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The Threads of Natural Law - Unravelling a Philosophical Tradition (Paperback, 2013 ed.)
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The Threads of Natural Law - Unravelling a Philosophical Tradition (Paperback, 2013 ed.)
Series: Ius Gentium: Comparative Perspectives on Law and Justice, 22
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The notion of "natural law" has repeatedly furnished human beings
with a shared grammar in times of moral and cultural crisis. Stoic
natural law, for example, emerged precisely when the Ancient World
lost the Greek polis, which had been the point of reference for
Plato's and Aristotle's political philosophy. In key moments such
as this, natural law has enabled moral and legal dialogue between
peoples and traditions holding apparently clashing world-views.
This volume revisits some of these key moments in intellectual and
social history, partly with an eye to extracting valuable lessons
for ideological conflicts in the present and perhaps near future.
The contributions to this volume discuss both historical and
contemporary schools of natural law. Topics on historical schools
of natural law include: how Aristotelian theory of rules paved the
way for the birth of the idea of "natural law"; the idea's first
mature account in Cicero's work; the tension between two rival
meanings of "man's rational nature" in Aquinas' natural law theory;
and the scope of Kant's allusions to "natural law". Topics on
contemporary natural law schools include: John Finnis's and Germain
Grisez's "new natural law theory"; natural law theories in a
"broader" sense, such as Adolf Reinach's legal phenomenology;
Ortega y Gasset's and Scheler's "ethical perspectivism"; the
natural law response to Kelsen's conflation of democracy and moral
relativism; natural law's role in 20th century international law
doctrine; Ronald Dworkin's understanding of law as "a branch of
political morality"; and Alasdair Macintyre's "virtue"-based
approach to natural law.
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