Natural Law Theory Research Articles

The Personalist Basis of the Church's Teaching on Human Sexuality and the Natural Law in the Work of John Paul II. Part I.

Responding to Pope John Paul II's call to give the "ethical grounds and personalistic reasons" behind the Church's teaching on sexual morality, this reflection written over the span of two articles analyzes the norms of the natural law related to human sexuality from a personalist perspective. The key ideas of this study are drawn from two passages: one from Gaudium et spes which states that "The sexual characteristics of man and the human faculty of reproduction wonderfully exceed the dispositions of lower forms of life", the other from Humanae vitae stating that "Conjugal love reveals its true nature and nobility when it is considered in its supreme origin, God, who is love … and it is of supreme importance to have an exact idea of these." Part I provides an overview of natural law theory, explaining what it means that the natural law is not arbitrary, but the moral norms governing our actions in relation to the beings in the world are rooted in the nature and value of those things. Second, on the background of John Paul II's idea that "the body is the person," this article brings to light a type of bodily act (which I call an "embodying act") that is not only bodily, but one that forms an organic union with an act of the spirit. Finally, we examine here the nature of love as consisting of two dimensions: of mutual self-giving as well as the fruitfulness arising from mutual self-gift. The analysis of "embodying acts" together with the analysis of love will be crucial for arriving at one of the main conclusions in Part II, namely, that the Church's moral norms governing the use of the spousal act are not grounded in the biological structure of sex, but in the laws of love.

Философия «возрожденного» естественного права Рудольфа Штаммлера

The relevance of the research topic lies in the fact that in the modern world there is a clear distinction between law and non-law. The study of R. Stammler’s works reveals a new variant of approach to this issue. The aim of the study is to analyze the classical theory of natural law and the theory of “revived law” of Rudolf Stammler. In the domestic literature there are practically no works on the legal doctrine of the thinker, which makes the pre-sent study valuable for modern science. R. Stammler created a formula of the legal ideal, which is based on the evaluation of right or wrong conclusions. The approach to law developed by the thinker can be called neo-Kantian, as it reinterprets the philosopher’s ideas concerning natural law. In addition, it seems to be systematic for the development of this direction in science. It is emphasized that the R. Stammler’s concept can be used in lawmaking of the Russian Federation.

Mediated Morality as a Middle Position in Understanding the Relation between God and Morality

How should we understand the relation between God and morality? This article aims to address this question by constructing a theistic metaethical theory informed by postphenomenological mediation theory. According to postphenomenological mediation theory, properties and values are not independent entities but are instead mutually constituted through the relationships that they participate in. By emphasizing relationships and understanding goodness as harmony, the theory allows God and creation to jointly constitute goodness. This alternative theory is compared to the metaethical theories proposed by Robert M. Adams and Mark C. Murphy, which represent the two primary strands of theistic metaethics: theological voluntarism and natural law theory, respectively. The alternative theory exhibits certain advantages and resolves some of the issues found in Adams’ and Murphy’s theories.

Связь государства и права в концепции правопонимания Н.Е. Чижова

Law, as a phenomenon of civilization and culture, has been studied in science for more than one century. The greatest minds of mankind have tried to penetrate into the essence of law, to know the nature and define its concept. The scientific article is devoted to the analysis of the concept of law, set forth by the outstanding Russian jurist N.E. Chizhov (1853–1910). Scientific searches of N.E. Chizhov are associated with a legal understanding based on the norms of law, because they determine the external behavior of people in their life together. The scientist criticizes the theory of natural law, believing that the right is realized only in collective education with the interaction of people. This approach is consistent with the modern development of society, the values of which are: social partnership, economic, political and social solidarity, mutual trust of the state and society. The purpose of the study is to analyze the scientific works of N.E. Chizhov devoted to the concept of law and its relationship with the state. Emphasis is placed on understanding the nature of law through the nature of society and the state. The research methodology includes a wide range of scientific methods, in particular, universal (dialectical method), general scientific (analysis and synthesis), special (historical-legal, source-based method) and other methods of scientific cognition. The result of the conducted research was the conclusion about the demand for scientific knowledge of N.E. Chizhov in modern jurisprudence.

ПАРК СТАДИОНА «КРАСНОДАР» (2017-2023): СОВРЕМЕННАЯ ИНТЕРПРЕТАЦИЯ КЛАССИЧЕСКИХ САДОВЫХ СТИЛЕЙ

The paper provides, for the first time, a comprehensive analysis of the artistic features of the Krasnodar Stadium park and historical allusions associated with the compositions of this park. The park, opened to the public in 2017, has become a novelty in the international landscape culture and a landmark of Krasnodar. The main elements of the ensemble analyzed: concept, layout, roads and routes, volumes and space, green architecture and forms of the plants, water system, boundaries and zones, materials and textures, shapes and rhythms, play of light and conditions of nature. The works of art placed in the park are considered in detail: first, the compositions “Geolocation” and «Artificial Environment» of the Recycle group (2019) and, second, subsequent installations, the presence of which could be a matter of discussion. The historical garden styles that influenced the idea of the park are Italian, French, and English types and water gardens of the Middle East, as well as postmodern “landforms» by Charles Jenks. The large Japanese Garden (2023) is a new development of the park. The shift to the stylization makes it possible to summarize the image of the main park, in which the techniques of modern landscape art and the motives of historical heritage are summarized.

Kantian views on law and morality as components of the rule of law

It is indicated that in his teaching, the thinker, based on ethics (the science of morality), revealed questions about the nature and essence of the individual and tried to combine them with the legal foundations of the individual's existence (and such legal bases, in our opinion, can be the supremacy of law). It is emphasized that, according to the thinker, an individual should evaluate his decisions and actions through the recognition of the freedom and self-worth of each person. I. Kant proclaimed that a person should act in such a way that he treats humanity both in his own person and in the person of another person as an end, not as a means. It is noted that, according to I. Kant, a person should act outwardly in such a way that the free manifestation of his arbitrariness (free will) is compatible with the freedom of everyone, which is commensurate with the general law, and general laws, in turn, find their basis in natural law.And following the method of logic, we understand that general laws lie in the plane of positive law (established by this or that state? And not always with a democratic regime), which must rely on the laws of natural law (which, in turn, also includes knowledge about morality)/It is indicated that I. Kant considered respect for the rights of other people to be the highest among the duties of an individual. In his writings, the thinker developed the special humanistic potential of theories of natural law, and therefore we are talking about the foundations of natural law - the rule of law, through such a category as morality, which we consider a constituent part of the rule of law.The ontological-theological approach to clarifying the essence of law, which I. Kant advocated from the standpoint of metaphysics, was primarily connected with man as a rational being, with the recognition of his will (free will).
 The mental aspect in the study of law, in the use of legal concepts during life circumstances by various persons (and citizens, and officials, and the state in particular) contributes to the natural implementation of the ideas of law and the rule of law into legal reality, which in turn contributes to the effective regulation of social relations.

Правова поведінка як самоідентифікація людини в епоху постмодерну

The article clarifies the philosophical and legal features of legal behavior as a factor of human self-affirmation in the postmodern era. Within the limits of philosophical and legal understanding, postmodernism should be considered in two aspects: conceptual-idealistic (as a theoretical concept) and nihilistic (as a modern social reality). According to the natural law theory, any behavior will be lawful if a person, exercising his natural rights, does not violate similar rights of other persons. The philosophical basis of this approach is the doctrine of freedom as the natural state of man and his (man's) free will. Freedom consists in the ability to do everything that does not harm another. Human freedom, accordingly, cannot be absolute, because it is limited by the same condition of other people. This actually reflects the postmodern philosophical and legal understanding of human behavior in a conceptual and idealistic aspect. Regarding the understanding of lawful human behavior in the nihilistic plane of postmodernity, this is a conformist philosophical and legal concept. According to which a person's behavior is subject to new social standards and requirements, and can also be subjected to psychological pressure and manipulation by others who have stronger worldview and value beliefs. It is concluded that legal behavior is a factor of self-affirmation of a person in the postmodern era, self-identifies him as a person in social reality. Law has value, as it contributes to self-determination and self-realization of a person, provides new opportunities for individual and social development. The importance of the value of law for "postmodern man" and "postmodern society" is undeniable. In the conditions of a hyper-dynamic pace of life, conceptual chaos and radical pluralism, law remains a fundamental value for self-identification, self-creation, self-presentation and preservation of human self-worth.

Human Rights In Islamic Law

Many scholars write about textbooks on human rights both on a global scale and in Indonesia, but we find incompleteness on how human rights become practical and have value, a phrase in the book Human Rights Law. slightly) from the historical development of the birth of an understanding of human rights. And from an Islamic perspective we will read and see in the understanding of Islamic law itself. The problems inherent in human beings are something that attracts scientists, philosophers and also legal experts. Because in the human being itself is stored the will, rights and freedom that are inherent in him. Human rights (HAM) are rights that are owned by all people in accordance with humane conditions. Human problems are a matter of complexity, if the rights inherent in themselves are not fought for and protected, there will be social slavery, human colonization, and regulation. monolithic life. So that freedom and the will for independence should be restrained in the shackles of outside forces who "colonize". In history, the origin of human rights is from the theory of natural rights (Natural Rights theory). The natural theory of rights originates from the theory of natural law (natural law theory), the latter of which can be traced back all the way back to ancient times with stoic philosophy to modern times through the natural law writings of Saint Thomas Aquinas

The Politics of Legal Theory Revisisted

Most legal positivists today hold that legal positivism is a morally neutral and purely descriptive account of the nature of law. This article considers this claim by examining Brian Leiter’s intriguing claim to the contrary. While I welcome examining the political presuppositions of jurisprudential theories, I show that the association of legal positivism with radicalism is not true. Examining the works of prominent legal positivists, I show that there is no basis for thinking of any of them as a political radical. I also show that many legal positivists were politically conservative. Beyond the historical question, I also argue that there is no basis for the claim that legal positivism is necessary for radical political action. On the contrary, I show that many radical political movements aligned with natural law theory and offer a possible explanation for this phenomenon. The latter point serves as the basis for an alternative way of explaining the political component of legal theory. I propose that we stop thinking of competing theories of law as descriptive or conceptual claims about the nature of law and think of them instead of grounded in different political ideas of legitimate authority.

Morality Before the Enlightenment: An Interpretation of Viscount Stair's Natural Law Theory, c. 1681

Morality Before the Enlightenment: An Interpretation of Viscount Stair's Natural Law Theory, c. 1681

Evaluating the experiences and impact of the Health Access for Refugees (HARP) project on peer volunteers in Northern England.

Community-based peer volunteer interventions are increasingly used with people who are asylum seekers and refugees accessing health services. There is a dearth of evidence evaluating the benefits of volunteering for asylum seeking or refugee volunteers. Volunteers may have poor mental health and feel socially isolated due to their experiences as refugees and asylum seekers and may struggle or be unable to obtain paid employment. Volunteering in other contexts has been found to be beneficial to the health and well-being of the volunteer. This paper reports on an aspect of a wider study evaluating the community-based Health Access for Refugees Project, with the aim of exploring the impact of volunteering on the health and well-being of the peer (asylum seeker or refugee) volunteer.In 2020, we conducted qualitative semistructured interviews by phone with 15 volunteers who were asylum seekers or refugees. The interviews were audio recorded, data were transcribed verbatimand the data set was thematically analysed.We found that the positive relationships which developed and the training received through volunteering boosted volunteers'mental well-being. They felt motivated and confident in helping others, felt a sense of belonging and this reduced their social isolation. They also believed they benefited personally, helping their access to health services, and preparing them for future education, trainingor a career.In light of the beneficial nature of volunteering identified in this study, establishing more volunteering opportunities for this population and other marginalised groups with poor mental health is recommended. However, more research is needed to assess both the long-term impact of the role in terms of the peer volunteer's health and well-being, and the societal benefit of people moving on, integratingand contributing to society.

The Argument for Kong Yiji's Characterization

This paper discusses the external image and internal spirit of Kong Yiji from Lu Xun's works "Kong Yiji". Moreover, why he chose to leave at the end of the day to explore how the author used special literary techniques to create and highlight the characters. Kong Yiji was a victim of the imperial examination system in the Qing Dynasty. He spent his life in the Four Books and the Five Classics and was reduced to begging and refusing to take off his long gown, which symbolized his status as a scholar. Speaking of classical Chinese words, he emphasized several times that he was a scholar, even teased by others, but also pretentious, self-admiration. Feudal culture and feudal education poisoned Kong Yiji and made him develop the bad habits of despising labor and being indolence. Through the exploration and study of words, sentences and paragraphs in the text, from different positions and perspectives, from external to internal, the character characteristics and behavior of the characters before and after the comparison, in-depth analysis of a diversified and complex character image. Kong Yiji was not only an aristocratic and intellectual scholar but also a cowardly and helpless scholar who was poisoned by feudal society. His body not only shined with the light of honest and good human nature but also had a lazy, self-deceiving national bad nature.

Empirisme dan Fenomenologis dalam Perspektif Filsafat Hukum Naturalism

Legal thought is characterized by the development of legal philosophy schools of thought. The emergence of a legal school was a response or criticism of the previous legal school, or it emerged as a response to the social development of society at that time. Currents that emerge and develop in the realm of legal thought include natural law, legal positivism (pure legal theory), utilitarianism, legal realism, American sociological jurisprudence, and schools of history. The entire history of legal philosophy makes it clear that the real problem in the field of legal philosophy is none other than this problem: what is natural law? From the beginning, natural law has been the subject of legal philosophy and until today this problem always reappears in people's minds. The research method that the writer uses in this research is descriptive analytic. The author uses data collection techniques in the form of a literature study by taking into account issues related to Empiricism and Phenomenology in the Legal Perspective of Naturalism. The research results have implications for the Legal Philosophy of Naturalism which can be seen in terms of empiricism and phenomenology. Based on the theory of natural law, there are those who argue that the beginning of all goods is not owned by anyone. Such goods are called ResNullius (See Article 519 BW. which states: "Items that are not owned by anyone"). By agreement between them, humans divide these goods, thereby obtaining individual property rights.

An Ethico-Philosophical Disquisition of Homosexuality

The practice of homosexuality in several nations has been the subject of intense controversy recently. In addition to eroding the sense of identity of individuals who practice it, homosexuality—also known as same-sex relationships or marriage—has also been condemned for undermining the order of creation and endangering the survival of many societies. This paper examines homosexuality as an act and its consequent implications for the community in which the actor belongs. The paper employs the method of critical analysis; hence, using Kantian ethics, the utilitarian view, situation ethics, sexual ethics, and Christian ethics to look at the issue of homosexuality; and also, the natural law theory of morality, which states that since what is natural is morally right and what is unnatural is morally wrong, homosexuality as an act is unnatural, hence it is morally wrong. To conclude, we are of the opinion that an unauthentic lifestyle has detrimental consequences for society in general and the individual in particular

Comparing & Contrasting Economic and Natural Law Approaches to Policymaking

Eric Claeys’s monograph, Natural Property Rights, offers a comprehensive and thoughtful articulation of a general theory of property rights rooted in the natural law tradition. This detailed review compares Claeys’s work with the consequentialist law and economics perspective on property. After contrasting their objectives, assumptions, and methodologies this article concludes that, unlike more absolutist approaches, Claeys’s flavor of natural property rights places a modicum of weight on the welfare effects central to economic analysis. This restrained nod in the direction of practicality, however, does not eliminate some of the long-known weaknesses of natural law. Perhaps the most glaring gap in Claeys’s book is its failure to acknowledge and analyze the modern law of nuisance with its enriched set of remedies capable of making everyone a winner. At a macro level, Claeys (like most other natural law theorists) offers no substantive case against redistribution as an optimal method for addressing the fact that charity is a public good. The book, again in keeping with the natural law tradition, eschews any serious empiricism—indeed not a single argument it makes contains any empirical support. This is a fatal flaw for anyone with the ambition to offer practical advice on tougher property law issues for which the right answers depend on myriad social parameters whose values lie beyond the reach of deduction.

Rekonstruksi Pasal 119 Huruf b Undang-Undang No. 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup Berbasis Utilitarianisme

Article 119 section b of Law No. 32 of 2009 on Environmental Protection and Management stipulates that "Corporations or business entities may be subject to additional criminal or disciplinary measures in the form of shutting down their places of business and/or activities entirely or partially. The logical consequence of this article is that corporations or business entities will have their operations suspended when they carry out a factumm delictum. This juridical action did not solve the problem, but instead it created the new ones. To answer this fundamental problem, this study intends to teleologically discuss the philosophy of utilitarianism and its weaknesses of the a quo article so that it is deemed necessary for its reconstruction based on the utilitarianism. This is a normative legal research with a philosophical approach. This research concludes that the true law must be fair and bring maximum social happiness to the society without exception. The implication is that the formulation of the Article a quo is reconstructed into "Corporations or business entities may be subject to additional punishment or disciplinary action in the form of temporary or partial closure of their place of business and/or activities".

A Theoretical Justification for Treating the Contract for Deed as a Mortgage

Millions of Americans finance their home using the treacherous contract for deed. Denied access to the conventional mortgage, the contract for deed often is the only alternative for Americans seeking the stability of homeownership. Historically, however, this deceptive financing device disrupted the lives of thousands of individuals by forfeiting their property and all payments made on the contract—even where only one installment was overdue. Low-income Americans and immigrant families disproportionately experience the brunt of the contract for deed. Furthermore, as Americans experience rising prices and increasing financial instability, there is reason to fear sellers—equipped with insight into lenders’ former mistakes—could revive the contract for deed, using it to swindle unsuspecting buyers. Several scholars previously addressed the necessity of treating the contract for deed as a mortgage. However, none addressed the critical underlying question: What is property, and what role does it play in society? This Article analyzes natural law, personhood, utilitarian, and civic republican theories of property as applied to the dilemma of the forfeiture clause. Whether it is because of the stifling of community, the destruction of an individual’s external sphere of freedom, or the inhibiting of a citizen’s ability to participate in democracy, channeling the insight of some of the world’s greatest philosophers compels the conclusion that change is necessary. Lastly, courts are not without guidance. The Indiana & Kentucky Supreme Courts established clear doctrine treating the contract for deed as a mortgage. Thus, given that enforcing forfeiture clauses in contracts for deeds is incongruent with the philosophical foundations of property law, it is time for society to follow the Indiana and Kentucky approaches and treat this financing device as a mortgage.

Evolution is the source, and the undoing, of natural law

Research grounded in evolutionary theory holds the promise of explaining our moral intuitions in terms of the fitness benefits they conferred on our ancestors over time. This research suggests a view of morality as a set of reliably developing psychological instincts that are often universal, but not objective in the metaphysical sense. In this paper, I argue that this research may shed new light on the centuries-old debate surrounding natural law. By providing a scientifically plausible explanation for the moral intuitions at the heart of natural law theory, this research both (1) accounts for the emergence and persistence of the belief that a natural law exists, and (2) undermines one of the core tenants of natural law theory: that laws must necessarily give structure to our sense of morality.

"Raised by Implication": C.S. Lewis's Studies in Words and Historical and Moral Judgment

C. S. Lewis wrote Studies in Words "to help students understand the lexical and historical meaning of certain common words, in effect, to assist “a more accurate reading of old books.” His choice of words, with their classical, European, and British contexts, is reflective of Lewis’s vocation as a professor of English literature. However, the chosen words also contain moral meanings. While the primary purpose of Studies is to train the reader in making conceptual distinctions, it also provides a kind of training in interpretive and historical responsibility that runs parallel with Lewis’s view of the natural moral law. The twin concerns of historical accuracy and ethical judgment are always beneath the surface in Studies in Words, for Lewis is modeling for his readers an understanding of public meaning and lexical change, along with a psychology of agency based on beliefs and intentions that is worth engaging, even accepting or rejecting.5 That is, he is practicing what he recommends in The Abolition of Man—a formative education with commitment.

Superior Natural Law Theory in the Works of Johannes Althusius

Johannes Althusius, a German legal theorist and political thinker in the early 1600s, attempts in his Politica to create a chain of increasingly large communal associations that could constitute a universally applicable political order. He founds this system on a natural law theory of behavioral guidelines. Many elements of his body of work, from its federalist structure to the granting of a right of sovereignty to the people, bear marks of an early connection to modern Western thought meriting further exploration. Upon close inspection, the natural law theory at play in Politica also contains oddities and inconsistencies worthy of note. His Theory of Justice, a work on law and ethics, contains a similar theory with slight yet significant variations at the core level. Ultimately owed to weaknesses in the derivation of duties to self and a lack of evidence for the reasoning of the hierarchy of duties to others in Politica, the Theory of Justice model, though not without its own internal inconsistencies in the moral authority of positive law, is found to present a more philosophically sound model.