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Aquinas and modern law / edited by Richard O. Brooks, Vermont Law School, USA; James Bernard Murphy, Dartmouth College, USA.

Contributor(s): Material type: TextTextSeries: Philosophers and lawPublication details: Farnham, Surrey, England ; Burlington, VT : Ashgate Publishing, c2013.Description: xxx, 613 p. ; 25 cmISBN:
  • 9781409431770
Subject(s): DDC classification:
  • 340.112 BRO.P
Contents:
I INTRODUCTION TO AQUINAS 1.`On Reading the Summa: An Introduction to Saint Thomas Aquinas', in Mortimer J. Adler (ed.), The Great Ideas Today, Chicago, IL: Encyclopedia Britannica, pp. 126-54 /​ Otto Bird pt. II THE PROBLEMS OF NATURAL LAW 2.`Recent Criticism of Natural Law Theory', In Defense of Natural Law, Oxford: Oxford University Press, pp. 31-82 /​ Robert P. George 3.`The Metaphysical Presuppositions of Natural Law in Thomas Aquinas: A New Look at Some Old Questions', in Fulvio Di Blasi, Joshua P. Hochschild and Jeffrey Langan (eds), Virtue's End: God in Moral Philosophy of Aristotle and Aquinas, South Bend, IN: St Augustine's Press, pp. 67-83 /​ Anthony J. Lisska pt. III LAW AND MORALITY 4.`A Question about Law', in Robert E. Brennan (ed.), Essays in Thomism, New York: Sheed &​ Ward, pp. 207-36, 388-410 /​ Mortimer J. Adler Contents note continued: 5.`The Scholastic Theory of Moral Law in the Modern World', in Anthony Kenney (ed.), Aquinas: A Collection of Critical Essays, London: Macmillan, pp. 325-39 /​ Alan Donagan 6.`Aquinas's Two Pedagogies: A Reconsideration of the Relation between Law and Moral Virtue', American Journal of Political Science, 45, pp. 519-31 /​ Mary M. Keys pt. IV NATURAL LAW AND NATURAL RIGHTS 7.`Do Natural Rights Derive from Natural Law?', Harvard Journal of Law and Public Policy, 20, pp. 695-731 /​ Michael P. Zuckert 8.`Fairness in Holdings: A Natural Law Account of Property and Welfare Rights', Social Philosophy and Policy, pp. 206-26 /​ Joseph Boyle pt. V DIMENSIONS OF POSITIVE LAW 9.`Law's Positivity in the Natural Law Jurisprudence of Thomas Aquinas', The Philosophy of Positive Law: Foundations of Jurisprudence, New Haven and London: Yale University Press, pp. 48-116 /​ James Bernard Murphy Contents note continued: 10.`The Relation between Positive and Natural Law in Aquinas', Journal of Law and Religion, 11, pp. 1-22 /​ Daniel Westberg 11.`The Promulgation of Law', American Political Science Review, 35, pp. 1059-84 /​ Gilbert Bailey pt. VI ONE THOMISTIC CRITIQUE OF MANY MODERN JURISPRUDENCES 12.`The Authority of Law in the Predicament of Contemporary Social Theory', Journal of Law, Ethics and Public Policy, 1, pp. 115-37 /​ John Finnis 13.`Liberalism and Natural Law Theory', Mercer Law Review, 45, pp. 687-704 /​ John Finnis pt. VII A THOMISTIC APPROACH TO SELECTED LEGAL PROBLEMS 14.`Subsidiarity, Federalism, and the Best Constitution: Thomas Aquinas on City, Province and Empire, Law and Philosophy, 26, pp. 161-228 /​ Nicholas Aroney 15.`The Environmental Policy of Saint Thomas Aquinas', Environmental Law, 19, pp. 767-806 /​ Patrick Halligan Contents note continued: 16.`Toward a Thomistic Perspective on Abortion and the Law in Contemporary America', The Thomist, 55, pp. 343-96 /​ M. Cathleen Kaveny 17.`Aquinas and Morphine: Notes on Double Effect at the End of Life', DePaul Journal of Health Care Law, 1, pp. 625-44 /​ Stephen R. Latham.
Summary: This volume collects some of the best recent writings on St. Thomas's philosophy of law and includes a critical examination of Aquinas's theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights. The volume shows how Aquinas understood the importance of positive law and demonstrates the modern relevance of his writings by including Thomistic critiques of modern jurisprudence and examples of applications of Thomistic jurisprudence to specific modern legal problems such as federalism, environmental policy, abortion and euthanasia. The volume also features an introduction which places Aquinas' writings in the context of modern jurisprudence as well as an extensive bibliography. The volume is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries.
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Holdings
Item type Current library Collection Call number Copy number Status Date due Barcode
Books Books Symbiosis Law School, Noida REFERENCE CUPBOARD Reference 340.112 BRO.P (Browse shelf(Opens below)) 1 Not For Loan SLSN-B-9094

Includes bibliographical references (p. xix-xxx) and name index.

I INTRODUCTION TO AQUINAS
1.`On Reading the Summa: An Introduction to Saint Thomas Aquinas', in Mortimer J. Adler (ed.), The Great Ideas Today, Chicago, IL: Encyclopedia Britannica, pp. 126-54 /​ Otto Bird
pt. II THE PROBLEMS OF NATURAL LAW
2.`Recent Criticism of Natural Law Theory', In Defense of Natural Law, Oxford: Oxford University Press, pp. 31-82 /​ Robert P. George
3.`The Metaphysical Presuppositions of Natural Law in Thomas Aquinas: A New Look at Some Old Questions', in Fulvio Di Blasi, Joshua P. Hochschild and Jeffrey Langan (eds), Virtue's End: God in Moral Philosophy of Aristotle and Aquinas, South Bend, IN: St Augustine's Press, pp. 67-83 /​ Anthony J. Lisska
pt. III LAW AND MORALITY
4.`A Question about Law', in Robert E. Brennan (ed.), Essays in Thomism, New York: Sheed &​ Ward, pp. 207-36, 388-410 /​ Mortimer J. Adler
Contents note continued: 5.`The Scholastic Theory of Moral Law in the Modern World', in Anthony Kenney (ed.), Aquinas: A Collection of Critical Essays, London: Macmillan, pp. 325-39 /​ Alan Donagan
6.`Aquinas's Two Pedagogies: A Reconsideration of the Relation between Law and Moral Virtue', American Journal of Political Science, 45, pp. 519-31 /​ Mary M. Keys
pt. IV NATURAL LAW AND NATURAL RIGHTS
7.`Do Natural Rights Derive from Natural Law?', Harvard Journal of Law and Public Policy, 20, pp. 695-731 /​ Michael P. Zuckert
8.`Fairness in Holdings: A Natural Law Account of Property and Welfare Rights', Social Philosophy and Policy, pp. 206-26 /​ Joseph Boyle
pt. V DIMENSIONS OF POSITIVE LAW
9.`Law's Positivity in the Natural Law Jurisprudence of Thomas Aquinas', The Philosophy of Positive Law: Foundations of Jurisprudence, New Haven and London: Yale University Press, pp. 48-116 /​ James Bernard Murphy
Contents note continued: 10.`The Relation between Positive and Natural Law in Aquinas', Journal of Law and Religion, 11, pp. 1-22 /​ Daniel Westberg
11.`The Promulgation of Law', American Political Science Review, 35, pp. 1059-84 /​ Gilbert Bailey
pt. VI ONE THOMISTIC CRITIQUE OF MANY MODERN JURISPRUDENCES
12.`The Authority of Law in the Predicament of Contemporary Social Theory', Journal of Law, Ethics and Public Policy, 1, pp. 115-37 /​ John Finnis
13.`Liberalism and Natural Law Theory', Mercer Law Review, 45, pp. 687-704 /​ John Finnis
pt. VII A THOMISTIC APPROACH TO SELECTED LEGAL PROBLEMS
14.`Subsidiarity, Federalism, and the Best Constitution: Thomas Aquinas on City, Province and Empire, Law and Philosophy, 26, pp. 161-228 /​ Nicholas Aroney
15.`The Environmental Policy of Saint Thomas Aquinas', Environmental Law, 19, pp. 767-806 /​ Patrick Halligan
Contents note continued: 16.`Toward a Thomistic Perspective on Abortion and the Law in Contemporary America', The Thomist, 55, pp. 343-96 /​ M. Cathleen Kaveny
17.`Aquinas and Morphine: Notes on Double Effect at the End of Life', DePaul Journal of Health Care Law, 1, pp. 625-44 /​ Stephen R. Latham.

This volume collects some of the best recent writings on St. Thomas's philosophy of law and includes a critical examination of Aquinas's theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights. The volume shows how Aquinas understood the importance of positive law and demonstrates the modern relevance of his writings by including Thomistic critiques of modern jurisprudence and examples of applications of Thomistic jurisprudence to specific modern legal problems such as federalism, environmental policy, abortion and euthanasia. The volume also features an introduction which places Aquinas' writings in the context of modern jurisprudence as well as an extensive bibliography. The volume is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries.

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