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Analytical Legal Naturalism

2020-07-15 Philosophy
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Release : 2020-07-15
Genre : Philosophy
Kind : eBook
Book Rating : 803/5 ( reviews)

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Book Synopsis Analytical Legal Naturalism by : Samuel Zinaich, Jr.

Download or read book Analytical Legal Naturalism written by Samuel Zinaich, Jr.. This book was released on 2020-07-15. Available in PDF, EPUB and Kindle. Book excerpt: In legal jurisprudence, the phenomenon of “hard cases” presents itself as a dilemma between the legal positivists and the natural law realists. Of the former, without the metaphysical underpinnings of an objective legal or moral standard, the legal positivists cannot supply convincing arguments to supplant the sovereign as the origin and authority of law. The natural law realists face the problem of justifying the natural law. Against both views, S. Zinaich Jr. defends a middle position, Analytical Legal Naturalism (ALN). It represents an analytic norm, both necessarily true and known a posteriori. Against the legal positivists, it supplies an objective legal standard by removing--at least for hard cases--the necessity of the will of a sovereign authority. Against the natural law realists, ALN provides a nonmoral standard which, because of its analyticity and necessity, avoids the need for metaethical speculation. Finally, ALN provides a standard that not only supplies the universalizable punch to avoid political subjectivism, but does so in a conventional manner. Thus, ALN does not require a moral or modal reality as truth-making characteristics. Rather, it makes what is legally valuable or disvaluable dependent upon empirically verifiable facts that are legally relevant.

Analytical Legal Naturalism

2020-05-15 Law
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Release : 2020-05-15
Genre : Law
Kind : eBook
Book Rating : 798/5 ( reviews)

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Book Synopsis Analytical Legal Naturalism by : S. ZINAICH (JR.)

Download or read book Analytical Legal Naturalism written by S. ZINAICH (JR.). This book was released on 2020-05-15. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that analytical legal naturalism, which avoids the arbitrary principles associated with legal positivism and the odd properties associated with natural law, is a superior alternative for solving hard legal cases, where no close precedent arises or where conflicting precedents seem relevant.

Knowing the Natural Law

2015-03-26 Philosophy
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Release : 2015-03-26
Genre : Philosophy
Kind : eBook
Book Rating : 33X/5 ( reviews)

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Book Synopsis Knowing the Natural Law by : Steven J. Jensen

Download or read book Knowing the Natural Law written by Steven J. Jensen. This book was released on 2015-03-26. Available in PDF, EPUB and Kindle. Book excerpt: Knowing the Natural Law traces the thought of Aquinas from an understanding of human nature to a knowledge of the human good, from there to an account of ought-statements, and finally to choice, which issues in human actions. The much discussed article on the precepts of the natural law (I-II, 94, 2) provides the framework for a natural law rooted in human nature and in speculative knowledge. Practical knowledge is itself threefold: potentially practical knowledge, virtually practical knowledge, and fully practical knowledge.

Legal Naturalism

2015-11-12 Law
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Release : 2015-11-12
Genre : Law
Kind : eBook
Book Rating : 746/5 ( reviews)

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Book Synopsis Legal Naturalism by : Olufemi Taiwo

Download or read book Legal Naturalism written by Olufemi Taiwo. This book was released on 2015-11-12. Available in PDF, EPUB and Kindle. Book excerpt: Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.

A Comparative Analysis of Cicero and Aquinas

2017-05-18 Philosophy
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Release : 2017-05-18
Genre : Philosophy
Kind : eBook
Book Rating : 474/5 ( reviews)

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Book Synopsis A Comparative Analysis of Cicero and Aquinas by : Charles P. Nemeth

Download or read book A Comparative Analysis of Cicero and Aquinas written by Charles P. Nemeth. This book was released on 2017-05-18. Available in PDF, EPUB and Kindle. Book excerpt: In A Comparative Analysis of Cicero and Aquinas, Charles P. Nemeth investigates how, despite their differences, these two figures may be the most compatible brothers in ideas ever conceived in the theory of natural law. Looking to find common threads that run between the philosophies of these two great thinkers of the Classical and Medieval periods, this book aims to determine whether or not there exists a common ground whereby ethical debates and dilemmas can be evaluated. Does comparison between Cicero and Aquinas offer a new pathway for moral measure, based on defined and developed principles? Do they deliver certain moral and ethical principles for human life to which each agree? Instead of a polemical diatribe, comparison between Cicero and Aquinas may edify a method of compromise and afford a more or less restrictive series of judgements about ethical quandaries.

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