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Natural Law and Natural Rights (Paperback, 2nd Revised edition)
Loot Price: R1,335
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Natural Law and Natural Rights (Paperback, 2nd Revised edition)
Series: Clarendon Law Series
Expected to ship within 12 - 17 working days
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First published in 1980, Natural Law and Natural Rights is widely
heralded as a seminal contribution to the philosophy of law, and an
authoritative restatement of natural law doctrine. It has offered
generations of students and other readers a thorough grounding in
the central issues of legal, moral, and political philosophy from
Finnis's distinctive perspective. This new edition includes a
substantial postscript by the author, in which he responds to
thirty years of discussion, criticism and further work in the field
to develop and refine the original theory. The book closely
integrates the philosophy of law with ethics, social theory and
political philosophy. The author develops a sustained and
substantive argument; it is not a review of other people's
arguments but makes frequent illustrative and critical reference to
classical, modern, and contemporary writers in ethics, social and
political theory, and jurisprudence. The preliminary First Part
reviews a century of analytical jurisprudence to illustrate the
dependence of every descriptive social science upon evaluations by
the theorist. A fully critical basis for such evaluations is a
theory of natural law. Standard contemporary objections to natural
law theory are reviewed and shown to rest on serious
misunderstandings. The Second Part develops in ten carefully
structured chapters an account of: basic human goods and basic
requirements of practical reasonableness, community and 'the common
good'; justice; the logical structure of rights-talk; the bases of
human rights, their specification and their limits; authority, and
the formation of authoritative rules by non-authoritative persons
and procedures; law, the Rule of Law, and the derivation of laws
from the principles of practical reasonableness; the complex
relation between legal and moral obligation; and the practical and
theoretical problems created by unjust laws. A final Part develops
a vigorous argument about the relation between 'natural law',
'natural theology' and 'revelation' - between moral concern and
other ultimate questions.
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