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NEW DIRECTIONS IN NATURAL LAW

  • Vincent Lloyd (a1)
Abstract

Notoriously, natural law means many things to many people. Natural law is discussed quite differently in the fields of ethics, law, and theology; it is employed quite differently in the spheres of political rhetoric, churches, and academia; it has been used quite differently in the eras of ancient Rome, medieval Europe, the Enlightenment, and the postmodern West; and something akin to natural law appears, with quite different associations, in the religious traditions of Christianity, Judaism, Islam, and Hinduism. In some contexts natural law refers to God's moral law. In other contexts natural law consists of norms that can be discerned solely through human reason. In still other contexts natural law describes rules that are naturally embedded in the physical world.

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H. L. A. Hart addresses these issues directly in his early essays “Are There Any Natural Rights,Philosophical Review 64, no. 2 (1955), 175–91

Positivism and the Separation of Law and Morals,Harvard Law Review 71, no. 4 (1958), 593629

John Gardner , “Legal Positivism: 5 ½ Myths,American Journal of Jurisprudence 46, no. 1 (2001): 199227

Brian Leiter , Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy (Oxford: Oxford University Press, 2007)

Mark Murphy , Natural Law in Jurisprudence and Politics (Cambridge: Cambridge University Press, 2006)

Mark D. Jordan , Rewritten Theology: Aquinas after His Readers (Malden: Blackwell, 2006)

Richard Tuck , Natural Rights Theories: Their Origin and Development (Cambridge: Cambridge University Press, 1979)

Matthew Levering , Biblical Natural Law: A Theocentric and Teleological Approach (Oxford: Oxford University Press, 2008)

David Novak , Natural Law in Judaism (Cambridge: Cambridge University Press, 1998)

Werner F. Menski , Hindu Law: Beyond Tradition and Modernity (Oxford: Oxford University Press, 2009)

John Witte , The Reformation of Rights: Law, Religion, and Human Rights in Early Modern Calvinism (Cambridge: Cambridge University Press, 2008)

Caleb Smith , The Oracle and the Curse: A Poetics of Justice from the Revolution to the Civil War (Cambridge, MA: Harvard University Press, 2013)

S. Adam Seagrave , The Foundations of Natural Morality: On the Compatibility of Natural Rights and the Natural Law (Chicago: University of Chicago Press, 2014)

Anver Emon , Islamic Natural Law Theories (New York: Oxford University Press, 2010)

T. M. Scanlon , Being Realistic about Reasons (Oxford: Oxford University Press, 2014)

Derek Parfit , On What Matters (Oxford: Oxford University Press, 2011)

John Finnis , “Prudence about Ends,” in Reason in Action: Collected Essays, vol. 1 (Oxford: Oxford University Press, 2011), 173–86

Michael L. Frazer , The Enlightenment of Sympathy: Justice and the Moral Sentiments in the Eighteenth Century and Today (Oxford: Oxford University Press, 2010)

Cathleen Kaveny , Prophecy without Contempt: Religious Discourse in the Public Square (Cambridge, MA: Harvard University Press, 2016)

Vincent W. Lloyd , Black Natural Law (Oxford: Oxford University Press, 2016)

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Journal of Law and Religion
  • ISSN: 0748-0814
  • EISSN: 2163-3088
  • URL: /core/journals/journal-of-law-and-religion
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