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The Threads of Natural Law

Part of the Ius Gentium: Comparative Perspectives on Law and Justice Book Series (volume 22)

Editors: Contreras, Francisco José

DOI: 10.1007/978-94-007-5656-4

ISBN: 978-94-007-5655-7

Publisher: Springer Netherlands - Springer Journals

Nov 15, 2012

1 - 10 of 14 Chapters

LitStream

Chapter 1Aristotle on Practical Rules, Universality, and the Law

Vega, Jesús

Pages: 1 –25

[Aristotle’s practical philosophy has often been considered as the paradigm of a non-deontological conception—that is, one in which there is not a concept of rule as a criterion universally determining what individuals shall do. Yet this image needs to be severely rectified when we turn our...
LitStream

Chapter 2Cosmopolitanism and Natural Law in Cicero

Alonso, Fernando Llano

Pages: 27 –36

[Marcus Tullius Cicero (106–43 BC) was the first legal philosopher in history. In Cicero´s thought we can find the Stoic conception of Natural Law, i.e., that Law is derived from God, Nature (Universe) and Human Reason. Indeed, Cicero inherits from Stoicism the Pantheistic view of Natural Law as...
LitStream

Chapter 3Natural Law: Autonomous or Heteronomous? The Thomistic Perspective

Poole, Diego

Pages: 37 –45

[According to Aquinas, human creatures participate in the eternal law in two different ways: as a mere material inclination stamped in nature (the improper concept of law), and as a formal participation, as imperative towards an end, constituted by human reason (the proper sense of law, insofar...
LitStream

Chapter 4The Competing Sources of Aquinas’ Natural Law: Aristotle, Roman Law and the Early Christian Fathers

Taitslin, Anna

Pages: 47 –63

[The paper’s focus is on the inner strain in Aquinas’ Natural Law, first pointed out by Suarez, as a conflict between the competing visions of rational nature: natural power of reason versus natural inclination. The paper‘s aim is to vindicate Suarez’ critique of Aquinas’ concept of Natural Law...
LitStream

Chapter 5God and Natural Law: Reflections on Genesis 22

Levering, Matthew

Pages: 65 –83

[Genesis 22 is of interest for natural law doctrine because God’s command that Abraham sacrifice his son Isaac appears to be a divine violation of natural law. Various thinkers, including Immanuel Kant and John Thiel, have recognized the difficulty here. This essay focuses in particular on the...
LitStream

Chapter 6Natural Right and Coercion

González, Ana Marta

Pages: 85 –105

[What is the relationship between natural right and coercion? After an introduction aimed at clarifying the implications of the Aristotelian notion of natural right for this topic, I try to answer this question by focusing in Kant’s approach to natural right. While Kant is not usually considered...
LitStream

Chapter 7Natural Law and the Phenomenological Given

Albert, Marta

Pages: 107 –121

[It is the aim of this essay to re-think the relationship between the phenomenological approach to philosophy of law and the natural law tradition. The hypothesis adopted as a starting point is that phenomenological legal philosophy is, at least, a non-positivistic philosophy of law, as far as it...
LitStream

Chapter 8Perspectivism and Natural Law

Cámara, Ignacio Sánchez

Pages: 123 –134

[The aim of this paper is to analyze ethical perspectivism as an attempt to recover the objectivity of reality and value, following Scheler and Ortega y Gasset. Perspectivism will be distinguished from both universalism and subjectivist relativism. The idea of perspective in the realm of ethics...
LitStream

Chapter 9Natural Law Theory in Spain and Portugal

Luño, Antonio E. Pérez

Pages: 135 –151

[This essay presents an overview of the development of natural law theories in Spain and Portugal in the late nineteenth and the twentieth centuries. There are some shared historical and cultural features that enable the joint treatment of both the Spanish and Portuguese Natural Law theories....
LitStream

Chapter 10International Law and the Natural Law Tradition: The Influence of Verdross and Kelsen on Legaz Lacambra

Elósegui, María

Pages: 153 –177

[This paper focuses on the Austrian legal theorists, Kelsen and Verdross, and their influence on the Spanish Philosopher of Law, Legaz Lacambra, in relation to the concept of International Law during the interwar period, and his basis in natural law tradition. Legaz visited Vienna twice between...

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