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Aquinas and Modern Law 1st Edition by James Bernard Murphy, Richard O Brooks ISBN 1409431770 9781409431770

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Author(s): James Bernard Murphy (Editor), Richard O. Brooks (Editor)
ISBN(s): 9781409431770, 1409431770
Edition: 1
File Details: PDF, 39.20 MB
Year: 2013
Language: english
SKU: EB-6784124 Categories: , Tags: ,

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ISBN 10: 1409431770 
ISBN 13: 9781409431770
Author: James Bernard Murphy, Richard O Brooks

This volume collects some of the best recent writings on St. Thomas‘s philosophy of law and includes a critical examination of Aquinas‘s theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights. The volume shows how Aquinas understood the importance of positive law and demonstrates the modern relevance of his writings by including Thomistic critiques of modern jurisprudence and examples of applications of Thomistic jurisprudence to specific modern legal problems such as federalism, environmental policy, abortion and euthanasia. The volume also features an introduction which places Aquinas‘s writings in the context of modern jurisprudence as well as an extensive bibliography. The volume is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries.

Aquinas and Modern Law 1st Table of contents:

Part I: Introduction to Aquinas
1. On Reading the Summa: An Introduction to Saint Thomas Aquinas
The disputation
Quaestio and Articulus
The dialectical question
The disputative part
The determination
Subjects and principles
Sacred Scripture and authority
Ordo disciplinae
The “Treatises”
The First Part
The Second Part
The Third Part
On coming to terms
The teaching instrument
Documentation
Part II: The Problems Of Natural Law
2 Recent Criticism of Natural Law Theory
Notes
3 The Metaphysical Presuppositions of Natural Law in Thomas Aquinas: A New Look at Some Old Question
Introduction
The Role of Metaphysics
Burnyeat on Incomprehensibility of Form in Aquinas: A Problem
Everett J. Nelson and Synthetic Necessary Properties: A Realist Ontology
Nomic and Accidental Universal Propositions
Synthetic Necessary Connections in the World
Thomas Aquinas and the Summa Theologiae
The Human Person and the Requirements of Reason
The Naturalistic Fallacy and a Theory of Obligation
Thin Versus Thick Theories of Human Nature
Finite Human Nature and the Existence of God
Conclusion
Part III: Law And Morality
4 A Question about Law
5 The Scholastic Theory of Moral Law in the Modem World
6 Aquinas’s Two Pedagogies: A Reconsideration of the Relation between Law and Moral Virtue
Aquinas’s Negative Narrative,or How Law Can Curb Moral Vice
Beyond Reform School: Law’s Positive
Universality and Particularity,Law and Liberty
Thomistic Legal Pedagogy andLiberal-Democratic Polities
References
Part IV: Natural Law and Natural Rights
7 Do Natural Rights Derive from Natural Law?
I. NATURALRIGHTSAND NATURAL LAW
II. NATURAL LAW
Ill. NATURAL LAW AND NATURAL RIGHTS
IV. NATURAL RIGHTS
8 Fairness in Holdings: A Natural Law Account of Property and Welfare Rights
I. INTRODUCTION
II. THE THOMISTIC ACCOUNT OF PROPERTY
III. PROPERTY AND WELFARE RIGHTS
IV. WELFARE RlGHTS AND SOCIAL CONDITIONS
V. CONCLUSION
Part V: Dimensions of Positive Law
9 Law’s Positivity in the Natural Law Jurisprudence of Thomas Aquinas
THE SCIENTIFIC DIMENSION OF POSITIVE LAW: THE KINDS OF ORDERIN SOCIETY
THE THEOLOGICAL DIMENSION OF POSITIVE LAW
THE NORMATIVE DIMENSION OF POSITIVE LAWIN RELATION TO NATURAL LAW
WHAT MAKES LAW POSITIVE?
Positive Law as Statutory Law
Positive Law as Contingently Moral
The Ambiguity of Positivity
POSITIVE LAW AND NATURAL LAW
Two Facets of the Relation of Natural Lawto Positive Law
On the Derivation of Positive Lawfrom Natural
Reasons for These Dichotomies
Derived From, or Reduced To, Natural Law
10 The Relation between Positive and Natural Law in Aquinas
I. INTERPRETING AOUINAS
(1) Process of Extension
(2). Positivist
(3) Practical Fulfillment
II. THE SHARED BASIS OF MORALITY AND CIVIL LAW
III. APPLICATION OF THOMISTIC THEORY ABOUT THEDERIVATION OF POSITIVE LAW TO MODERN ISSUES
(1) Just wage legislation
(2) Capital Punishment
(3) Private Property
IV. LEGISLATION, JUDICIAL APPLICATION, AND PLURALISM
(1) The contribution of natural law to the interpretation ofpositive law
(2) The limits of natural law critique
11 The Promulgation of Law
Part VI: One Thomistic Critique Of Many Modern Jurisprudences
12 The Authority of Law in the Predicament of Contemporary Social Theory
13 Liberalism and Natural Law Theory
Part VII: A Thomistic Approach to Selected Legal Problems
14 Subsidiarity, Federalism, and the Best Constitution: Thomas Aquinas on City, Province and Empire
I. INTRODUCTION
II. THE HUMAN GOOD AND POLITICS
III. SOCIAL AND JURISDICTIONAL DIVERSITY
IV. THE BEST CONSTITUTION
V. CONCLUSION: AFTER AQUINAS
15 The Environmental Policy of Saint Thomas Aquinas
I. THESIS
II. INTRODUCTION
III. THE THOMISTIC PHILOSOPHY OF NATURE
IV. THOMISTIC ENVIRONMENTAL ETHICS
A. Humanistic Ecological Rationality and the Rationale forHuman Mastery
B. Thomistic Environmental Virtues Apart From Justice
1. Intellectual and Theological Virtues: Prudence, Faith, Hope,and Charity
2. Environmental Moral Virtues Apart From Justice: Prudence,Fortitude, and Temperance
C. Thomistic Justice and Environmental Behavior
V. WHAT THOMAS MIGHT SAY ABOUT STANDING INENVIRONMENTAL LITIGATION
VI. SUMMARY AND CONCLUSION
16 Toward a Thomistic Perspective on Abortion and the Law in Contemporary
Introduction
I. A Thomistic Critique of Webster V. Reprodutive Health Services
A. Three Unhelpful, Criticisms
B. Clarity
II. The Pedagogical Function of the Law:Teaching a Virtuous Response to Abortion
A. Construing Law as a Teacher
B. Convergences and Disagreements with Fe1’TiinWnandLiberalis
C. The Limits of Law as Restrain
D. Teaching a Virtuous ReKponse to Abortion in Our Society
E. Suggestions for Legal Policy
Conclusion
17 Aquinas and Morphine: Notes on Double Effect at the End of Life
INTRODUCTION
WHY INVOKE THE DOCTRINE OFDOUBLE EFFECT?
THE SUBSTANCE OF THE DOCTRINE OF DOUBLE EFFECT
The Specification of Human Acts
What do the physicians intend?(What is intention?)
The Requirement of Proportionality
APPLICATION OF THE DOCTRINE OF DOUBLE EFFECT
CONCLUDING REMARKS
The Insincere Pain-Medicator
An Easy Case for a Hard Doctrine
Conclusion: ‘The Modern Return to Aquinas
Introduction
The Limits of Thomas Aq uinas in the Modern Age
1 The Comprehensive Vision of St. Thomas Aquinas
2 Systems of Comprehensive Philosophy and Theology
3 Problematic Dialectic
Current Approaches to Aquinas’ Jurisprudence
Another Approach to Modern Thomist Jurisprudence
(1) A Vision for Modern Jurisprudence
(2) The Role of Systematic Thought in Modern Jurisprudence
(3) A Modern Problematic Dialectic?

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