Understanding Natural Law and Several Communicative Implications Rachel Ann Kosko
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The Naturalistic Fallacy and Natural Law Methodology
The Naturalistic Fallacy and Natural Law Methodology W. Matthews Grant It is customary to divide contemporary natural law theorists-at least those working broadly within the Thomistic tradition-into two main camps. In one camp are those such as John Finnis, Germain Grisez and Robert George, who deny that a natural law ethics need base itself on premises supplied by a methodologically prior philosophical anthropol ogy. According to these thinkers, practical reason, when reflecting on experience and considering possible ends of action, grasps in a non-in ferential act of understanding certain basic goods that ought to be pursued. Since these goods are not deduced, demonstrated, or derived from prior premises, they provide a set of self-evident or per se nota primary pre cepts from which all other precepts of the natural law may be derived. Because these primary precepts or basic goods are self-evident, natural law theorizing need not wait on the findings of anthropologists and phi losophers of human nature. 1 A rival school of natural law ethicists, comprised of such thinkers as Russell Bittinger, Ralph Mcinerny, Henry Veatch andAnthony Lisska, rejects the claims of Finnis and his colleagues for the autonomy of natural law I. For major statements and defenses of this position see John Finnis, Natural Law and Natural Rights (Oxford: Oxford University Press, I980); Germain Grisez, The Way of the Lord Jesus~ vol. I, Christian Moral Principles (Chicago: Franciscan Herald Press, I983);. Robert P. George, "Recent Criticism of Natural Law -
The Concept of the Sun As Ἡγεμονικόν in the Stoa and in Manilius’ Astronomica Nº 21, Sep.-Dec
Eduardo Boechat - Universidade de Brasilia (Brazil) [email protected] The concept of the Sun as ἡγεμονικόν in the Stoa and in Manilius’ Astronomica nº 21, sep.-dec. 2017 BOECHAT, E. (2017). The concept of the Sun as ἡγεμονικόν in the Stoa and in Manilius’ Astronomica. Archai nº21, sep.-dec., p. 79-125 DOI: https://doi.org/10.14195/1984 -249X_21_3 Abstract: Hegemonikon in Stoic vocabulary is the technical term for the chief part or ‘command-centre’ of the soul. As we know, the Stoics considered the cosmos a living organism, and they theorised both about the human soul’s Hegemonikon and about its counterpart in the World-soul. My ultimate purpose in this paper is to show that the Stoic concept of the cosmic hegemonikon can be observed in Manilius’ Astro- nomica. The paper is divided into two parts. To begin with, I will examine and discuss the evidence concerning this concept in the relevant texts of the Early and Middle Stoa. The analysis will indicate that the concept of hegemonikon could involve a background of astronomical theory which some scholars attribute to the Stoic Posidonius. In the second section, I will go on to relate the concept of hegemonikon to the doctrines conveyed by Manilius. Additionally, we shall 79 see that Manilius’ polemic allusions to Lucretius’ De Rerum Natura suggest that the concept was intensely debated in the Post-Hellenistic philosophical circles. Keywords: Ancient Cosmology; Stoics; Manilius; Greek Astrology. nº 21, sep.-dec. 2017 Eduardo Boechat, ‘The concept of the Sun as ἡγεμονικόν in the Stoa and in Manilius’ Astro- nomica.’, p. -
Thomist Natural Law
The Catholic Lawyer Volume 8 Number 1 Volume 8, Winter 1962, Number 1 Article 5 Thomist Natural Law Joaquin F. Garcia, C.M. Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Catholic Studies Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. THOMIST NATURAL LAW JOAQUIN F. GARCIA, C.M.* N THE Summer 1960 edition of The Catholic Lawyer, Dr. R. D. Lumb, a Lecturer in Law at the University of Queensland, had an article entitled "Natural Law - An Unchanging Standard?", in which he con- sidered the doctrines of two thinkers, St. Thomas and Suarez. It is the opinion of this writer that as far as Thomist Natural Law is concerned, Dr. Lumb could have omitted the question mark. It is an unchanging standard. Dr. Lumb set himself the task of ascertaining whether the traditional Thomist system takes into account the variables to be found in any system of rules or institutions. The Thomist system of law does take account of the variables but through positive law, through the application of the universal Natural Law principles to particular changing conditions. By no means does it replace positive law. Unlike 18th century rationalis- tic Natural Law which often ignored experience, which often contained personal, social and political programs, and which often was not Natural Law at all but positive law under a Natural Law label, Thomist Natural Law offers the widest scope for positive law and stresses the importance of experience. -
Philosophy of Natural Law
4YFPMWLIHMR-RWXMXYXI W.SYVREP7IT PHILOSOPHY OF NATURAL LAW Justice K. N. Saikia Former Judge Supreme Court of India. Director General National Judicial Academy By philosophy of law, for the purpose of this article, is meant the pursuit of wisdom, truth and knowledge of law by use of reason. In other words, philosophy of law means the ratlonal investigation and study of the basic ideal and principles of law. The philosophy of natural law is the subject of this article. Longing for a Higher Law - In the human bosom there has always been a longing for a higher law than those made by the community itself. The divine theory of law, the theory of natural law, and the principles of natural justice are some theories or notions found in fulfilment of this longing. Divine laws are those ascribed to God. Divine rights of kings were supposed to have been derived from God. Laws which are claimed to be God-made, may not be amendable by man; and their reasoning and provisions also not to be ques- tioned by man. Greek thinkers from Homer to the Stoics, and reflections of Plato and Aristotle mainly provide the beginning of systematic legal thinking. In Homer, law is embodied in the themistes which the kings receive from Zeus as the divine source of all earthly justice which is still identical with order and authority. Solon the great Athenian lawgiver appeals to Dike, the daughter of Zeus, as a guarantor of justice against earthly tyranny, violation of rights and social injustice. The Code of Hamurapi was handed over by the Sun god. -
CC1: Invitation to Philosophy
CC1: Invitation to Philosophy Topic Lectures in terms of Weeks Unit 1: The Nature of Philosophy - 1st-2nd week The Nature of Philosophical Thinking Philosophy as critical Inquiry 2nd-3rd Week Philosophical and Scientific Questions: 3rd-4th Week Differences and Similarities Unit II: Methods in Philosophy - 4th-5th Week Socratic Method Linguistic Analysis 5th- 6th Week Phenomenological Method 6th -7th Week Deconstruction 7th-8th Week Unit III: Fundamental issues in 8th 9th Week Philosophy - Knowledge and Skepticism What is reality? Philosophical Theories of 9th- 11th Week the nature of reality Importance of asking moral questions in 11th- 13th Week everyday Life: Right and wrong, Good life and Happiness Unit IV:Ways of Doing Philosophy in 13th -14th Week the East - Indian Philosophy Chinese Philosophy 14th -15th Week Islamic Philosophy 15th -16th Week CC 2: History of Greek and Medieval Philosophy Topic Lectures in terms of Weeks Unit I: Pre-Socratic Philosophers 1st to 3rd Week Socratic Philosophy 3rd to 4th Week Unit II: Plato: 4th to 5th Week Introduction, Theory of knowledge 5th to 7thWeek Plato: Theory of knowledge: Knowledge(episteme), and Opinion(doxa) 7th to 8th Week Plato: Theory of Forms, Soul, Idea of God Unit III: Aristotle: 8th to 10th Week Introduction, Critique of Plato’s theory of Forms Aristotle: Theory of Causation 10th to 11th Week Aristotle: Categories, God 11th to 12th Week Unit IV: St. Thomas Aquinas: 12th to 13th Week faith and reason; essence and existence; St. Thomas Aquinas: proofs for the existence of God 13th to 14th Week St. Augustine 14th to 16th Week PHIL 0301: History of Western Epistemology and Metaphysics Topic No. -
How Ancient Greek Philosophy Can Be Made Relevant to Contemporary Life James Duerlinger*
Journal of Philosophy of Life Vol.1, No.1 (March 2011):1-12 How Ancient Greek Philosophy Can Be Made Relevant to Contemporary Life James Duerlinger* Abstract In this paper, I will explain how ancient Greek philosophy can be made relevant to our lives. I do this by explaining how an instructor of a course in ancient Greek philosophy can teach Greek philosophy in a way that makes its study relevant to how the students in the course live their lives. Since this is the most likely way in which its relevance to contemporary life might be realized in practice, I explain its relevance from this perspective. I contrast the different ways in which ancient Greek philosophy is taught, and give examples of how it can be taught that calls attention to the ways in which what the Greeks said are relevant to how students live their lives. In this paper, I will explain how ancient Greek philosophy can be made relevant to contemporary life. The form in which I will explain this is by discussing how an instructor of a course in ancient Greek philosophy can teach Greek philosophy in a way that makes its study relevant to how the students in the course live their lives, since this is the most likely way in which its relevance to contemporary life might be realized in practice. One of the ways in which many instructors of courses in ancient Greek philosophy attempt to make its study relevant to the interests of their students is to teach the course from the perspective of contemporary analytic philosophy.1 This way to teach the course makes it relevant to students who have a background in contemporary analytic philosophy or wish to pursue a career as a professional philosopher or to seek a historical background to contemporary philosophy.2 A more traditional way to make the course relevant is to teach it as * Professor, Philosophy Department, University of Iowa, 11 Woodland Hts. -
Augustinian Christian Philosophy
AUGUSTINIAN CHRISTIAN PHILOSOPHY How does Christianity bear on philosophy? Is there such a thing as Christian philosophy, or are there only Christians who are also philoso phers? How should Christianity and philosophy be related? Should they be related? In "Advice to Christian Philosophers" I said that Christian philosophers should display more autonomy: they have their own fish to fry, their own projects to pursue, (or their own axes to grind, as some might prefer to put it). Here I want to say more about what these projects (or fish, or axes) are like. And the right way to think about these matters, so it seems to me, is broadly Augustinian. Accordingly, I want to propose a program matic sketch (a very programmatic sketch) of a conception of Christian philosophy that grows out of some central Augustinian emphases. I don't claim, however, that Augustine in fact thought of Christian philosophy the way I shall suggest. The primary focus of my paper is not historical (that would in any event be beyond my competence); what I want to do is make a suggestion as to how we should think about Christian philosophy now; but this way of thinking of the matter grows out of Augustinian roots.! It's worth noting, furthermore, that what is at issue is not just a way of thinking about Christianity and philosophy, but about Christianity and scholarship more generally. There are at least four elements in Augustinian Christian philosophy. The first two of these are widely recognized and relatively uncontroversial: I shall therefore be brief about them. -
Cicero and St. Augustine's Just War Theory: Classical Influences on a Christian Idea Berit Van Neste University of South Florida
University of South Florida Scholar Commons Graduate Theses and Dissertations Graduate School 4-12-2006 Cicero and St. Augustine's Just War Theory: Classical Influences on a Christian Idea Berit Van Neste University of South Florida Follow this and additional works at: http://scholarcommons.usf.edu/etd Part of the American Studies Commons, and the Religion Commons Scholar Commons Citation Neste, Berit Van, "Cicero and St. Augustine's Just War Theory: Classical Influences on a Christian Idea" (2006). Graduate Theses and Dissertations. http://scholarcommons.usf.edu/etd/3782 This Thesis is brought to you for free and open access by the Graduate School at Scholar Commons. It has been accepted for inclusion in Graduate Theses and Dissertations by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. Cicero and St. Augustine's Just War Theory: Classical Influences on a Christian Idea by Berit Van Neste A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts Department of Religious Studies College of Arts and Sciences University of South Florida Major Professor: James F. Strange, Ph.D. Paul G. Schneider, Ph.D. Michael J. Decker, Ph.D. Date of Approval: April 12, 2006 Keywords: theology, philosophy, politics, patristic, medieval © Copyright 2006 , Berit Van Neste For Elizabeth and Calista Table of Contents Abstract ii Chapter 1 1 Introduction 1 Cicero’s Influence on Augustine 7 Chapter 2 13 Justice 13 Natural and Temporal Law 19 Commonwealth 34 Chapter 3 49 Just War 49 Chapter 4 60 Conclusion 60 References 64 i Cicero and St. -
The Utilitarian Foundations of Natural Law
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1989 The Utilitarian Foundations of Natural Law Richard A. Epstein Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard A. Epstein, "The Utilitarian Foundations of Natural Law," 12 Harvard Journal of Law and Public Policy 711 (1989). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. 10 SYMPOSIUM ON THE COMPATIBILITY OF RIGHTS AND CONSEQUENTIALIST ANALYSES HeinOnline -- 12 Harv. J. L. & Pub. Pol'y 711 1989 0Q HeinOnline -- 12 Harv. J. L. & Pub. Pol'y 712 1989 THE UTILITARIAN FOUNDATIONS OF NATURAL LAW RICHARD A. EPSTEIN* Contemporary thinking about rights draws a sharp line be- tween deontological and consequentialist ethical theories. De- ontological theories are associated with the natural law tradition as it has developed in this century, while consequen- tialist theories may be conveniently, if inexactly, grouped as utilitarian. The points of opposition between these approaches have been so often rehearsed that it is only necessary to sum- marize them briefly here. Natural rights theories regard them- selves as theories of individual entitlement, not as theories of social good. Their emphasis on the justice of the individual case, the intimate connection between the doer and the sufferer of harm, makes them overtly anti-instrumental in orientation.' They disavow the idea that the consequences of any legal rule could justify its adoption or rejection. -
The Etienne Gilson Series 21
The Etienne Gilson Series 21 Remapping Scholasticism by MARCIA L. COLISH 3 March 2000 Pontifical Institute of Mediaeval Studies This lecture and its publication was made possible through the generous bequest of the late Charles J. Sullivan (1914-1999) Note: the author may be contacted at: Department of History Oberlin College Oberlin OH USA 44074 ISSN 0-708-319X ISBN 0-88844-721-3 © 2000 by Pontifical Institute of Mediaeval Studies 59 Queen’s Park Crescent East Toronto, Ontario, Canada M5S 2C4 Printed in Canada nce upon a time there were two competing story-lines for medieval intellectual history, each writing a major role for scholasticism into its script. Although these story-lines were O created independently and reflected different concerns, they sometimes overlapped and gave each other aid and comfort. Both exerted considerable influence on the way historians of medieval speculative thought conceptualized their subject in the first half of the twentieth cen- tury. Both versions of the map drawn by these two sets of cartographers illustrated what Wallace K. Ferguson later described as “the revolt of the medievalists.”1 One was confined largely to the academy and appealed to a wide variety of medievalists, while the other had a somewhat narrower draw and reflected political and confessional, as well as academic, concerns. The first was the anti-Burckhardtian effort to push Renaissance humanism, understood as combining a knowledge and love of the classics with “the discovery of the world and of man,” back into the Middle Ages. The second was inspired by the neo-Thomist revival launched by Pope Leo XIII, and was inhabited almost exclusively by Roman Catholic scholars. -
5. Glossary of Terms
5 Glossary of Terms Here in the glossary, we have tried to be as concise as possible in defin- ing and describing terms. Our glossary of the terms is specific to our treatment of the teaching of argument in this text. This means that some terms specific to Kenneth Burke’s terministic screen appear among traditional argument terms. By no means is this a definitive or exhaus- tive list, as most rhetorical terms are applicable to teaching argument. For more complete historical and theoretical definitions of key rhetori- cal terms, interested readers might consult one of the more compre- hensive reference works, such as the Encyclopedia of Rhetoric, edited by Thomas Sloane, the Encyclopedia of Rhetoric and Composition, edited by Theresa Enos, or the Sourcebook on Rhetoric by James Jasinski. Action vs. Motion—In A Grammar of Motives, Burke defines action as the “human body in conscious or purposive motion” (14). Action is something only human beings are capable of. A capacity to act, mean- while, is a prerequisite for moral choices. A baseball, thus, is capable of motion but not action, as it “is neither moral nor immoral, it can- not act, it can only move, or be moved” (136). For Burke, action in- volves moving toward an ideal, creating novelty along the way. The transformations effected by action are all necessarily partial, by neces- sity, due to the paradox of substance. See also: Magic, the Paradox of Substance. Agonistic/Eristical Argument—From the Greek agon, meaning con- test or conflict, and eris, meaning strife; agonistic or eristical argument represents a model of argument stressing conflict and dispute, advanc- ing one person’s perspective at the expense of others. -
Catholicism and the Natural Law: a Response to Four Misunderstandings
religions Article Catholicism and the Natural Law: A Response to Four Misunderstandings Francis J. Beckwith Department of Philosophy, Baylor University, Waco, TX 76710, USA; [email protected] Abstract: This article responds to four criticisms of the Catholic view of natural law: (1) it commits the naturalistic fallacy, (2) it makes divine revelation unnecessary, (3) it implausibly claims to establish a shared universal set of moral beliefs, and (4) it disregards the noetic effects of sin. Relying largely on the Church’s most important theologian on the natural law, St. Thomas Aquinas, the author argues that each criticism rests on a misunderstanding of the Catholic view. To accomplish this end, the author first introduces the reader to the natural law by way of an illustration he calls the “the ten (bogus) rules.” He then presents Aquinas’ primary precepts of the natural law and shows how our rejection of the ten bogus rules ultimately relies on these precepts (and inferences from them). In the second half of the article, he responds directly to each of the four criticisms. Keywords: Catholicism; natural law theory; Aquinas; naturalistic fallacy The purpose of this article is to respond to several misunderstandings of the Catholic view of the natural law. I begin with a brief account of the natural law, relying primarily on the work of St. Thomas Aquinas, the Church’s most important theologian on this subject. Citation: Beckwith, Francis J.. 2021. I then move on and offer replies to four criticisms of the natural law that I argue rest on Catholicism and the Natural Law: A misunderstandings: (1) the natural law commits the so-called “naturalistic fallacy,” (2) the Response to Four Misunderstandings.