Natural Law and Natural Rights
Series: Clarendon Law Series;
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 7 April 2011
- ISBN 9780199599141
- Binding Paperback
- No. of pages512 pages
- Size 234x166x28 mm
- Weight 775 g
- Language English 0
Categories
Short description:
Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.
MoreLong description:
First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory.
The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence.
The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings.
The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws.
A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.
Finnis's book not only meticulously restores a truly ancient and at times cathedral-like building in need of repair, but also in a very original way endows it with a new meaning by using some freshly developed materials and techniques.
Table of Contents:
Part I
Evaluation and the Description of Law
Images and Objections
Part II
A Basic Form of Good: Knowledge
The Other Basic Values
The Basic Requirements of Practical Reasonableness
Community, Communities, and Common Good
Justice
Rights
Authority
Law
Obligation
Unjust Laws
Part III
Nature, Reason, God
Postscript
