Reviews (1)

A Great Tome, But Not the Place to Start
George is an adroit, articulate, and erudite author, and this book is a well-crafted and intelligently-designed defense of modern natural law theory. Yet, these features still require the reader to be already familiar with ethics, meta-ethics, metaphysics, and natural law. This book is for graduate students and advanced undergraduates; it's not directed toward a general readership. For a simpler, more straight-forward account cf, Finnis, "Natural Law and Natural Rights," (OUP, 1982).Read more

Subjects:  1. Business & Economics    2. Business/Economics    3. Constitutional    4. Development - Economic Development    5. History & Theory - General    6. Law    7. Legal Reference / Law Profession    8. Natural Law    9. Constitutional & administrative law    10. Ethics & moral philosophy    11. Foundations of law    12. Law / Constitutional    13. Law | Jurisprudence and Legal Philosophy    14. Social & political philosophy    15. Theology   

Reviews (2)

Natural rights have an origin in medieval thought.
Natural rights historians and scholars have expressed numerous opinions regarding the origins of the western notion of natural rights. Tierneyargues that the development of natural rights form the basis of the wholewestern natural rights tradition, and that scholastic philosophers employedconcepts of natural rights in their reasoning as early as the thirteenthcentury. Citing the Franciscan poverty dispute, Tierney demonstrates thatit had a lasting impact on the development of western notions of rights. Finally, Tierney's account of the ways in which the concept of naturalrights--a medieval notion--made its way to the modern world is original andinsightful. Future scholarly work on the origins of the western naturalrights tradition must build on Tierney's findings.

Table of Contents
ACKNOWLDGEMENTS/CITATIONS/INTRODUCTION/Modern Problems and Historical Approaches/CHAPTER I/Villey, Ockham and the Origin of/Individual Rights/Classical Roman Law/Individual Rights and Roman Law/Aquinas and the Canoninsts:Ius and Lex/Ockham's "Revolution"/Objections to Villey/Alternative Approaches/CHAPTER II/Origins of Natural Rights Language:Texts and Contexts, 1150-1250/The Question of Origins/Sources of Modern Rights Language/Canonistic Rights Language-Contexts/Canonistic Rights Language-Texts/Need and Natural Right/Conclusion/CHAPTER III/Rights and Duties:A Quaestio of Henry of Ghent/A Prisoner's Dilema/Ownership of Self/CHAPTER IV/The Beginning of Dispute/From Francis to Ockham/Approaches to Ockham/CHAPTER V/Languages of Rights/Hervaeus Natalis.Ius and Potestas/Marsiliuis of Padua/William of Ockham, Ius Poli and Lex/Conclusion/CHAPTER VI/Property, Natural Right and the State ofNature/Problems of First Acquisition/Civilians, Canonists, and Theologians/Bonagratia of Bergamo and John XXII/Ockham on Property/CHAPTER VII/William of Ockham, Rights and Some Problems ofPolitical Thought/Origins of Jurisdiction/Varieties of Natural Law/Absolutism and Natural Rights/A Rights-Based Political Theory?/CHAPTER VIII/Postscript/CHAPTER IX/Gerson, Conciliarism, Corporatism, andIndividualism/Individual and Community/Tuck on Gerson/Rights and Reform/Ius and Dominium/Chapter X/Almain, Mair, Summenhart/Medieval Survivals/Mair, Rights and Needs/Summenhart, Varieties of Dominion/CHAPTER XI/Aristotle and the American Indians/Vitoria, Acquinas and Natural Rights/Vitoria, Rights and Indians/Las Casas, Indians and Rights/CHAPTER XII/Rights, Community, and Sovereign/Vitoria. Sovereignty and Divine Right/Saurez, Sovereignty and Natural Rights/CHAPTER XIII/Grotius.From Medieval to Modern/The Question of Modernity/Natural Law and Natural Rights/The Right to Property/Individuals, Society,and Sovereignty/CONCLUSION/BIBLIOGRAPHY/ ... Read more

Subjects:  1. General    2. Law    3. Natural Law    4. Religion - Church History    5. Christian moral & pastoral theology    6. Foundations of law    7. POLITICS & GOVERNMENT    8. Religion and Law   

Reviews (6)

Well-written natural law survey and terse critique
While Budziszewski offers a well-written CliffsNotes-styled survey of natural law thinkers, it is important to note that he avoids allowing his Christian worldview or Weltanschauung to interfere with the discussion - it is only in the concluding third of the text where Budziszewski relates natural law theory of the past and present to the Christian belief system. The text covers natural law thinkers Aristotle, Thomas Aquinas, and John Locke, as well as one of the great modern opponents of natural law, John Stuart Mill. Following these four units, the author offers a critique of these thinkers. This critique is very well done, and is a bit terse - only 9 pages long - but the following chapter on recent natural law thinkers is roughly twice the length and offers an excellent survey-within-a-survey that includes sections on Roman Catholic, Protestant, Jewish, and secular reconsidersations of natural law (Budziszewski argues that the philosophy of natural law is experiencing a renaissance, and he illuminates some of the current directions that these varied perspectives are taking). Of particular note, the author writes that "...the secular way of thinking is just as full of theological commitments as the other three - just as full of faith, but of a different sort...". Some readers may be interested in the fact that Written on the Heart includes an appendix on elementary reasoning.

Pressing after natural revelation
Although this book is written as sort of a college textbook/primer on natural law, it is a very readable summary of the main theories of natural law, as well as an evaluation of each. Budziszewski also provides a short, but well written apologetic of the Christian view of natural law at the end. That section, as well as the first section on Aristotle, I found to be the most interesting and useful.
NATURAL LAW: ARISTOTLE, ST. PAUL, AND AQUINAS v. THE MODERNS
As part of the modern revival of Natural Law thinking this book is very welcome. It is pitched at undergraduates but would also be useful in pre-university courses in philosophy, law, and politics, or for an advanced reading group. Questions for reflection/discussion set at the end of each chapter with references for further reading.Read more

Subjects:  1. History & Surveys - Modern    2. Law    3. Law and politics    4. Natural Law    5. Philosophy    6. Political aspects    7. Religion    8. Religion and law    9. Human rights   

Subjects:  1. General    2. Natural Law    3. Philosophy   

Subjects:  1. 1729-1797    2. Burke, Edmund,    3. Contributions in law    4. Law    5. Legal Reference / Law Profession    6. Natural Law    7. Philosophy / General    8. Political ideologies    9. Social & political philosophy    10. Sociology, Social Studies   

Subjects:  1. Ethics & Moral Philosophy    2. Ethics & Professional Responsibility    3. Interpretation and constructio    4. Interpretation and construction    5. Judicial process    6. Jurisprudence    7. Law    8. Law and ethics    9. Legal Reference / Law Profession    10. Methodology    11. Natural Law    12. Philosophy Of Law    13. Reference    14. Philosophy / General    15. The Arts   

Reviews (20)

BE AS A LION IN THE PATH - Highly Recommended for those strong enough to grasp its meaning - Might Is Right!
"Might Is Right" was originally published in 1896 by an author using the pseudonym `Ragnar Redbeard.The actual identity of the author is debated even today, with claims ranging from Arthur Desmond to Jack London.
Not for Sissys
Or Intellectual wimps that hide behind complex philosophical / Psychological rubbish in an attempt to explain and justify why they dont eat Red Meat, Meet the world head on and Go and get what they really want. Ex: If you are a guy and women arent attracted to you, then get with the program instead of whining about how they only like jerks. Hahahaha, the truth is, Being Nice in a Man is completely obnoxious and un-natural; it will never trigger attraction in a female. This is the kind of insight you can garner from this text. This is a Great wake up call for wimpus intellectuallis to start lifting weights, practicing Karate and seeing the world in a Masculine sense.

Become truly Elite
Ayn Rand's philosophy, Objectivism, deliberately points out that there exists a world external of yourself. This book explains the reality of this external world, composed of uncaring atoms swirling about: Might is Right.
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Subjects:  1. General    2. Law / Natural Law    3. Philosophy / Political    4. Political Science    5. Politics/International Relations    6. Iconoclasm    7. Law    8. Natural law    9. Paganism    10. Philosophy    11. Political   

Subjects:  1. Administrative Law & Regulatory Practice    2. Disaster relief    3. Emergency management    4. Environmental    5. Law    6. Law and legislation    7. Legal Reference / Law Profession    8. Natural Law    9. Natural disasters    10. United States   

Reviews (3)

Thoughtful, cogent analysis of the founding philosophy
Zuckert's book covers three different topics:the philosophical meaning of the Declaration of Independence's paragraphs regarding natural rights; Jefferson's personal views on natural rights; and the interplay between Locke's natural rights philosophy, the Whig political tradition, the Pilgrim/Puritan tradition and classical republican thought in the history and philosophy of America's founders.Zuckert argues cogently that natural rights philosophy was the strongest motivating force in the founders' view.Zuckert's book presumes some knowledge, but sets forth arguments thoroughly enough for the non-expert to understand.He also writes clear prose.All in all, an excellent book for anyone interested in the history or philosophy of the American founding.

undergrad opinion
this book was hard to understand.everyone thinks Mr. Zuckert is very good at being smart and at saying smart things.This is probably true, he seems very smart.But he should act less smart in his undergraduate government courses, it alienates his students.thank you

Seminal
This is a profound and important work.Zuckert analyzes in depth the history and development of republican ideology, revealing much that is new and refuting much that has been assumed in the past.He identifies threedistinct strains of republican thought, Protestant, Grotian, and Lockean. He conducts an in depth examination of John Milton and Hugo Grotius, withspecial emphasis on their similarities with Locke.In addition, he rebutsa good deal of the inane nonsense that has been passed off as ideologicalscholarship for the past three decades.In particular, he virtuallydestroys the theories of J.G.A. Pocock and his band of followes, includingGordon Wood.On a side note, he manages to rescue Bernard Bailyn from hiscategorization as a "Republican revisionist" by showing how muchhe really differs from Pocock et al.Following this, he painstakinglyexamines John Locke's thought.His findings are fresh and challenging. More importantly, he explains just how original he was and subsequentlyjust why he was so important.To top it all off, he takes a looka"Cato's Letters," showing how the authors managed to synthesizeLockean liberalism with republicanism, producing one of the most brilliantworks in the history of political philosophy.Despite its generalbrilliance, I do have some misgivings about certain aspects of the work. Although I certainly acknowledge the importance of Lockean ideas, I have tosay that Lockean ideas are not necessarilyfound in Locke alone.Oneindividual in particular, Algernon Sidney, expressed many Lockean ideasbefore Locke, and his works were widely influential throughout England andAmerica.Beyond this and a few other quibbles, this book is virtuallyflawless.If one is interested in the issues at hand, this work is anabsolute must. ... Read more

Subjects:  1. History & Theory - General    2. Natural Law    3. Political    4. Political Process - Leadership    5. Political Science    6. Politics / Current Events    7. Politics/International Relations    8. Systems Of Government    9. United States - Colonial Period    10. American history: c 1800 to c 1900    11. British Isles    12. Philosophy    13. Philosophy / Political    14. Political Philosophy    15. Political Science and International Relations    16. Political ideologies    17. Political science & theory    18. USA    19. c 1600 to c 1700   

Editorial Review

There is a school of legal scholarship that blends some of the most radical theories extant in legal circles today, christened "radical multiculturalism" by Daniel A. Farber and Suzanna Sherry, law professors at the University of Minnesota; in their book, Read more

Reviews (6)

Reasonable Doubt
While this book provided a valuable insight to the psychology and motives of the multiculturalist left, a good deal of its content was tied up in polemics. It gives a clear image of the effects and sources of the current attack on reality that has emerged from university philosophy departments and proceeds to infiltrate our legal system like a subtle swamp monster. For the reader who is not familiar with the origins of multiculturalism, it provides a sound history and family tree for the movement. Clear, carefully argued and sober.
With a clarity and unpretentious use of language, with thoughtful supply of definitions, and the presentation of a methodical and structured argument Farber and Sherry take on the obscurantism and pretentious polemics of post-modern "scholarship". While their arguments and marshalling of facts are impressive, their style and form is also exemplary of the best in Western enlightened tradition. Very strongly recommended.

HALF TRUTHS AND MISSING FACTS.....
While well written and easy to follow, Farber and Sherry's book fails to provide their audience with an accurate picture of Critical Race Theory (CRT or "radical multiculturalism," as coined by the authors). They begin by only citing short conclusory statements made by CRT scholars and the authors never explore the reasoning behind the CRT scholars' conclusions. After curiously leaving this information out of their book, the authors then attack CRT, claiming it is based on story telling, as opposed to legal reasoning. CRT is based on logical premises and reasoning, Farber and Sherry just fail to acknowledge it. Instead of critically engaging and challenging the authenticity of CRT- they merely dismiss it as anti-Semitic, irrational, and emotionally charged. The authors also neglect to explore other plausible explanations for the success of Asians or Jews, that is not anti-Semitic or anti-Asian in nature. Read more

Subjects:  1. Critical legal studies    2. Discrimination    3. Law    4. Law (General)    5. Legal Reference / Law Profession    6. Merit (Ethics)    7. Multiculturalism    8. Natural Law    9. Political Ideologies - Democracy    10. Political Science    11. Politics/International Relations    12. Research    13. Sociology - Social Theory    14. Jurisprudence & philosophy of law    15. Law / Jurisprudence    16. Law | Jurisprudence and Legal Philosophy    17. Laws of Other Jurisdictions & General Law    18. USA   

Reviews (1)

He might be right about something.
The ultimate justification for the topics covered in this book might be that it recognizes certain disagreements about how law ought to be applied, that certain questions might be raised with any authority that seeks to apply laws in a manner which, according to Lon Fuller, seems to violate "practical wisdom applied to problems that may broadly be called those of social architecture.St. Thomas Aquinas stands for many as a kind of symbol of all that is dogmatic and theological in the tradition of natural law.Yet as one writer has recently pointed out, Aquinas in some measure recognized and dealt with all eight of the principles of legality discussed in my second chapter."(pp. 241-2).If anything, trying to impose morality on an enterprise as quixotic as the law is more likely to meet with indifference today than ever, and already in Chapter IV of this book, Fuller admitted that scholars could mean him when discussing "Law and Morals" and complaining:"Again, if this is what the necessary connexion of law and morality means, we may accept it.It is unfortunately compatible with very great iniquity."(p. 154).Just thinking about very great iniquity reminds me of what most people think prosecutors are for, and in the interest of harmony in the marketplace, I will make no further comments on this book.If only the law could always be so lucky. ... Read more

Subjects:  1. Law and ethics    2. Legal Reference / Law Profession    3. Natural Law    4. Ethics & moral philosophy    5. Jurisprudence & philosophy of law    6. Law / Natural Law   

Reviews (1)

Looking ahead by looking back
After reading this book twice, I've come to the conclusion that Dr. Porter is on to something that the rest of us mere mortals can find useful in our understanding of natural law and the compelling argument she gives us to turn back to the Scholastics, especially Aquinas, to find our own way to think and live in accordance with virue in twenty-first century society.This is not an easy book for those not familiar with Dr. Porter's work.("The Recovery of Virtue" is a wonderful first introduction to this brilliant scholar and beautiful writer.)However, keep at it and you will partake in a thoughtful, cogent argument on the importance of Scholastic views on morality that would serve us well today. ... Read more

Subjects:  1. 1225?-1274    2. Aquinas, Saint,    3. Christianity - Christian Life - General    4. Ethics    5. Natural Law    6. Philosophy    7. Religion    8. Religion - Christian Living    9. Religion - Commentaries / Reference    10. Thomas,    11. Christian life & practice    12. Philosophy of religion   

Subjects:  1. Ethics    2. Ethics & Moral Philosophy    3. Ethics & Professional Responsibility    4. History & Theory - General    5. Natural Law    6. Philosophy    7. Political Ethics    8. Politics / Current Events    9. Politics/International Relations    10. Foundations of law    11. Jurisprudence & philosophy of law    12. Law / Ethics    13. Law | Jurisprudence and Legal Philosophy    14. Political science & theory   

Subjects:  1. Biography    2. Biography & Autobiography    3. Biography/Autobiography    4. History & Theory - General    5. International    6. International Relations (General)    7. International Relations - General    8. International law    9. International relations    10. Natural Law    11. Netherlands    12. Political    13. Political Science (General)    14. Political scientists    15. Politics / Current Events    16. Political science & theory   

Reviews (6)

Great book for someone just learning, too.
This was a great book for someone like myself who is not a law student or lawyer.It lays out the basic sense of the church teachings on the most important issues of the day.And that's what the Natural Law is all about: what makes sense.Highly recommended.

Must read for law students
This book systematically adresses the natural law and develops a framework for applying it based on the centrality of Christ and the Church Magesterium.A must read for law students interested in learning about what the law ought to be, and why our legal system based on positivism is inadequate.Great book!

Great intro to the Catholic View of the Natural Law
This book is a great introduction to how the Natural Law fits into Catholic philosophy. Read more

Subjects:  1. Christianity - Christian Life - General    2. Law    3. Legal Reference / Law Profession    4. Miscellanea    5. Natural Law    6. Popular works    7. Religion    8. Roman Catholic Doctrinal Theology (General)    9. Theocratic Legal Systems    10. Topics in philosophy   

Reviews (1)

Disappointing
This book will be of little use to lawyers.It gives a basic rehash of natural law's history and fundamental assertions, largely from an orthodox Catholic position that is not deeply explored or challenged.The last two chapters, which potentially deal with applications, are mostly useless to practicing lawyers.The result is an amateurish mishmash that looks to have been hastily thrown together; only those who are really ignorant about natural law will profit much from reading it.
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Subjects:  1. Christianity - Christian Life - General    2. Legal Reference / Law Profession    3. Motivational & Inspirational    4. Natural Law    5. Self-Help   

Reviews (1)

Interrogation of the Principles Behind Moralsand Legislation
Jeremy Bentham's ideology on human pursuit of pleasure contains many strengths and weaknesses.Bentham's essay, An Introduction to the Principles of Morals and Legislation, separates the two root drives of human essence into categories of pleasure and pain.Bentham stresses the duality of the human mind's pursuit of pleasure, continuing from subjugation of others for ultimate attainment.He states that humans should not be grouped, due to personal conviction and perspective.Although the individual is part of a community, the individual's own pursuance of pleasure categorizes them as a utility; resulting in the term `utilitarianism.'
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Subjects:  1. Civil law    2. Criminal law    3. Ethics    4. General    5. History & Surveys - 17th/18th Century    6. Natural Law    7. Philosophy    8. Political Philosophy    9. Politics / Current Events    10. Social Philosophy    11. Utilitarianism    12. Ethics & moral philosophy    13. Political science & theory   

Subjects:  1. General    2. Law    3. Natural Law    4. Philosophy    5. Philosophy Of Law    6. Political    7. Rationalism    8. Reason    9. Foundations of law    10. Philosophy / General    11. Social & political philosophy   

Subjects:  1. History & Surveys - 17th/18th Century    2. History & Surveys - General    3. Jurisprudence    4. Law    5. Law and ethics    6. Natural Law    7. Peace    8. Philosophy    9. Political    10. History of ideas, intellectual history    11. Philosophy / History, Criticism, Surveys   

Reviews (1)

Must Read
I rarely give a book 5 stars, but 'Natural Rights and the Right to Choose' deserves it.
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Subjects:  1. General    2. Natural Law    3. Political Science    4. Politics / Current Events    5. Politics/International Relations    6. Human rights    7. Political Science / General    8. USA