gerald F. Gaus, Philosophy and Phenomenological Research

This is the first serious attempt to understand modern Iraq through a close examination of the political discourse used by the Ba'th regime and its leader, Saddam Hussein. By analyzing political terms, concepts, and idioms as disseminated through the official Iraqi mouthpieces, author Ofra Bengio illuminates Iraq's political culture and the events that these expressions have both reflected and shaped. Not only does this study add to our understanding of the "Saddam enigma;" it also offers a more universal truth: that under any regime, political culture is built on public discourse. Saddam's Word will be of much interest to students of the contemporary Middle East, as well as to all other observers of Saddam Hussein and his regime.

This study examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence of theories of natural law from Grotius to Kant, with a comparative analysis of important intellectual innovations in ethics and political philosophy. This book assesses the first histories of political thought, giving insights into eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, it will be of great interest to scholars in history, political thought, law and philosophy.