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Natural Law And Natural Rights
''Natural Law and Natural Rights'' (1980; second edition 2011) is a book by John Finnis first published by Oxford University Press, as part of the Clarendon Law Series. Finnis develops a philosophy of Law in the tradition of Aristotle and Thomas Aquinas – Natural Law. His presentation and defence of Natural Law can be explored from three perspectives. First, polemical, by contradistinction with other philosophies of Law. Second, through its particular methodology, based on practical reasoning. Third, through its substantive content in the form of basic human goods. This article offers a brief overview of each of these perspectives. In addition, his 2011 edition included an extensive Postcript, which is briefly discussed in the 4th Section. A brief appraisal of the book is included in the final section. Polemical Finnis critiques a number of authors and philosophical traditions, thereby offering polemical support for his conception of Natural Law. An illustration of thi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Finnis
John Mitchell Finnis, , (born 28 July 1940) is an Australian legal philosopher, jurist and scholar specializing in jurisprudence and the philosophy of law. He is the Biolchini Family Professor of Law, emeritus, at Notre Dame Law School and a Permanent Senior Distinguished Research Fellow at Notre Dame's de Nicola Center for Ethics and Culture. He was Professor of Law & Legal Philosophy at the University of Oxford from 1989 to 2010, where he is now professor emeritus. He acted as a constitutional adviser to successive Australian Commonwealth governments in constitutional matters and bilateral relations with the United Kingdom. His academic focus is in the areas of jurisprudence, political theory, and constitutional law, while his practice at the English Bar saw him in cases at the High Court and at the Court of Appeal. He is a member of Gray's Inn. He was appointed an honorary Queen's Counsel in 2017. In 2019 he was appointed a Companion of the Order of Australia (AC), Au ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Raz
Joseph Raz (; he, יוסף רז; born Zaltsman; 21 March 19392 May 2022) was an Israeli legal, moral and political philosopher. He was an advocate of legal positivism and is known for his conception of perfectionist liberalism. Raz spent most of his career as a professor of philosophy of law at the University of Oxford associated with Balliol College and was latterly a part-time professor of law at Columbia University Law School and a part-time professor at King's College London. He received the Tang Prize in Rule of Law in 2018. Life and career Joseph Zaltsman was born on 21 March 1939 in Haifa (then in Mandatory Palestine) to Sonya and Shmuel Zaltsman. He graduated in 1963 from the Hebrew University of Jerusalem with a Magister Juris, ''summa cum laude''. Also in 1963, he changed his surname to Raz. Later, with funds provided by the Hebrew University, Raz pursued a doctorate at the University of Oxford under the supervision of H. L. A. Hart. Raz had met Hart earlier at a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Cajetan
Thomas Cajetan (; 20 February 14699 August 1534), also known as Gaetanus, commonly Tommaso de Vio or Thomas de Vio, was an Italian philosopher, theologian, cardinal (from 1517 until his death) and the Master of the Order of Preachers 1508 to 1518. He was a leading theologian of his day who is now best known as the spokesman for Catholic opposition to the teachings of Martin Luther and the Protestant Reformation while he was the Pope's Legate in Augsburg, and among Catholics for his extensive commentary on the ''Summa Theologica'' of Thomas Aquinas. He is not to be confused with his contemporary, Saint Cajetan, the founder of the Theatines. Life De Vio was born in Gaeta, then part of the Kingdom of Naples, as Jacopo Vio. The name Tommaso was taken as a monastic name, while the surname Cajetan derives from his native city. At the age of fifteen he entered the Dominican order and devoted himself to the study of the philosophy of St. Thomas Aquinas, becoming before the age of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Good
In philosophy, economics, and political science, the common good (also commonwealth, general welfare, or public benefit) is either what is shared and beneficial for all or most members of a given community, or alternatively, what is achieved by citizenship, collective action, and active participation in the realm of politics and public service. The concept of the common good differs significantly among List of philosophies, philosophical doctrines. Early conceptions of the common good were set out by Ancient Greece, Ancient Greek philosophers, including Aristotle and Plato. One understanding of the common good rooted in Aristotelianism, Aristotle's philosophy remains in common usage today, referring to what one contemporary scholar calls the "good proper to, and attainable only by, the community, yet individually shared by its members." The concept of common good developed through the work of political theorists, moral philosophers, and public economists, including Thomas Aquinas, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Original Position
The original position (OP), often referred to as the veil of ignorance, is a thought experiment used for reasoning about the principles that should structure a society based on mutual dependence. The phrases ''original position'' and ''veil of ignorance'' were coined by the American philosopher John Rawls, but the thought experiment itself was developed by William Vickrey and John Harsanyi in earlier writings. In the original position, you are asked to consider which principles you would select for the basic structure of society, but you must select as if you had no knowledge ahead of time what position you would end up having in that society. This choice is made from behind a "veil of ignorance", which prevents you from knowing your ethnicity, social status, gender and, crucially in Rawls' formulation, your or anyone else's idea of how to lead a good life. Ideally, this would force participants to select principles impartially and rationally. In Rawls's theory the original posi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Max Weber
Maximilian Karl Emil Weber (; ; 21 April 186414 June 1920) was a German sociologist, historian, jurist and political economist, who is regarded as among the most important theorists of the development of modern Western society. His ideas profoundly influence social theory and research. While Weber did not see himself as a sociologist, he is recognized as one of the fathers of sociology along with Karl Marx, and Émile Durkheim. Unlike Durkheim, Weber did not believe in monocausal explanations, proposing instead that for any outcome there can be multiple causes. Also unlike Durkheim, Weber was a key proponent of methodological anti-positivism, arguing for the study of social action through interpretive rather than purely empiricist methods, based on a subjective understanding of the meanings that individuals attach to their own actions. Weber's main intellectual concern was in understanding the processes of rationalisation, secularisation, and the ensuing sense of "disenchan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wesley Newcomb Hohfeld
Wesley Newcomb Hohfeld (August 9, 1879, Oakland, CaliforniaOctober 21, 1918, Alameda, California) was an American jurist. He was the author of the seminal ''Fundamental Legal Conceptions as Applied in Judicial Reasoning and Other Legal Essays'' (1919). During his life he published only a handful of law journal articles. After his death the material forming the basis of ''Fundamental Legal Conceptions'' was derived from two articles in the ''Yale Law Journal'' (1913) and (1917) that had been partially revised with a view to publication. Editorial work was undertaken to complete the revisions and the book was published with the inclusion of the manuscript notes that Hohfeld had left, plus seven other essays. The work remains a powerful contribution to modern understanding of the nature of rights and the implications of liberty. To reflect Hohfeld's continuing importance, a chair at Yale University is named after him. The chair is currently occupied by Gideon Yaffe as of 2019 and was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Austin (legal Philosopher)
John Austin (3 March 1790 – 1 December 1859) was an English legal theorist, who posthumously influenced British and American law with an analytical approach to jurisprudence and a theory of legal positivism. Austin opposed traditional approaches of "natural law", arguing against any need for connections between law and morality. Human legal systems, he claimed, can and should be studied in an empirical, value-free way. Life and work Austin was born on 3 March 1790 at Creeting St Mary in today's district of Mid Suffolk, as the eldest son of a well-to-do miller. After spending five years in the army during the Napoleonic Wars, Austin turned to law, and spent seven unhappy years practising at the Chancery bar. In 1819, he married Sarah Taylor and became neighbours and close friends with Jeremy Bentham, James and John Stuart Mill. Mainly through Bentham's influence, Austin was appointed Professor of Jurisprudence at the newly founded London University in 1826. However, Austin's l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jeremy Bentham
Jeremy Bentham (; 15 February 1748 Old_Style_and_New_Style_dates">O.S._4_February_1747.html" ;"title="Old_Style_and_New_Style_dates.html" ;"title="nowiki/>Old Style and New Style dates">O.S. 4 February 1747">Old_Style_and_New_Style_dates.html" ;"title="nowiki/>Old Style and New Style dates">O.S. 4 February 1747ref name="Johnson2012" /> – 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism. Bentham defined as the "fundamental axiom" of his philosophy the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong." He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism. He advocated individual and economic freedoms, the separation of church and state, freedom of expression, equal rights for women, the right to divorce, and (in an unpublished essay) the decriminalising of homosex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Hobbes
Thomas Hobbes ( ; 5/15 April 1588 – 4/14 December 1679) was an English philosopher, considered to be one of the founders of modern political philosophy. Hobbes is best known for his 1651 book ''Leviathan'', in which he expounds an influential formulation of social contract theory. In addition to political philosophy, Hobbes contributed to a diverse array of other fields, including history, jurisprudence, geometry, theology, and ethics, as well as philosophy in general. Biography Early life Thomas Hobbes was born on 5 April 1588 (Old Style), in Westport, now part of Malmesbury in Wiltshire, England. Having been born prematurely when his mother heard of the coming invasion of the Spanish Armada, Hobbes later reported that "my mother gave birth to twins: myself and fear." Hobbes had a brother, Edmund, about two years older, as well as a sister named Anne. Although Thomas Hobbes's childhood is unknown to a large extent, as is his mother's name, it is known that Hobbes's fat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ronald Dworkin
Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H.L.A. Hart. An influential contributor to both philosophy of law and political philosophy, Dworkin received the 2007 Holberg International Memorial Prize in the Humanities for "his pioneering scholarly work" of "worldwide impact." According to a survey in ''The Journal of Legal Studies'', Dworkin was the second most-cited American legal scholar of the twentieth century. After his death, the Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 years. He m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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