Natural Law Research Articles (Page 1)

Abstract During the early twentieth century, Ivy League legal scholars developed a positivist jurisprudential method known as legal realism. Concerned with the law’s relationship to social conditions, legal realism methodologically triumphed in the elite legal academy and brought to a close what one historian has described as the “decline of natural law” in American jurisprudence. Catholic legal scholars in the United States responded to this decline by invoking the natural law philosophy of Thomas Aquinas and his nineteenth-century neoscholastic disciples, arguing that legal realism irredeemably divorced law and morality. In so doing, these scholars effectively inaugurated what the author terms the neoscholastic legal revival , a decades-long period of debate between Catholic natural lawyers and their positivist contemporaries about natural law’s foundational relationship to the US legal tradition. To explain the history and significance of this debate, the author uncovers the origins the neoscholastic legal revival in particular features of nineteenth-century European Catholic intellectual culture that were transmitted to the United States through the Society of Jesus, the world’s largest Catholic religious order. The author especially examines the lives and legacies of two American Jesuits, William J. Kenealy and Francis E. Lucey, who helped to lead the neoscholastic legal revival and who illustrate how recovering the revival’s forgotten history can enrich scholars’ understanding of this important period in US legal history.

Abstract This paper highlights the fundamental importance of the family as a pre-political institution for moral education and a signaling mechanism for cooperation in Locke’s state of nature. Conjugal societies moderate children by teaching them to follow the law of nature. They also serve as signaling mechanisms that enable moderate individuals to trust others and collectively enforce the law of nature. The family, as a pre-political moderating institution, underpins the fragile peace in Locke’s state of nature. Contrary to common beliefs, I argue that the family makes Locke’s depiction of the state of nature more credible than Hobbes’s. This has significant implications: exegetically, it explains why individuals in Locke’s state of nature (imperfectly) follow the law of nature; normatively, it provides reasons to prefer Locke’s liberalism over Hobbes’s authoritarianism; and speculatively, it invites social contract theorists to seriously consider the extent to which liberal political institutions rely on informal institutions.

This paper offers a critical discussion of Katharina Kraus’s interpretation of Kant’s ideas of reason, as presented in her recent book. Kraus criticizes two opposing views, the ideas of reason as assumed noumenal entities or as mere heuristic fictions. While I share her dissatisfaction with these views, I suggest a more nuanced approach to them by emphasizing their normative grounds, especially in doctrinal non-evidential belief. As a solution to the problems of noumenalism and fictionalism, Kraus presents an elaborate perspectivalist reading of the ideas as serving a dual function: systematic structures for contexts of intelligibility and projected mind-independent normative standards for truth-evaluation. I raise questions about whether this account risks attributing a constitutive status to the ideas. I also suggest that the unique role of the idea of God is a regulative transformation of Kant’s pre-critical conception of God as the ground of the systematicity and necessity of the laws of nature. Building on Kraus’s insights, I propose an expressivist reading: the ideas of reason are meaningful not because they represent objects, hypothetical or fictional, but because they express the commitment to rational norms of inquiry. Because the ideas are expressions, they are grounded in reason’s norms of inquiry but are not constitutive of them.

This paper aims to present the relationship between God’s perfection (God as the most perfect being) and the obligation for human perfection in Mendelssohn’s essay Abhandlung über die Evidenz in metaphysischen Wissenschaften, particularly with regard to his reception of Christian Wolff’s philosophy. In the Abhandlung, Mendelssohn seeks to investigate how much certainty there can be in philosophy – therefore including both natural theology and practical philosophy. Against this background, if we are to consider the interconnection between divine and human perfection, we must regard (a) Mendelssohn’s ontological proof of God as the most perfect being, as well as a teleological proof concerning the perfection of the world (in the third chapter of the Abhandlung); and (b) his account of the obligation human beings have to pursue our own perfection and that of others (in the fourth chapter), which is ultimately connected to the notion of the reflection of God’s perfections. In this paper, we shall firstly present Mendelssohn’s account of God as the most perfect being, and that of the perfection of the world; secondly consider his account of the law of nature and the obligation to pursue perfection; so that thirdly we may examine both notions against the background of Christian Wolff’s philosophy (particularly his natural theology and practical philosophy), to show that although Mendelssohn was substantially influenced by Wolff in both regards, he also introduced new nuances not present in Wolff’s account

Abstract Correlations between input parameters play a crucial role in many scientific classification tasks, since these are often related to fundamental laws of nature. For example, in high energy physics, one common deep learning use-case is the classification of signal and background processes in particle collisions. In many such cases, the fundamental principles of the correlations between observables are often better understood than the actual distributions of the observables themselves. In this work, we present a new adversarial attack algorithm called Random Distribution Shuffle Attack (RDSA) , emphasizing the correlations between observables in the network rather than individual feature characteristics. Correct application of the proposed novel attack can result in a significant improvement in classification performance—particularly in the context of data augmentation—when using the generated adversaries within adversarial training. Given that correlations between input features are also crucial in many other disciplines, we demonstrate the RDSA effectiveness on six classification tasks, including two particle collision challenges (using CERN Open Data), hand-written digit recognition (MNIST784), human activity recognition (HAR), weather forecasting (Rain in Australia), and ICU patient mortality (MIMIC-IV), demonstrating a general use case beyond fundamental physics for this new type of adversarial attack algorithm.

We order and reorder a cohort of pairs of natural numbers (a, b); a ≤ b ≤ 16. The etalon collection C16 has 136 members. We keep track of the cycles (def oeis.org/A235647) while reordering from 72 into 71 different sorting orders (based on a, b, a+b, b-2a, b-a, 2b-3a, a-2b, 17-(a+b), 2a-3b). The patterns of the reorderings show draw a self-contained 'structural' geometry. The patterns being implications of a = a in different ways of reading it, the relations the patterns suggest existing, are to be found all over the laws of Nature. We present a truth table for discussing 'order': sentences that detail the properties of the symbols relative to their place among their peers. The present essay aims to be a rewrite of the Tractatus by Wittgenstein.

Racial discrimination has remained problematical notwithstanding innumerable national and international laws, and jurisprudence, creating for equality of all irrespective of any extraneous consideration. This study on the Lagos Doctrine and Racial Equality Law…” sought, among other objectives, to identify the purport of the Lagos doctrine and ascertain its relevance to racialism studies. It also strove to account for the emergence and growth of apartheid in South Africa and why it is held a crime against humanity. Also, suggestions were made on improving racial equality among states. As a qualitative study, based only on secondary materials, our data were content analyzed. Relying on the Ideal State Theory, it was found, among others, that man’s law of nature is equality but racism promoted inequality as demonstrated, among other instances, in the apartheid regime in South Africa. We recommended, inter alia, such factors as international agencies, relevant laws, education, the media, active judiciary and legislature with controlled executive, and democracy as capable of improving racial equality observance among states. We concluded that only that equality could knit race to race with equal sense of harmony, proportion and co-existence.

The article aims to reveal the contradictory role of ideology as a factor in the development and preservation of human communities. The intensification of communication and information exchange determines the individualization of people as the general direction of the human evolution. The ideological expression of individualization are the ideas of natural human rights, freedom, equality, as well as their negative synthesis in the absolute individualism of postmodern, which together with the revolution in manufacture and exchange of information, causes a crisis in the social structure of mankind. The only possible way to resist chaos and social annihilation is to conceptually reconsider the values of progress and reconstruct the archaic paradigm of natural law. In this context the authors consider the contradictions and prospects of the archetypal Russian idea of people’s service state.

This article explores the reactions of South African Archbishop Denis Hurley to the encyclical Humanae vitae (1968), with particular attention to the relationship between natural law and episcopal collegiality. Drawing on two letters addressed to Paul VI (1967 and 1969), Hurley criticizes both the absolute application of natural law and the pope’s solitary decision-making. He instead advocates for a greater role of conscience and collegiality as conditions for a more receivable magisterium, highlighting the interplay between the crisis of natural law’s persuasiveness and that of authority in the post-conciliar Church.

ABSTRACT If sustainability transition are to occur, then determining commonality of sustainability outcomes is necessary. However, determining commonality is challenging due to sustainability's multi‐dimensional nature. This paper determines whether there is commonality of global sustainability outcomes between four environment‐human perspectives (i.e., vulnerability, Brundtland, Sustainable Development Goals (SDGs), and the Doughnut model) and what is its nature and degree, based upon the Sustainability Dynamics Framework (SDF). The results indicate three fundamental global commonalities occurring, which reflects the significantly detrimental influences and impacts of the anthropocentric Brundtland and SDGs perspectives. Based upon the findings from this paper and previous SDF studies, the case for re‐framing the SDGs from a Brundtland to Doughnut‐based framework is outlined. The paper concludes by stating that sustainability needs to be seen as a fundamental law of nature rather than a goal, if humanity is to avoid a dire fate for itself and the planet.

MacIntyrean business ethics research has focused on the concept of a practice, drawn primarily from After Virtue. MacIntyre later emphasized the need to adopt an account of human nature to provide a better grounding for his earlier social teleology. We consider three implications of incorporating the neo-Aristotelian and Thomistic account of human nature outlined in MacIntyre’s later works for MacIntyrean business ethics research: First, this account enables the MacIntyrean perspective to better ground its focus on practices as a key moral requirement for the organization of work. Second, it provides a better basis for distinguishing productive practices in good order from other business activities lacking the characteristics of a practice. Third, a theory incorporating an account of human nature, particularly MacIntyre’s notion of natural law, is better able to address broader questions in business ethics that are not directly concerned with the structure of work.

The article is devoted to determining the reasons for the differentiation of the conceptual and categorical apparatus of the branches of law, one of the manifestations of which is the differentiated content of the conceptual and categorical units “use” and “protection” of water resources in the context of different branches, and also to establishing a possible solution to this problem. The author outlines the main stages of formation of the conceptual and categorical apparatus of law, including in terms of differentiation of branches, which outline the specifics of formation of branch terminology systems in which a certain lexical unit may be used to denote similar, but not the same phenomena and processes as those for which it is used in the terminology systems of other branches of law. The author establishes that the first stage is the formation of the basic legal terminology, which is covered by the temporal period from the beginning of the development of the first social norms and ends with the stage of differentiation of branches of law. The second stage begins with the differentiation of branches of law and continues to the present day. It is characterized by the process of filling the universal legal terminology formed at the first stage with a new meaning within each branch of law, as well as the formation of branch-specific terminology systems. The third stage characterizes the current level and vector of development of legal terminology systems. It is concluded that differentiation of terminology in different branches of law, whereby some terms denote completely different in nature or, although similar, but different in essence legal phenomena and processes, impedes the effective formation of comprehensive mechanisms for legal regulation of the relevant relations. In addition, this state of affairs may reduce the effectiveness of law enforcement practice, hindering the formation of unified methods for resolving specific practical cases. It is determined that an important area for the development of natural resource law, as well as other branches of law, should be the development of terminology, in particular, in terms of its unification and universalization in order to avoid misinterpretations, to increase the efficiency of law enforcement practice and legal regulation of the relevant relations.

As artificial intelligence (AI) transforms the global landscape of labor and power, this paper reexamines Rerum Novarum (1891)— Pope Leo XIII’s foundational social encyclial—as a normative framework for addressing ethical dilemmas in the digital age. The study argues that the encyclical's principles—human dignity, just labor, solidarity, and the common good remain urgently relevant as AI-driven automation disrupts traditional employment structures. Drawing on Catholic Social Teaching (CST), magisterial texts, and AI ethics literature, this paper explores how theological moral reasoning can inform the development of ethical, human-centered digital systems and policies. Using a qualitative doctrinal method, the study synthesizes Thomistic natural law, CST principles, and contemporary philosophical reflections to propose a moral vision for justice and human dignity amid technological change. The findings suggest that Rerum Novarum provides an enduring ethical foundation for fostering a just, human-centered AI future.

Rousseau’s naturalistic educational thought takes cultivating natural persons as its educational goal, adheres to educational principles such as the law of nature, the principle of utility, and the law of freedom, and selects different educational contents and methods based on the laws of physical and mental development and phased characteristics of children at different age stages. This thought not only provides guidance for cultivating natural persons but also offers profound enlightenment for the practice of modern ideological and political education. When analyzing Rousseau's natural education thought, rational reference and critical inheritance will help promote the further development of the theory of ideological and political education in China.

The principle of complementarity is a very vital principle in international law. The principle of complementarity promotes respect for national sovereignty, encourages domestic accountability, prevents impunity, ensures efficient allocation of resources, and strengthens international-domestic cooperation. This article examines or makes an appraisal on the application of the principle of complementarity in the functioning of the African Human Rights Commission and the African Human Rights Court system. The study uses a qualitative research methodology, employing primary data sources from vital conventions like the Rome Statute, African Charter on Human and Peoples’ Rights, and a host of others. Secondary data came from textbooks, journal articles, reports, and newspapers. The study is underpinned or anchored by the natural law theory and the functional theory. The findings in the study reveals blatantly like that the principle of complementarity is crucial to the African human rights system, fostering a cooperative and mutually reinforcing relationship between the Commission and the Court but however, its effectiveness in practice has been characterized by variability, with both successful instances and significant challenges. And as result of this, there is need to enhance cooperation between the commission and the court, increase awareness and visibility, develop clear guidelines and to improve access to the court.

This research arises from a lack of in-depth research on the role of qirā'āt variations in enriching the scientific interpretation (tafsīr 'ilmī) of the Qur'an, particularly in cosmological verses. One example is the statement of Allah Wa āyatun lahumu al-laylu naslakhu minhu an-nahār (Yā-sīn: 37), which has three main qirā'āt: naslakhu (qirā'ah al-jumhūr), yuslakhu (qirā'ah Ibn 'Āmir), and taslakhu (qirā'ah Abī Ja'far). This study aims to reveal the semantic and bayānī meanings of these variations of reading and relate them to modern scientific phenomena regarding the day-night cycle. The research method used is qualitative, based on library research, with textual-comparative analysis of classical qirā'āt texts, traditional tafsīr works, and contemporary scientific interpretive literature. The findings show that the variety of readings provides complementary layers of meaning: naslakhu emphasizes the direct role of Allah as the regulator of cosmic phenomena; Yuslakhu highlights the firmness and orderliness of natural law; While Taslakhu offers dynamic visual illustrations that depict the night actively covering the day. The contribution of this research shows that the science of qirā'āt not only preserves textual authenticity but also expands the horizons of scientific interpretation by presenting an integrated theological, linguistic, and scientific perspective.

Killing animals is a ubiquitous human activity consistent with our predatory and competitive ecological roles within the global food web. However, this reality does not automatically justify the moral permissibility of the various ways and reasons why humans kill animals – additional ethical arguments are required. Multiple ethical theories or frameworks provide guidance on this subject, and here we explore the permissibility of intentional animal killing within (1) consequentialism, (2) natural law or deontology, (3) religious ethics or divine command theory, (4) virtue ethics, (5) care ethics, (6) contractarianism or social contract theory, (7) ethical particularism, and (8) environmental ethics. These frameworks are most often used to argue that intentional animal killing is morally impermissible, bad, incorrect, or wrong, yet here we show that these same ethical frameworks can be used to argue that many forms of intentional animal killing are morally permissible, good, correct, or right. Each of these ethical frameworks support constrained positions where intentional animal killing is morally permissible in a variety of common contexts, and we further address and dispel typical ethical objections to this view. Given the demonstrably widespread and consistent ways that intentional animal killing can be ethically supported across multiple frameworks, we show that it is incorrect to label such killing as categorically unethical. We encourage deeper consideration of the many ethical arguments that support intentional animal killing and the contexts in which they apply.

Modern neural network methods combine work with an axiomatic mathematical description (laws, equations, invariants, logical rules) and the power of neural networks for learning from data, pattern recognition and differentiation through complex spaces. This combination produces systems that can learn from data, observe given laws and, as a result, make predictions, solve problems and even discover new hypotheses. Quality depends on the formulation of axioms and the presence of correct formulations, the complexity of scaling to very large axiomatic bases, trade-offs between the accuracy of fitting to data and compliance with laws, interpretation and verification of results. Modern neural network methods with an axiomatic mathematical description have better generalization and physical interpretability due to compliance with axioms, the ability to work with small data due to built-in laws and the ability to discover new dependencies within the framework of formalized rules. Theoretical principles and formal axioms set requirements for neural networks and their training so that solutions to scientific problems correspond to the laws of nature, invariances, data characteristics and other desired properties. Power: an axiomatic neural network tends to be accurately modeled given its sufficient complexity and large scientific data and knowledge. The author proposes a neural network axiomatic AGI method for solving scientific problems according to their formulations and developed systems of axioms.

Modern neural network methods combine work with an axiomatic mathematical description (laws, equations, invariants, logical rules) and the power of neural networks for learning from data, pattern recognition and differentiation through complex spaces. This combination produces systems that can learn from data, observe given laws and, as a result, make predictions, solve problems and even discover new hypotheses. Quality depends on the formulation of axioms and the presence of correct formulations, the complexity of scaling to very large axiomatic bases, trade-offs between the accuracy of fitting to data and compliance with laws, interpretation and verification of results. Modern neural network methods with an axiomatic mathematical description have better generalization and physical interpretability due to compliance with axioms, the ability to work with small data due to built-in laws and the ability to discover new dependencies within the framework of formalized rules. Theoretical principles and formal axioms set requirements for neural networks and their training so that solutions to scientific problems correspond to the laws of nature, invariances, data characteristics and other desired properties. Power: an axiomatic neural network tends to be accurately modeled given its sufficient complexity and large scientific data and knowledge. The author proposes a neural network axiomatic solver coaching AGI method for solving scientific and practical problems according to their formulations and developed systems of axioms.

This article, divided into two parts, aims to delve deep into Thomas Aquinas's theory of property. As a starting point, it presents a problem for which there is no satisfactory solution in Thomistic scholarship: Aquinas considers both the community of goods and private property as natural rights. How can two antagonistic regimes of property coexist harmoniously within the same moral, legal, and even theological system? I intend to demonstrate that the common solution proposed by many scholars—claiming that the institution of private property is permitted by human positive law, despite the community of goods being a natural right—is incomplete. Aquinas addresses this issue by harmonizing the doctrines of the Church Fathers and Aristotle, which ultimately enabled the reception of the institution of private property within Christian social thought. Four hypotheses regarding the framework of the institution of private property within Thomas Aquinas's theory of natural law will be investigated: whether it is a natural human inclination; whether it is merely a conventional right; whether it belongs to the ius gentium ; and whether it is an addition to the natural law made by the advent of human reason after original sin.