A Study of the Ideas of Law and Justice in the Writings of Lon L. Fuller, Michael Oakeshot, F. A. Hayek, Ronald Dworkin and John Finnis
Author: Charles Covell
The Defence of Natural Law comprises a study of the philosophies of law expounded by Lon L. Fuller, Michael Oakeshott, F.A. Hayek, Ronald Dworkin and John Finnis. The work of these theorists is situated in relation to the modern tradition in legal philosophy. In this way, it is demonstrated that the theorists adhered closely to the natural law standpoint in legal philosophy, while also defending the particular view of the proper functions of law and the state that distinguished the tradition of modern liberalism.
Providing a radical new reading of Hayek's life and work, this new book, by an important Hayekian scholar, dispels many of the mysteries surrounding one of the most prominent economists and political philosophers of the twentieth century. Angner argues that Hayek's work should be seen as continuous with the Natural Law tradition, going on to analyze the response to his work and explain why some have found his ideas so attractive and why others have found them so unpersuasive. The book develops novel accounts of his thought on: spontaneous order information and coordination cultural evolution. This fresh and incisive analysis is the perfect introduction to Hayek's thought for academics involved with philosophical economics and the history of economic ideas as well as for scholars of all levels seeking a new interpretation or deeper understanding of the origins of his work.
Historically, natural law has played a pivotal role in Christian approaches to the law, and a contested role in legal philosophy generally. However, comparative study of natural law across global Christian traditions is largely neglected. This book provides not only the history of natural law ideas across mainstream Christian traditions worldwide, but also an ecumenical comparison of the contemporary natural law positions of different traditions. Its focus is not solely theoretical: it tests the practical utility of natural law by exploring its use in the legal systems of the churches studied. Alongside analysis of the assumptions underlying the concept, it also proposes a jurisprudence of Christian law itself. With chapters written by distinguished lawyers and theologians across the world, this book is designed for those studying and teaching law or theology, those who practice and study ecumenism, and those involved in the practice of church law.
Michael Oakeshott has long been recognized as one of the most important political philosophers of the twentieth century, but until now no single volume has been able to examine all the facets of his wide-ranging philosophy with sufficient depth, expertise, and authority. The essays collected here cover all aspects of Oakeshott’s thought, from his theory of knowledge and philosophies of history, religion, art, and education to his reflections on morality, politics, and law. Aside from the editors, the contributors are Corey Abel, David Boucher, Elizabeth Corey, Robert Devigne, Timothy Fuller, Steven Gerencser, Robert Grant, Noel Malcolm, Kenneth McIntyre, Kenneth Minogue, Noël O’Sullivan, Geoffrey Thomas, and Martyn Thompson.
Charles Covell considers the poltical thought of Thomas Hobbes in relation to the tradition of international law, and with the intention to challenge the reading of Hobbes as the exponent of the realist standpoint in international thought and practice. The relation of Hobbes to international law is explained through attention to the place that he occupies among the modern secular natural law thinkers, such as Grotius, Pufendorf, Wolff and Vattel, who founded the modern system of the law of nations.
The Thought of Thomas Aquinas and the Future of the Common Law
Author: David VanDrunen
Publisher: Peter Lang Pub Incorporated
The decline of the common law in Western legal systems has meant the loss of an important bridge between law and the customs of the societies that law governs, marking the departure from centuries of legal practice and threatening to strip the legal order of its moral basis, according to VanDrun
In this overview of Christian philosophy from Augustine to the present, Christian philosophers (including leaders of the recent revival of Christian analytic philosophy) wrestle with their philosophical beliefs and their faith, questioning whether God exists, how God knows the future, and the relationship between Athens and Jerusalem.