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Download PDF (191.3 Index Abduh, Muhammad 151–3 divine law, on 17–18, 87–8, 139, 290, 321–4 abortion 410–416, 419 eternal law 18, 80, 87–9, 196–7, 323–4 Abraham 67–8 good, interpretation of 89, 139 Abu Bakr al-Baqillani 150 human person theory 80–83, 139–40 Abu Hanifa, Imam 156–7 dispositional properties 81–2, 89–91 actions human essence 80–81, 87–91 concept of 35–7 imagination, on 290 created world and human action, relationship is/ought problem 84–5, 89–90, 92, 322–3 between 200–201 justice theory 307–9, 312–13, 315, 317, 319, human free will, and Islamic law 150 325, 397–8 obligation, and 112–13, 117 medieval philosophical influences on 71, 76–8 proper actions vs. right actions 43–6, 48 moral/ethical realism theory 77, 80–82, rightness and wrongness of 118–21 89–90, 139–40, 322–3 aesthetics natural law theory 307–8, 320–24, 393 imagination, and 285, 287–9 challenges of 91–2, 309 incommensurability of 256–61 critics and followers of 84–5 African American perspectives see black God, role of 79–80, 87–8, 196–7, 309, natural law 321–4 AG (SPUC) v Open Door Counselling Limited higher law, as 319–20, 397–9 (Ir) 415–16 interpretation approaches 139–40, 309 al-Alwani, Taha Jabir 156 key points 86, 89 al-Din al-Razi, Fakhr 150 modern moral philosophy, role in 91, al-Ghazali, Imam 149–51 133, 228 al-Juwayni, Imam 149 philosophical basis for 79, 273 al-Shafi'i, Imam 157 subsidiarity principle, and 396–9 Albo, Joseph 130 practical reason, on 18, 196–7, 322–3 Alexy, Robert 422 sensitive soul, on 286 Althusius, Johannes 209–11, 385–6 subsidiarity principle, and 396–9 Ambrose 50, 56, 62 values, on 89–90 animals Aristotle acceptable behaviour of 40, 45 Aquinas, compared with 80, 307–8, 317, analogies 210, 351–2, 384 396, 398 natural law, and 54, 210 common law vs. particular law 13, 20 Annas, J. 272 community, concept of 22–3, 25–6, 28, Anscombe, Elizabeth 77–8, 267 383–4, 396–8 Anselm 50 constitutional theory 25 Antipater of Tarsus 42–3, 46–7, 49 democracy 27 Aquinas, Thomas, Saint divine law 17–21, 321–2 Aristotle, compared with 17–19, 28, 80, eternal law 19–20 307–8, 317, 396, 398 father of natural law, debate as to whether biblical law, on 196–7, 321–2 13–17 429 Jonathan Crowe and Constance Y. Lee - 9781788110044 Downloaded from Elgar Online at 09/24/2021 08:02:37PM via free access 430 Research handbook on natural law theory Islamic law, influences on 151 Ayers, Michael 81 justice theory 13–20, 23–5, 27–30, 307–8, 312, 315–17, 319, 324–5 Bahya ibn Pakuda 136 law as intellect without desire 26–7 Baldwin, James 230, 234 medieval philosophy, influence on 78 Barbeyrac, Jean 105–8, 118, 121–2, 127–8 nature, theories on 21–5 Barth, Karl 216–17, 321 nomos, limitations of 13–14, 19 basic goods see goods Plato's theories, compared with 20–21 Bavinck, Herman 217–18 practical reason, role of 22–4, 26–30 Beaney, Michael 285–6 rationality of law 27–8 Beer, Samuel 373 rule of law 15, 23, 26–7 Benedict XVI, Pope 320, 404–5 self-sufficiency 22–3 Bentham, Jeremy 321 sophists, criticism of 27 Bergman, Gustav 79 Stoicism, compared with 21–2 Berkeley, George 214 subsidiarity principle, and 396–7 Berman, Harold 384 telos, nature of thing in relation to 132, 310 Bible, The 181 see also Psalm 19 unwritten and customary law 20 Hebrew Bible validity of law 29–30 Amos 4:1,6–9 201 virtue, on 23, 272, 276, 313–14 Deuteronomy 4:5–8 191 Aroney, Nicholas 398 Deuteronomy 10:17 186 artifact theory of law 423–30 Deuteronomy 33:2 186 assisted suicide 417 Exodus 19:6 186, 191 Augustine, Saint Exodus 19:18 187 City of God and City of Men 65–7 Exodus 20:1–14,22 186 empire, society and political power, on 73–5 Genesis 1:1–2:3 183, 185, 194, 200, 395 eternal law 58, 60–61, 67–8, 70 Genesis 9:5–6 202 free will, on 73 Genesis 17:1–8 191 God, power of 69 Genesis 18:22,23 202 grace, on 58, 66, 70, 72–3 Genesis 19:23–27 200 hierarchy of being 68–9 Hosea 4:1–6 200–201 human deficiencies and vices 64–7, 72 Isaiah 1:12–19 201 human knowledge and institutions 69–70 Isaiah 24:3–6 200 human reason, and 68 Jeremiah 9:12–13 200 human virtues 73–4 1 Kings 3:9,16–28 202 influences on 57–8, 62–3, 71 Micah 6:6–15 201 law, on Proverbs 17:15 200–201 adherence to, importance of 57, 59–60 natural law in 181–2, 194–5, 197–9 general interpretation 58–67 created world and human action, purpose of 61–2 relationship between 200–201 marriage and children, on 67–9 creation in image of God 201 natural law theory, 67–72 divine and human acts of judgment 202 nature, power of 64–5 divine commands, and 202 Plato, on 62–3 revelation, differing forms of 201–2 proper rule, basis for 63–4 theoretical continuity 200–201 Austin, John 77, 321 universal knowledge of norms 201 autonomy 416–17 New Testament Jonathan Crowe and Constance Y. Lee - 9781788110044 Downloaded from Elgar Online at 09/24/2021 08:02:37PM via free access Index 431 Romans 1:18–3:20 221 borrowing and lending 310–311, 316 Romans 2:12–20 70–71, 206, 215, 220 Boyle, Joseph 360–63 Romans 3:21–5:21 221 Brennan, Jason 261 Romans 13:1–7 206 Brown v. Board of Education (US) 229 Torah, the Brunner, Emil 217 creation, relationship between Bryson, Annette 254 190–93, 200 Buber, Martin 228 importance of 185–9, 190–93 Budziszewski, J. 281, 394–5 universal communication, and 202 biblical law see also Psalm 19 Cain and Abel 65–6, 328–9 Aquinas on 196–7 Calvin, John definition 193–4 Augustinian influences on 97 natural law, relationship between 192, 195–7 conscience, on 93–5, 100–104, 206 place within divine purpose 190–92 creation in image of God, on 96–7 black natural law 223 dialectical methodology of 95, 104 alcohol and tobacco 227 equity and discretion, on 206 black Christian women, role of 227–8, 231 God, sovereignty of 141 black power movement 234 grace, on 99, 101 collective human action, and 225–6, 228, human nature, on 95–7, 100–103 230, 232–3 human reason and impiety, on 98–9, 104, 207 common sense and common humanity 224–6 natural law theory 93–4, 99–100, 206–7 conservatism, and 234–5 sin, on 93–104, 206–7, 282–3 critical race theory, and 223 total human depravity doctrine 93–100, 104 divine vs. State authority, judicial cannibalism 40, 45 interpretation 224–5 Carmichael, Stokely 234 education and motherhood, importance of Carneades 36 228, 231 Catholicism see Christian Reformation; future possibilities, orientation towards 226–7 subsidiarity principle higher law, need for 223, 228 causality human nature, and absolute random, and 344–5 distortions of 225–6, 231 chance 345 normative claims 231–3 freedom, and 335–6 interest, trends in 234–5 incommensurability 259–60 law and justice 229–30, 235 miracles, and 345–6 law and obedience 234 reactivity, in human nature 335–6, 340 law and social norms 223 scientific 329 Protestantism, influences of 233 world, in the and of the 343–4 racism and sexism 223, 227–9 Chang, Julia 176 reason and emotion 227, 231–2, 234–5 charity 61–2, 404 segregation, and 231–3 Charles, David 91 theorists Chesterton, G.K. 287, 290, 292–3 Cooper 226–8 China, generally see also Confucianism Douglass 223–6 socialist rule of law 179–80 King 223, 228–30 Tang Code 174, 180 Bodde, Derk 167 Christian rationalism 321–2 Bol, Peter 176 Christian Reformation see also Calvin Jonathan Crowe and Constance Y. Lee - 9781788110044 Downloaded from Elgar Online at 09/24/2021 08:02:37PM via free access 432 Research handbook on natural law theory Althusius 209–11 Stoicism, influences of 55–6 background 204–5 Chrysippus 34–6, 38, 41–6, 50–51 Barth 216–17 Cicero 21, 46, 51–2, 55, 73, 272–3 doctrines, summary 204 City of God and City of Men 65–7 Hodge 214, 216 civil society 310, 353–5 Junius 207–9 Clarke, Desmond 414 natural law theories Cleanthes 33, 39–40, 43, 50 analogies, use of 210 Clement of Alexandria 50–51 biblical theology influences on 221 Clines, D.J.A. 185 common sense realism 214–16 Colish, Marcia 58 conscience 206, 210 common good 18 consensus, development of 205–14 Aristotle on 28, 310–311 creation, role of 220 basic goods, role in sustaining 303–5 critics of 216–18 community vs. self interest 302–5, 353–5, divine law 207–8 364–5, 384 ecumenical influences on 221–2 definition and interpretation 297, 300– eternal law 207–8, 212–13 302, 352–3 historical scholarship trends, and duties and responsibilities 301–2, 356–9 219–20 friendship, as 302, 354–5 human law, relationship between 208 intelligible and unintelligible actions human reason, role of 207–9 300–301 justice 213, 220 just social order, and 353, 355–9, 364–5, law vs.
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