Natural Law and Justice

In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel.

Natural Law and Justice

"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.

More Books:

Natural Law and Justice
Language: en
Pages: 320
Authors: Lloyd L. Weinreb
Categories: Law
Type: BOOK - Published: 1987 - Publisher: Harvard University Press

"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility
On Law and Justice
Language: en
Pages: 449
Authors: Alf Ross
Categories: Law
Type: BOOK - Published: 2019-11-20 - Publisher: Oxford University Press

Alf Ross (1899-1979) was, in H.L.A. Hart's words, 'the most acute and best-equipped philosopher' of Scandinavian legal realism. On Law and Justice provides a comprehensive outline of his legal realist position, offering a consistently empirical research programme that simultaneously recognizes the distinctly normative character of law. Ross's legal realism avoids
Natural Law, Or, The Science of Justice
Language: en
Pages: 20
Authors: Lysander Spooner
Categories: Anarchism
Type: BOOK - Published: 1882 - Publisher:

Books about Natural Law, Or, The Science of Justice
Natural Law
Language: en
Pages: 232
Authors: Alexander Passerin d'Entreves
Categories: Law
Type: BOOK - Published: 2017-07-28 - Publisher: Routledge

This is the classic study of the history and continuing philosophical values of the law of nature. D'Entreves discerned three distinct sources that have contributed to the development of natural law: Roman law teachings, Christian beliefs regarding law, and egalitarian and revolutionary theories of the Enlightenment. Now regarded as a
The Theory of Justice
Language: en
Pages: 591
Authors: Rudolf Stammler
Categories: Law
Type: BOOK - Published: 2000-01-01 - Publisher: The Lawbook Exchange, Ltd.

Here the noted German philosopher disputes the historical and natural schools of jurisprudence and advocates a philosophical approach to law. In addition to Stammler's text, the volume includes the translator's introduction which outlines the basis of Stammler's theory, an appendix which contains an essay on Stammler's critical system by Francois