This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

"The Teachings of Modern Roman Catholicism on Law, Politics, and Human Nature" examines how modern Catholic thinkers have answered the most pressing political, legal, and ethical questions of our time. It discusses the enduring teachings of important Catholic intellectuals of the late nineteenth and twentieth centuries. Leading contemporary scholars analyze these thinkers' views on the nature and purpose of law and authority, the limits of rule and obedience, the care of the needy and innocent, the ethics of war and violence, and the separation of church and state, among other themes. A diverse and powerful portrait of Catholic legal and political thought, this volume underscores the various ways Catholic intellectuals have shaped modern debates over the family, the state, religion, and society. The book focuses on the writings of Pope Leo XIII (1810-1903); Jacques Maritain (1882-1973); John Courtney Murray (1904-1967); Pope John XXIII (1881-1963); Gustavo Guti?rrez (b. 1928); Dorothy Day (1897-1980); and Pope John Paul II (1920-2005).

A Free Society Reader rises to the challenge of freedom in the twenty-first century, offering thoughts and insights with significant implications for citizens of today's brand new world. Our era's most prominent figures in the fields of Christianity and liberty speak about Pope John Paul II's vision of a free society, conceptualize Christianity and political economy, debate issues of democracy and the free society, and question the role of culture. Together for the first time in one volume, these preeminent thinkers provide inspiration and insight to scholars, students, and general readers charting the enormous changes the new millennium has seen.

In this volume Russell Hittinger presents a comprehensive and critical treatment of the attempt to restate and defend a theory of natural law, particularly as proposed by Germain Grisez and John Finnis. A Critique of the New Natural Law Theory begins by examining the positions of various moral philosophers such as Alasdair MacIntyre, Alan Donogan, Elizabeth Anscombe, and Stanley Hauerwas, who wish to recover particular facets of premodern ethics. Hittinger then explores the work of Grisez and Finnis, who claim to have recovered natural law in a manner that avoids the standard objections brought against it since the Enlightenment; they thus claim to have recovered natural law theory available once again for moral theology. Hittinger examines this new theory for internal coherence and consistency. In addition, he examines whether it is sufficiently comprehensive to explicate the religious, anthropological, and metaphysical questions that bear upon natural law ethics. He argues that the new natural law theory fails because it does not take into account philosophical anthropology and metaphysics. It cannot show how and why “nature” is normative for human activity. Hittinger concludes that if natural law theory is to be recovered, we must discover how to constructively bring theoretical rationality to bear upon ethics and practical rationality. Until this is done, he asserts, we will not have a defensible theory of natural law.

In the brutal fight that has raged in recent years over the reputation of Pope Pius XII_leader of the Catholic Church during World War II, the Holocaust, and the early years of the Cold War_the task of defending the Pope has fallen primarily to reviewers. These reviewers formulated a brilliant response to the attack on Pius, but their work was scattered in various newspapers, magazines, and scholarly journals_making it nearly impossible for the average reader to gauge the results. In The Pius War, Weekly Standard's Joseph Bottum has joined with Rabbi David G. Dalin to gather a representative and powerful sample of these reviews, deliberately chosen from a wide range of publications. Together with a team of professors, historians, and other experts, the reviewers conclusively investigate the claims attacking Pius XII. The Pius War, and a detailed annotated bibliography that follows, will prove to be a definitive tool for scholars and students_destined to become a major resource for anyone interested in questions of Catholicism, the Holocaust, and World War II.

Christianity and Civil Society responds to the crisis of American democracy as perceived by such diverse thinkers as Christopher Lasch, Michael Sandel, Mary Ann Glendon, and Robert Putnam. Despite their philosophical differences, these thinkers highlight a common theme: a decline in the institutions of civil society once held to be the vital center of the American polity. In place of these institutions-such as the family, neighborhood, church, and civic associations-one finds a disturbingly reduced socio-political stage, dominated by an abstract triumvirate of the individual, state, and market as prime actors. Whether taking their inspiration from the political theology of St. Thomas Aquinas and papal encyclicals or from John Calvin and his heirs in the Reformed traditions, the authors assembled here find the doctrinal resources of Christianity indispensable to defending the irreducible identity and value of the social institutions that serve as the connective tissue of a political community. By drawing upon a treasury of social thought little known to most Americans, Christianity and Civil Society offers a fresh vantage point from which to assess the crisis of our polity as well as the best prospects for its renewal.

Voices of Enlightenment have long counseled modern men and women to flee authority, including authority claimed by the church. Aspiring to substitute rock-ribbed law for human, or even divine, authority, today's legal minds pursue a "rule of law, not of men." Any possibility of authority is almost everywhere assimilated to the threat of authoritarian abuse. Civilizing Authority counters the flight from authority with the claim that it is precisely authority itself that offers a barrier against authoritarianism. The book's authors share the insight that humans cannot increase, or even long survive, without authority, and they observe, from along a broad spectrum of perspectives, that all phases of our human living depend on authority. Families, churches, clubs, monasteries, unions, cities, and states - human living would be unrecognizable without them, and they all depend upon authority and authorities. Still, what is "the authority experience?" What are we obeying when when we give willing assent to authority? The ten authors of Civilizing Authority, Chrisitians of diverse belief and professional discipline, unite here to explore the ways in which authority, though elusive, remains possible - indeed, exigent - in a post-Christian world. Refusing to conflate genuine authority with positions of power or prestige, they probe the deep, and perhaps transendental, sources of authority. Friendship, solidarity, liberty, and perhaps even belief - these, the authors suggest, may be the true springs of the authority that is the principle of increase in human living.

"The Teachings of Modern Roman Catholicism on Law, Politics, and Human Nature" examines how modern Catholic thinkers have answered the most pressing political, legal, and ethical questions of our time. It discusses the enduring teachings of important Catholic intellectuals of the late nineteenth and twentieth centuries. Leading contemporary scholars analyze these thinkers' views on the nature and purpose of law and authority, the limits of rule and obedience, the care of the needy and innocent, the ethics of war and violence, and the separation of church and state, among other themes. A diverse and powerful portrait of Catholic legal and political thought, this volume underscores the various ways Catholic intellectuals have shaped modern debates over the family, the state, religion, and society. The book focuses on the writings of Pope Leo XIII (1810-1903); Jacques Maritain (1882-1973); John Courtney Murray (1904-1967); Pope John XXIII (1881-1963); Gustavo Guti?rrez (b. 1928); Dorothy Day (1897-1980); and Pope John Paul II (1920-2005).

In the brutal fight that has raged in recent years over the reputation of Pope Pius XII leader of the Catholic Church during World War II, the Holocaust, and the early years of the Cold War the task of defending the Pope has fallen primarily to reviewers. These reviewers formulated a brilliant response to the attack on Pius, but their work was scattered in various newspapers, magazines, and scholarly journals making it nearly impossible for the average reader to gauge the results. In The Pius War, Weekly Standard's Joseph Bottum has joined with Rabbi David G. Dalin to gather a representative and powerful sample of these reviews, deliberately chosen from a wide range of publications. Together with a team of professors, historians, and other experts, the reviewers conclusively investigate the claims attacking Pius XII. The Pius War, and a detailed annotated bibliography that follows, will prove to be a definitive tool for scholars and students destined to become a major resource for anyone interested in questions of Catholicism, the Holocaust, and World War II."