"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."--Provided by publisher.
First published 2013 by Ashgate Publishing.
Bibliography, etc. Note
Includes bibliographical references (pages xix-xxx) and name index.
Formatted Contents Note
chapter Encyclopedia Britannica, pp. 126-54 chapter 2 Robert P. George (1999), 'Recent Criticism ofNatural Law Theory', In Defense of Natural Law, Oxford: Oxford University Press, pp. 31-82 chapter 3 Anthony J. Lisska (2008), 'The Metaphysical Presuppositions of Natural Law in Thomas Aquinas: A New Look at Some Old Questions', in Fulvio Di Blasi, Joshua P. Hochschild and Jeffrey Langan (eds), Virtue's End: God in Moral Philosophy of Aristotle and Aquinas, South Bend, IN: St Augustine's Press, pp. 67-83 chapter 4 Mortimer J. Adler (1942), 'A Question about Law', in Robert E. Brennan (ed.), Essays in Thomism, New York: Sheed &Ward, pp. 207-36,388 410 chapter 5 Alan Donagan (1969), 'The Scholastic Theory of Moral Law in the Modem World', in Anthony Kenney (ed.), Aquinas: A Collection a/Critical Essays, London: Macmillan, pp. 325-39 chapter 45, pp. 519-31 part PART IV NATURAL LAW AND NATURAL RIGHTS chapter 7 Michael P. Zuckert (1996-1997), 'Do Natural Rights Derive from Natural Law?', Harvard Journal of Law and Public Policy, 20, pp. 695-731 chapter 8 Joseph Boy le (2001), 'Fairness in Holdings: A Natural Law Account of Property and Welfare Rights', Social Philosophy and Policy, pp. 206-26 chapter 9 James Bernard Murphy (2005), 'Law's Positivity in the Natural Law Jurisprudence of Thomas Aquinas', The Philosophy of Positive Law: Foundations of Jurisprudence, New Haven and London: Yale University Press, pp. 48-116 chapter 10 Daniel Westberg (1994), 'The Relation between Positive and Natural Law in Aquinas', Journal of Law and Religion, 11, pp. 1-22 chapter 11 Gilbert Bailey ( 1941 ), 'The Promulgation of Law', American Political Science Review, 35, pp. 1059-84 chapter 12 John Finnis (1984 1985), 'The Authority of Law in the Predicament of Contemporary Social Theory', Journal of Law, Ethics and Public Policy, 1, pp. 115-3 7 chapter 13 John Finnis (1993-1994), 'Liberalism and Natural Law Theory', Mercer Law Review, 4 5, pp. 687-704 chapter 14 Nicholas Aroney (2007), 'Subsidiarity, Federalism, and the Best Constitution: Thomas Aquinas on City, Province and Empire, Law and Philosophy, 2 6, pp. 161-228 chapter 15 Patrick Halligan (1989), 'The Environmental Policy of Saint Thomas Aquinas', Environmental Law, 19, pp. 767-806 chapter 16 M. Cathleen Kaveny (1991), 'Toward a Thomistic Perspective on Abortion and the Law in Contemporary America', The Thomist, 55, pp. 343-96 chapter 17 Stephen R. Latham (1996-1997), 'Aquinas and Morphine: Notes on Double Effect at the End of Life', DePaul Journal of Health Care Law, 1, pp. 625 44.