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By Vukan Kuic, Yves R. Simon
The culture of ordinary legislation is among the foundations of Western civilization. At its center is the conviction that there's an aim and common justice which transcends humanity's specific expressions of justice. It asserts that there are particular methods of behaving that are applicable to humanity just by advantage of the truth that we're all people. fresh political debates point out that it's not a convention that has long past unchallenged: in reality, the competition is as previous because the culture itself. via distinguishing among philosophy and beliefs, through recalling the historic adventures of ordinary legislations, and by way of reviewing the theoretical difficulties interested in the doctrine, Simon clarifies a lot of the confusion surrounding this perennial debate. He tackles the questions raised by means of the appliance of ordinary legislations with ability and honesty as he faces the problems of the topic. Simon warns opposed to undue optimism in a revival of curiosity in normal legislation and insists that the research of typical legislation beings with the research of the legislation of the land.He writes no longer as a polemicist yet as a thinker, and he writes of traditional legislation with an identical strength, conciseness, lucidity and straightforwardness that have exceptional all his different works.
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Extra resources for The tradition of natural law: a philosopher's reflections
We will turn, first, to the problems which Simon treats under the general headings of history and doctrine. Then, we will take up what is perhaps the most penetrating discussion in the volume: namely, Simon's analysis of the problems of consensus and ideology. As we will see, Simon believes that the greatest danger to the tradition of natural law is not its cultured critics, but rather the tendency of its allies to reduce natural law to an ideology in order to form a political or legal consensus about objective values.
Hallowell) vii Editor's Preface (Vukan Kuic) xi Introduction (Russell Hittinger) xiii Part One 1 The Problem 3 Doctrinal Connections Historical Contexts Dialectic and History 2 The History of Natural Law 16 Ideology and Philosophy Some Examples of Historical Adventures of Natural Law 3 Some Theoretical Questions 41 The Concept of Nature Necessity and Contingency Free Choice Reason Versus Will God Page vi Part Two 4 The Definition of Law 69 The Rational Nature of Law The Common Good 5 Natural Law 110 From Positive Law to Natural Law The Divisions of Natural Law On the Knowledge of Natural Law On Obligation Under Natural Law The Variations of Natural Law 6 The Future of Natural Law 159 Notes 167 Index 191 Page vii FOREWORD It is civilization which makes life with other men in society tolerable and which provides individuals with the opportunities to realize their potentialities as human beings.
Here is a difficulty which has always vexed logicians and philosophers: the problem of the universal. When we say "man," or ''dog," what do we mean? Do we designate a nature possessed of unity outside the mind, a Platonic archetype? Or do we use a word and a concept to which nothing corresponds in the real world except a collection of individuals? This is a problem whose examination began, at the very latest, with Socrates, and will go on so long as philosophic intelligence is at work. But, Page 7 clearly, if natural law means anything in a nominalistic philosophy, it must be something widely different from what it means in a philosophy of the Aristotelian type, according to which there exist universal natures although they do not enjoy, as in Plato, a state of positive unity outside the mind.