The Problem of Natural Law takes up the problem of how natural law
theory might be made a serious contender in modern moral,
political, and legal debate. Author Douglas Kries takes as his
starting point the question of how human beings are said to know
the natural law, which is a question that has traditionally been
answered by appealing to the notion of 'conscience.' Since Thomas
Aquinas articulated the classic formulation of natural law theory,
the book begins with an analysis of Thomas's notion of conscience.
It then examines both the philosophical and theological objections
that have been raised against the Thomistic notion of conscience
and argues that this long-standing teaching could and should be
bracketed by contemporary natural law theory. On the basis of this
reformulation of natural law, Kries then proceeds to show how
reviving natural law theory might be possible in the contemporary
context, though it will need to be preceded by a reformulation of
the natural law theory itself, especially with respect to the
doctrine of conscience. If this is accomplished, Thomistic natural
law will be better situated to respond to its three most important
contemporary critics: the existentialism of Sartre, the
deontologism of Kant, and the political hedonism of Hobbes.
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