Natural Law And The Just Society

The natural law tradition is rooted in the understanding that society has a place within the universe as a whole. Just as the universe has a natural order that is balanced and just, so does human society. The ancient study of law-making was grounded in this correlation between the universal order and the order of society. When a society conforms to its own real nature, it will flourish and be just and attain its proper end. This view of a natural social order was central to ancient political and economic theory, ranging from Hesiod, Greek philosophy, Roman jurisprudence and medieval theology. In philosophical reflection on jurisprudence natural law has always held a special place and informed the Western understanding of justice and the good society. Society had been seen analogously to a single body with its different functions which should work harmoniously together. Law-making sought to ground itself in this natural harmony. The present study seeks to trace the history of natural law within this wider social framework. In particular it seeks to show that insights from the natural law tradition have practical application in our own times, especially in the search for social and economic justice.

Gierke, Otto. Natural Law and the Theory of Society 1500 to 1800. With a Lecture on the Ideas of Natural Law and Humanity by Ernst Troeltsch. Translated with an Introduction by Ernest Barker. Complete in one volume. Cambridge: The University Press, 1950. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 2001016483. ISBN 1-58477-149-6. Cloth. $110. * Reprint complete in one volume that contains "an English translation of five sections of the fourth volume of Otto von Gierke's magisterial treatise on the history of the German law of associations. When this edition was published, all competent students of the history of jurisprudence and political thought at once recognized that Professor Barker had made a very important contribution to the literature of these fields, none the less so because of the elaborate and learned Introduction which he himself had contributed." C.J. Friedrich, Harv. L. Rev. 49:677-680 cited in Marke, Catalogue of the Law Collection at New York University 938. Gierke [1841-1921], an important German jurist, is widely considered to be a founder of modern German constitutional law.

Mankind is centuries overdue for a sharp mental and moral shakeup! Men and women know nothing but servility, slavery, and unceasing tyranny. What else can there be but bloodshed when society authorises a state to make laws enforceable by gunpowder, or when government rules moralitydespite that rule is immoral by nature. Natural law answers those questions, but who knows what natural law is? Kenneth E Bartles Law From Within reveals the Principles of Natural law. Astounding revelations offer a new appraisal of Mans nature. Consciousness, subconscious mind, free will, conscience, emotions, ethics, morality, and justice, are explored in a loving manner for thinking minds. Bartles forty years of research and study challenge several olden-day ideologies, human and social sciences tried and found wanting. Diagrams help explain twenty natural laws showing the Creators bountiful invitation to truly live. These rules of process exist for our benefit and joy; free will upheld unreservedly. Grasp these vital natural law principles, as Law from Within, and you will see how virtuous natural laws belonging to all of usmay forge a free, moral, and just society for you and your children; one never dreamed. Your life and their lives are in your hands.

"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Addresses the questions philosophers have asked for centuries about the ground for man's actions. Why be moral? What is law? What are the limits of coercion within a just and free society? These and similar questions are ancient yet timely; and today, as always, they demand answers. Explicates the historical, theoretical, legislative and juridical aspects of natural law doctrine. The essayists reveal the comprehensiveness and, consequently, the usefulness of natural law theory in deriving human solutions to the problems confronting contemporary society.

The Justice of War: Its Foundations in Ethics and Natural Law puts normative ethical theory at the forefront in its discussion of the justice of war. Situating the modern theory of just war in its historical context, Richard A. S. Hall gives full attention to natural law, a mainstay of just war theory. Hall considers the American philosopher Josiah Royce’s implicit theory of just war with its suggestion of a fourth component of just war theory (in addition to jus ad bellum, jus in bello, and jus post bellum), namely, jus ad pacem—justice/law for or about peace—concerning the prevention of war and the maintenance of peace. This book addresses, and answers affirmatively, the following questions raised by just war theory: Can just war theory be rationally defended against its realpolitik critics? Can there by such a thing as a just or moral war? The book aims at showing the doubters and critics that just war theory is a viable alternative to both the political realism of realpolitik and pacifism. In brief, war can be morally justified, though under very restrictive conditions.