Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-pjpqr Total loading time: 0 Render date: 2024-06-17T18:28:53.758Z Has data issue: false hasContentIssue false

2 - Criteria for Evaluating New Natural Law

Published online by Cambridge University Press:  14 August 2009

Nicholas Bamforth
Affiliation:
University of Oxford
David A. J. Richards
Affiliation:
New York University
Get access

Summary

When a theory is concerned – as is new natural law – with the objectives or values that the law should serve, we need for two reasons to select appropriate criteria for evaluating its desirability or workability. First, any evaluation is otherwise likely to lack an intellectually secure foundation, to be unlikely to convince others of the good sense of its conclusions, and to leave itself open to inaccurate or misconceived responses. Second, if we share the characteristic liberal assumption that law, as a coercive device used by the state to regulate social life, requires a sound normative justification if it is to be used legitimately, we may well be helped – by the use of appropriate criteria – to determine whether the theory under scrutiny can provide such a justification. This second reason clearly comes into play in the case of new natural law, given that the new natural lawyers have made clear – not least through their interventions in contemporary constitutional debates concerning sexuality and gender – that they believe their theory to provide a philosophically sound basis for determining the proper reach of the law in regulating people's day-to-day lives. The purpose of this chapter is therefore to explore some criteria that might be used in evaluating new natural law, and to explain the criteria that we shall use in this book.

Type
Chapter
Information
Patriarchal Religion, Sexuality, and Gender
A Critique of New Natural Law
, pp. 17 - 55
Publisher: Cambridge University Press
Print publication year: 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×