Natural Law Research Articles

Just Law Theories Developed by Prominent Representatives of Russian Doctrinal Legal Research in the 19th Century

This article theoretically examines some contradictions and major milestones in the development of the doctrines of just laws as laid out by prominent Russian scholars during the 19th century. It analyzes the problems surrounding different theoretical approaches and conceptions regarding the connection between justice and law through the works of M.M. Speransky, N.M. Karamzin, P.I. Pestel, N.M. Muravyov, K.A. Nevolin, B.N. Chicherin, V.S. Solovyov, and S.A. Muromtsev. The results obtained show that the period under study was marked by the elaboration of a conceptual framework and basic criteria of positive law from the perspectives of liberal (natural law) and ethical beliefs, which align with spiritual (Christian) principles. This strengthened the humanistic and moral foundations of Russian legal understanding. Additionally, a continuing and stable connection is revealed between the philosophical and legal doctrines of the 18th and 19th centuries, indicating the common (abstract, not fully comprehended) motivational grounds and logic in the establishment of legal freedoms.

The carnal dimension of love of Catholic spouses

According to the Encyclical Humanae vitae of Pope Paul VI, conjugal love should be human (sensual and spiritual), full, faithful and exclusive, and fruitful. Human sexuality has a purpose and meaning. In addition to the procreative meaning, it also contains a bonding element, openness to the needs of the other, love, care, interest. However, to be complete, it requires communication, also in terms of intimate needs. Their proper satisfaction, with the appropriate level of maturity and religious activity, is the basis for marital fidelity. A proper understanding of the essence of sexuality allows the development of openness to life and the selection of appropriate methods of family planning, consistent with moral standards. For Christians, religious principles are the basis for understanding human nature, also in the sexual dimension, at the same time being the basis for formulating and understanding adequate norms derived from natural law. Respecting the principles of Catholic moral ethics puts marriage and family life in order. The aim of the considerations is to present human sexuality as an expression of conjugal love, which should be human, full, faithful, exclusive and fertile. In order to consider the normative significance of religion in the sex life of Catholic couples, a critical analysis of various sources was conducted. This included examining Church documents, books, and articles in scientific journals. The method applied in this paper involved a critical analysis of selected texts and a synthesis of their content. The basis for the considerations will be the Encyclical Humanae vitae of Pope Paul VI supplemented with modern knowledge in the field of biology, psychology, sexology and theology of marriage and family.

The Principles of the Law of Self Defence in Pakistan: A Critical Evaluation

Self defence is one of the oldest laws of nature which is based on the instinct of survival. A person has a natural right to protect himself from any aggression that may seriously injure or kill him to the extent of doing the same to the assailant. Under Anglo-American jurisprudence, self defence applies to both civil and criminal law, while in Pakistan it solely applies to criminal law. The primary principles of self defence postulate that self defence is a guaranteed right of a person. He may exercise it provided there is a reasonable foreboding of danger to not just his own and another person’s body and property. However, there are limitations that imposed on this right under law. However, these are still highly circumstantial in nature. The law has specified certain circumstances in which self defence may be exercised to the extent of killing the assailant. Should those circumstances not occur, then the assailant may be seriously harmed only. Lastly, on a surface level examination, there seems to be certain similarities and differences of self defence between the Islamic law and Pakistani law respectively.

Laws of nature according to some philosophers of science and according to chemists

Laws of nature according to some philosophers of science and according to chemists

Ancient Greek laws of nature

The prevailing narrative in the history of science maintains that the ancient Greeks did not have a concept of a ‘law of nature’. This paper overturns that narrative and shows that some ancient Greek philosophers did have an idea of laws of nature and, moreover, they referred to them as ‘laws of nature’. This paper analyzes specific examples of laws of nature in texts by Plato, Aristotle, Philo of Alexandria, Nicomachus of Gerasa, and Galen. These examples emerged out of the closely intertwined Platonic and Pythagorean traditions, and these philosophers' texts make reference to laws of nature when describing arithmetical methods, arithmological doctrines, or medical theories. Nicomachus' laws of nature are especially noteworthy, because they have features that historians look for in the search for the origin of the modern concept of laws of nature. Nicomachus' laws of nature are mathematical, universal, and necessary. This paper raises the possibility that the ancient Platonic and Pythagorean traditions influenced the subsequent development of the idea of laws of nature in medieval and early modern Europe, including the conception of laws of nature deployed by Johannes Kepler and Isaac Newton.

Bioconversion of agriculture by-products with functionally enhanced Streptomyces sp. SCUT-3: Fish skin as a model

With the global population continuously rising, efficient bioconversion of inedible agricultural by-products is crucial for human food and energy sustainability. We here propose solid-state fermentation approaches to efficiently convert biopolymers into oligomers/monomers by accelerating the natural degradation process of the versatile Streptomyces sp. strain SCUT-3. Using fish skin as a representative by-product, 54.3 g amino acids and 14.7 g peptides (91 % < 2500 Da) were recovered from 89.0 g protein in 100 g tilapia skin sample by collagenase-overexpressed SCUT-3 for seven days at a 1:4 substrate:liquid ratio. Fish skin collagen hydrolysates exhibited excellent anti-oxidation, anti-hypertension, scratch-repairing, anti-aging, anti-ultraviolet radiation, and anti-inflammation effects on human skin fibroblasts In vitro and zebrafish larvae in vivo, indicating their potential applications in healthcare/skincare and anti-atopic dermatitis. As Laozi said, the divine law follows nature. This study underscores the efficacy of genetically engineered SCUT-3 according to its natural biomass utilization laws in large-scale biopolymer conversion.

Controlling factors of Riedel shear spacing in the simple shear mode of strike-slip fault: Insights from sandbox models

Strike-slip faults generally develop Riedel shears (R-shears), which exhibit parallel and evenly-spaced distribution characteristics. However, the factors controlling the R-shear spacing in strike-slip faults are still unclear. The influence of material properties such as internal friction angle and cohesion, basal friction, and the thickness of brittle layers (T) on the R-shear spacing (S) are investigated using analogue models in this paper. Research findings indicate that the internal friction angle of the material and the thickness of the brittle layer have a significant impact on the R-shear spacing, with the thickness of the brittle layer directly determining the R-shear spacing as evidenced by their linear correlation. In comparison, cohesion and basal friction have insignificant effects on R-shear spacing. Based on this, experiments were carried out using various thicknesses of brittle layers (specified materials) to investigate the impact of the brittle layer thickness on the R-shear spacing, and Particle Image Velocimetry (PIV) is used to analyze the distribution pattern of R-shear development at each stage. The results indicate that fractures occur in regions where the vorticity field alternates between positive and negative values, and as the evolution progresses, the maximum strain gradually converges towards the center of the deformation zone, leading to a reduction in the activity of the R-shear, while the spacing of the R-shear remains unaltered. The normalized (S/T) results indicate that the experimental value of 1.32 aligns with natural laws and is very close to the normalized value of the natural faults, which is 1.24. It can be inferred that the thickness of the seismogenic crust within the range of the Altyn Tagh Fault is 40.9–43.5 km.

Neither Cursed nor Punished: Natural Law in Genesis 2–3 and J

Gendered criticism of Eve and general criticism of Eve and Adam are rooted in the idea of their moral failing when they disobey Yahweh. Two lenses bring a more ancient understanding of the text into focus. The first lens is reading the story in the context of the J source of the Pentateuch. The second lens is that of natural law as understood by Greco-Roman philosophers. These lenses provide new clarity, showing how Eve and Adam’s decision to eat from the tree of knowledge violates a non-moral norm: they transgress the boundary between humanity and divinity. It is this ontological transgression to which Yahweh responds. Mortality, many labors, and many pregnancies reflect the natural consequences of this ontological violation, not an arbitrary punishment for a moral failing. This alternative understanding of Genesis 2–3 allows us to understand that Eve and Adam are neither cursed nor punished.

Unfulfilled water impact forecasts, plans and projects

The article presents a retrospective review of some forecasts, plans and projects of anthropogenic impact on water resources that did not materialize, were not implemented by the planned date or were incomplete. Values of full (water intake) and irrevocable water consumption for 2000, predicted in the 1960s and 1970s by well-known domestic and foreign researchers, are compared with the actual water consumption in 2000 in the world, the USA, and our country. It is shown that most of water consumption forecast parameters turned out to be significantly higher than the actual one, which gives reason to consider these forecasts were not borne out. In the Water Strategy of the Russian Federation, developed in 2009 for the period up to 2020, these values were also significantly overestimated (by tens of percent). Incomplete implementation of various programs did not lead to the expected significant improvement in the water quality of rivers, including the Volga, and reservoirs in Russia. Such failed projects as NAWAPA in the USA and Canada, projects of interzonal redistribution of water resources in the USSR, projects of Nizhneobskaya and Turukhanskaya (Evenkijskaya) hydroelectric power plants, partially implemented projects of Cheboksary and Nizhnekamsk hydroelectric power plants, as well as a number of others are considered. Among the main reasons for unsuccessful forecasts, unfulfilled plans and projects are the lack of reliable data, incomplete knowledge about laws of nature and society development, financial problems, environmental demands, and the dramatically changed economic and political situation.

A rational exploration of personalist bioethics: understanding its foundations

The aim of this article is to elucidate the rational foundations upon which personalist bioethics is built, thereby enhancing understanding regarding its place within the broader discourse of secular bioethics. Personalist bioethics, as a dynamic pursuit, actively engages with scientific discoveries, periodically revisiting them and considering contemporary individuals' diverse perceptions of identity and values. It integrates two foundational trunks: personalism and Aristotelian-Thomistic theology with metaphysical reference. The method employed by personalist bioethics is illustrated through triangulation: the exposition of biomedical reality, an in-depth study of anthropological significance, and the identification of values at stake. Rooted in a substantialist concept of the human person, it follows a systematic interaction of various knowledge spheres, aiming not only to describe problematic relations but also to propose prescriptive solutions. Personalism maintains that the human person is valuable for who he is and not only for the choices he makes; he is a source from which the choices proceed. According to personalist ethics, the ethical value of an act will have to be considered under the subjective aspect of intentionality, but it will also have to be considered in terms of its objective content and its consequences. The natural moral law that urges every conscience to do good and avoid evil, therefore, becomes concrete in respect for the human person in all the fullness of his values, his essence, and ontological dignity.

Natural Law, Common Law, and the Problem of Historicism in American Public Life and Education

Natural Law, Common Law, and the Problem of Historicism in American Public Life and Education

Religion and Theology Facing the Challenges of Transhumanism

Transhumanism has been interpreted in various ways. On one hand, it is considered a futuristic scientific expression with eschatological aspirations, suggesting that technoscience could overcome humanity's biological limitations. On the other hand, it is seen as a materialistic movement seeking to enhance human capabilities through technological advancements. Additionally, it has faced significant criticism for allegedly overlooking the ethical and social implications for humanity. This paper aims to analyze religion and theology in light of the challenges posed by transhumanism. The methodology employed is framed within the qualitative tradition, using the hermeneutic method and design to interpret texts in their context. The conclusion emphasizes the urgent need to reflect on the potential scenarios humanity faces in a transhuman society that challenges natural and divine laws. Interdisciplinary work is crucial to guide advances in technoscience, recognizing the contributions that religion and theology can offer to contemporary society.

‘Contra ius gentium’: The Mendoza-Drake Dispute and English Legal Arguments for Empire, 1580–1585

ABSTRACT To what extent did Francis Drake’s circumnavigation of the globe influence empire formation in the late sixteenth century? In analyzing diplomatic letters of correspondence from the State Papers, this investigation reveals that Drake’s piratical activities, claims of English sovereignty, and the ensuing diplomatic controversy with the Spanish ambassador, Bernardino de Mendoza, forced the English Crown to use legal arguments rooted in the ius gentium (law of nations) and natural law to justify expansion into the Atlantic and Pacific oceans. During the dispute, both Mendoza and the English Crown variously invoked natural law and the law of nations to argue for justice and friendship. In testing these legal arguments, the Crown demonstrated that it had the capacity to counter Spanish claims for empire, which subsequently influenced imperial propagandists like Richard Hakluyt to promote English expansionism in natural law and ius gentium terms. In turn, the English Crown’s newfound confidence from the dispute manifested in its turn to reason of state and self-preservationist thinking in its international relations in the early 1580s, shortly before the outbreak of the Anglo-Spanish War (1585–1604). The dispute thus facilitated an ideology for empire rooted in natural law and the law of nations in the sixteenth century.

Hume, Laws of Nature, and Miracles

ABSTRACT This article explores the connection between Hume’s view of “laws of nature” and his view of miracles by addressing three foci. First, it presents arguments that Hume construed “laws of nature” as merely beliefs in perfect or imperfect causal uniformity. So construed, laws of nature can be violated, so miracles are possible. Second, it shows that Hume’s criteria for evaluating human testimony are found in the popular textbooks of logic of the time. Hume explicitly used these criteria to criticize nonbiblical reports of miracles. Finally, the article shows that Hume took John Tillotson’s examination of transubstantiation to reduce scripture to apostolic testimony and to collapse the distinction between divine and human testimony. This implies that educated Christians entertain inconsistent beliefs.

Fluid dynamics and venous hemodynamics in the lower extremities.

Chronic venous disease is a vascular disorder characterized by impaired venous return and a progressive dysfunction of the venous system. Pathological reflux can occur due to abnormal dilation and weakening of the vein wall. The circulatory system is a natural structure in which physical laws, such as the law of closed containers and gravity, operate. The malfunctions in the system also adhere to these laws of nature. This article explains how the principles of fluid dynamics apply to the flow of blood in the veins of the legs. I am discussing the principles of Pascal's law, Torricelli's law, Bernoulli's law, and Poiseuille's law, and how they are relating to the anatomy and physiology of the venous system.

Evidence-based social science: why, what, and future implications

Mankind has always relied on “practical wisdom” in the sense of Aristotle to change people and society. However, practical wisdom is difficult to accumulate and pass on from generation to generation. Therefore, although “natural engineering” that is consistent with “natural technology” can be used effectively to transform the natural world, using “practical wisdom” to change people and society remains difficult. Solving this dilemma requires an effective means to separate “social science”, “social technology”, and “social engineering” to accumulate and inherit “knowledge of changing people and society” similar to other types of scientific knowledge. Today, the prevailing evidence-based social science is the opposition and unity of laws of nature and free will, truth-seeking and goodness-pursuing, individual wisdom and collective wisdom, autonomy and supervision, the universal and the special in practice. The emergence of this concept allows for the possibility to enhance the effectiveness of social science practice.

The Authoritarian Nature of Common Good Constitutionalism

Abstract How are we to evaluate the project of common good constitutionalism? This new movement, which dismisses positivism and liberalism, progressivism and originalism, aims to overturn the entire canon of modern political and constitutional theory. In its place, it aims to restore a classical tradition of natural law jurisprudence, which is said to have been lost over the last century of constitutional law and practice. In so doing it uses one of liberalism’s own juristic heroes, Ronald Dworkin, in order to free conservatism from the tethers of fidelity to constitutional text and the principle of popular sovereignty underwriting it. Common good constitutionalism’s intervention in the constitutional culture wars of the present is authoritarian not because of its opposition to liberalism, but because of its steadfast refusal of any link between constitutional authority and democracy.

A/the Common Good

Abstract The emerging school of “common good constitutionalism” takes a classical natural law approach of identifying the central case of law and constitutionalism, recognizing that a state may make positive law in part based on circumstance, convenience, or a need for social coordination. While law under the classical approach is rooted in realizing the common good of the complete community, this ideal does not dictate all of law’s specifics. Nevertheless, there is a difficulty within the emerging school of common good constitutionalism in the way it seeks to respect the diversity of constitutional orders while retaining a single reference point of the common good. Adrian Vermeule and others appeal to positive law as the determinatio through which public authorities make concrete the state’s pursuit of the common good. But there is often a gulf between common good principles and the determinatio of law. The move from principles to the legitimacy or justness of positive law lies, for Vermeule, in joining-up the central case method of natural law with a singular notion of the common good. The article criticizes this reliance, arguing that the central case method cannot be used to determine law in the sense of the determinatio of positive law. In his articulation of central case methodology, John Finnis is, by contrast, careful to leave space for varieties of coordination and forms of justice, such that the central case method plays a limited role in establishing what counts as common goods. Rather, the central case method identifies what law is. The same delicacy is present in Aquinas, who does not in fact define law as an ordinance of reason for the common good in the way that common good constitutionalists so far would like it to mean, because there are no articles in Latin grammar. In this regard, common good constitutionalism’s mistake is unfortunately in keeping with the majority of jurisprudence, which commits the logical fallacy that an internally consistent account of law is externally authoritative—in other words, that harmony in the way in which laws and legal principles relate to themselves can act as a basis to the body politic’s prioritization of some goods over others.

Perfectionism as a requirement of justice: natural law, political authority, and the common good

Perfectionism as a requirement of justice: natural law, political authority, and the common good

Transhumanism within the Natural Law: Transforming Creation with Nature as Guide

Transhumanism is an unsettling prospect for proponents of a natural law ethic. The goal of transhumanism is to fundamentally alter our human nature, while the natural law tradition relies on this nature for producing normative claims. The tension seems clear. But beyond the need to explore this underdeveloped relationship, it may be that natural law provides precisely the sort of ethical framework—a framework centered on human nature—for best evaluating transhumanism and bioenhancement technologies. Building on the work of Jason T. Eberl and Brian Patrick Green, I articulate how a Thomistic theory of natural law can guide us in a brave new world. Along the way, I note ways in which both Eberl and Green are too limiting in their interpretations of natural law, but in offering these critiques, I hope to bring out how natural law proves an invaluable guide for navigating life in creation—even a creation that has been tampered with.