Προσθήκη στα αγαπημένα
Long sidelined in legal discourse, natural law is undergoing a major resurgence in the United States, with dozens of books and articles on the topic, and several sitting judges referring to it in judicial decisions or legal writings. Yet its century-long dormancy has left many jurists and laypeople with a limited and superficial understanding of what natural law is about. Truth About Natural Law addresses this gap, offering an accessible yet critical exploration of the theory, history, and contemporary relevance of natural law.
Brian Z. Tamanaha draws on a wealth of original material to explore the diverse natural law and natural rights positions of prominent past and contemporary authorities. Highlighting the syncretic nature of this tradition, he engages critically with contemporary Aristotelian-Thomists and John Finnis' New Natural Law Theory, offering a critical evaluation of natural law's claims to truth. Rooted in ancient myths of divine law and later adopted by both Catholic doctrine and Western legal thought, Tamanaha demonstrates how natural law played a formative role in shaping Western legal systems-while also being used to justify slavery, the subordination of women, and imperialism. This book offers a vital, timely reappraisal of natural law's legacy and its place in today's legal and political debates.
Part I. Historical Natural Law and Rights
1:Classical Origins
2:Justinian Code and Gratian's decretum
3:Catholic Natural Law of Augustine and Aquinas
4:Natural Law to Natural Rights to Decline
5:Naturalistic Laws of Nature and Society
Part II. Juridical Natural Law and Rights
6:Jurisprudence: Pufendorf, Blackstone, Story
7:Natural Law in Court Uses and Decline
8:International Law Uses and Decline
9:Human Rights Are Not Natural Rights
Part III. Natural Law Today
10:Contemporary Teleological Natural Law
11:New Natural Law Theory
12:Errors and Applying Natural Law Today
A Few Last Words
Περιγραφή
Long sidelined in legal discourse, natural law is undergoing a major resurgence in the United States, with dozens of books and articles on the topic, and several sitting judges referring to it in judicial decisions or legal writings. Yet its century-long dormancy has left many jurists and laypeople with a limited and superficial understanding of what natural law is about. Truth About Natural Law addresses this gap, offering an accessible yet critical exploration of the theory, history, and contemporary relevance of natural law.
Brian Z. Tamanaha draws on a wealth of original material to explore the diverse natural law and natural rights positions of prominent past and contemporary authorities. Highlighting the syncretic nature of this tradition, he engages critically with contemporary Aristotelian-Thomists and John Finnis' New Natural Law Theory, offering a critical evaluation of natural law's claims to truth. Rooted in ancient myths of divine law and later adopted by both Catholic doctrine and Western legal thought, Tamanaha demonstrates how natural law played a formative role in shaping Western legal systems-while also being used to justify slavery, the subordination of women, and imperialism. This book offers a vital, timely reappraisal of natural law's legacy and its place in today's legal and political debates.
