About Natural Law
Natural law, developed through such writers as Aristotle and St Thomas Aquinas, is based
on the theory that law arises from “nature” or by beliefs accepted by people; it found some of its greatest proponents within the Catholic Church. In the natural law tradition, for a law to be a true law, it must comport with the values accepted by society.
"Legal Theory in Relation to Public Law," Craig Forcese et al in Public Law: Cases, Commentary and Analysis
Broadly speaking, theories within the natural law tradition emphasize an essential conceptual connection between law and morals. In response to the core jurisprudential question, ‘What is law?’, such theories elaborate a conceptual view that necessarily links (and subsumes) legal reason to moral reason, legal obligation to moral obligation, legal validity to moral validity, and so on.
“Natural Law Theory,” Roger Brownsword, in The New Oxford Companion to Law
Natural Law Key Books
Law's Empire by Call Number: K230.D9 L393 1998ISBN: 1841130419Law's Empire is a 1986 text in legal philosophy by Ronald Dworkin, in which the author continues his criticism of the philosophy of legal positivism as promoted by H.L.A. Hart during the middle to late 20th century.
Taking Rights Seriously by Call Number: K240 .D86Publication Date: 1977-01-01Clearly and forcefully, Ronald Dworkin argues against the ruling theory in Anglo-American law-legal positivism and economic utilitarianism and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority.
The Morality of Law by Call Number: This is an unlimited user ebook.ISBN: 9780300191653Publication Date: 2000-04-10In this classic work the legal philosopher Lon L. Fuller explores the relationship between law and morality, distinguishing between the morality of duty and the morality of aspiration.
Natural Law and Natural Rights by Call Number: This is an unlimited user ebookISBN: 9780191616655Publication Date: 2011-01-01First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory.
Natural Law Key Articles
- The Model of RulesDworkin, Ronald M, “The Model of Rules” (1967) 35:1 The University of Chicago Law Review 14–46.
- Positivism and Fidelity to LawFuller, Lon L, “Positivism and Fidelity to Law: A Reply to Professor Hart” (1958) 71:4 Harvard Law Review 630–672.
Books of Commentary About Natural Law
Natural Law Theory by Call Number: BJ1012 .A54 2021Publication Date: 2021-08-20This book covers the history of natural law theory including alternatives and challenges. It also includes an outline and criticism of the 'new' natural law theory prospects for natural law theory.
Research handbook on natural law theoryCall Number: This is an unlimited user ebook.This thought-provoking Research Handbook provides a comprehensive overview of current research on natural law theory in ethics, politics and law, demonstrating the rigour and versatility of the tradition and offering an up-to-date picture of these ideas in the 21st century.- Natural Law and Natural Rights by Call Number: This is an unlimited user ebookISBN: 9780191616655Publication Date: 2011-01-01First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory.
The Cambridge Handbook of Natural Law and Human Rights by ISBN: 9781108939225Publication Date: 2022-11-03Topics covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics.
Books of Commentary About Dworkin
Ronald Dworkin by Call Number: This is an unlimited user ebook.ISBN: 9780521662895Publication Date: 2007-05-28Ronald Dworkin occupies a distinctive place in both public life and philosophy. In philosophy, he has written important and influential works on many of the most prominent issues in legal and political philosophy. Students seeking to understand the relationship between positivist and natural concepts of law can find an overview in the chapter by Arthur Ripstein, "The 'Hart-Dworkin' debate : a short guide for the perplexed."
Exploring Law's Empire by Call Number: This is an unlimited user ebookISBN: 9780199546145Publication Date: 2009-04-25Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory oflaw as integrity, and his work on constitutional theory.
The Legacy of Ronald Dworkin by Call Number: This is an unlimited user ebookISBN: 9780190466411Publication Date: 2016-05-23This book assembles leading legal, political, and moral philosophers to examine the legacy of the work of Ronald Dworkin. They provide the most comprehensive critical treatment of Dworkin's accomplishments focusing on his work in all branches of philosophy, including his theory of value, political philosophy, philosophy of international law, and legal philosophy.
Reflections on 'the Concept of Law' by Call Number: This is an unlimited user ebookISBN: 9780199693320Publication Date: 2011-12-15HLA Hart's The Concept of Law is one of the most influential works of philosophy of the twentieth century, redefining the field of legal philosophy and introducing generations of students to philosophical reflection on the nature of law. In this book, renowned legal historian AWB Simpson attempts to sweep aside the volumes of academic criticism and return to 'Troy I', revealing the world of post-war Oxford that produced Hart and his famous book.
