Full Description
Title first published in 2003. This volume features important essays by leading contemporary natural law theorists and their critics. Readers will gain a clear sense of the state of the debate on such issues as the moral basis of legal obligation, the relationship between law and morality, and the role of moral enquiry and judgment in the interpretation of legal texts. In his introduction, the author provides a useful commentary on each essay.
Contents
Contentslaw theory, Jeffrey Goldsworthy; A defence of the new natural law theory, Robert P. George; Reasons for action: evaluative cognitions that underlie motivations, Joseph Boyle. Natural Law, Liberalism and Morality: Natural law and the ethics of discourse, John Finnis; The idea of public reason revisited, John Rawls; Public reason, abortion and cloning, John Finnis; Liberalism and the law, Hadley Arkes; Making children moral: pornography, parents and the public interest, Robert P. George. Natural Law and Legal; Positivism: Legal positivism and natural law reconsidered, David O. Brink; The truth in legal positivism, John Finnis; Natural rights, natural law and American constitutions, Philip A. Hamburger; Natural law , the constitution and the theory and practice of judicial review, Robert P. George; Fidelity to natural law and natural rights in constitutional interpretation, James E. Fleming; The natural law due process philosophy, Robert P. George; on the incoherence of legal positivism, John Finnis; Lex satis iusta, Jeremy Waldron; Name index.
