Natural Law in Jurisprudence and PoliticsCambridge University Press, 2006年3月13日 Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment. |
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常見字詞
acceptance sense account of political adhere affirm agents aggregative common aggregative conception appeal Aquinas’s argument assertions authoritative backed by decisive bligers characteristic activity citizens claim coercion commitment common good principle consent account consent theory consent view coordination criminal decisive reasons defective defender determination dictates distinctive good view expressive Finnis Finnis’s friend’s Fugitive Slave Act function hold IIaIIae illocutionary act illocutionary force justice justified law political philosophy law’s authority legal positivism legal punishment legal system moral natural law account natural law jurisprudence natural law political natural law theorist natural law thesis natural law view non-defective normative force objection one’s share perform persons point of view political authority political community practical reasonableness promise promote the common realized reason to comply reasons for action reasons for compliance requirement response retributivism retributivist rule of recognition Shafer-Landau simply sort speech-act strong natural law subpolitical Summa Theologiae Suppose utilitarian weak natural law
熱門章節
第 xi 頁 - Now, to say that human laws which conflict with the Divine law are not binding, that is to say, are not laws, is to talk stark nonsense. The most pernicious laws, and therefore those which are most opposed to the will of God, have been and are continually enforced as laws by judicial tribunals.
第 73 頁 - But would these reasoners look abroad into the world, they would meet with nothing that in the least corresponds to their ideas or can warrant so refined and philosophical a system.
第 116 頁 - ... the act of sin makes man deserving of punishment, in so far as he transgresses the order of Divine justice, to which he cannot return except he pay some sort of penal compensation, which restores him to the equality of justice...
第 76 頁 - Can we seriously say, that a poor peasant or artisan has a free choice to leave his country, when he knows no foreign language or manners, and lives, from day to day, by the small wages which he acquires? We may as well assert that a man, by remaining in a vessel, freely consents to the dominion of the master; though he was carried on board while asleep, and must leap into the ocean and perish, the moment he leaves her.
第 116 頁 - A person who violates the rules has something others have — the benefits of the system — but by renouncing what others have assumed, the burdens of self-restraint, he has acquired an unfair advantage. Matters are not even until this advantage is in some way erased. Another way of putting it is that he owes something to others, for he has something that does not rightfully belong to him. Justice — that is punishing such individuals — restores the equilibrium of benefits and burdens by taking...
第 58 頁 - The main idea is that society is rightly ordered, and therefore just, when its major institutions are arranged so as to achieve the greatest net balance of satisfaction summed over all the individuals belonging to it.
第 13 頁 - P, (1) everyone conforms to R; (2) everyone expects everyone else to conform to R; (3) everyone prefers to conform to R on condition that the others do, since 5 is a coordination problem and uniform conformity to R is a coordination equilibrium in S.
第 114 頁 - ... if the health of the whole body demands the excision of a member, through its being decayed or infectious to the other members, it will be both praiseworthy and advantageous to have it cut away Now every individual person is compared to the whole community, as part to whole.
第 79 頁 - The second kind of moral duties are such as are not supported by any original instinct of nature, but are performed entirely from a sense of obligation, when we consider the necessities of human society, and the impossibiHty of supporting it, if these duties were neglected.
第 81 頁 - But government extends farther its beneficial influence ; and not contented to protect men in those conventions they make for their mutual interest it often obliges them to make such conventions, and forces them to seek their own advantage, by a concurrence in some common end or purpose.