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Vol 21 No 10 Oct/Nov 2016

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Aquinas and Modern Law

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Edited by: Richard O. Brooks, James Bernard Murphy

ISBN13: 9781409431770
Published: July 2013
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £230.00



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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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Subjects:
Jurisprudence
Contents:
Editor's introduction
Bibliography

Part I Introduction to Aquinas: On reading the Summa: an introduction to Saint Thomas Aquinas, Otto Bird.

Part II The Problems of Natural law: Recent criticism of natural law theory, Robert P. George
The metaphysical presuppositions of natural law in Thomas Aquinas: a new look at some old questions, Anthony Lisska.

Part III Law and Morality: A question about law, Mortimer Adler
The scholastic theory of moral law in the modern world, Alan Donagan
Aquinas's two pedagogies
a reconsideration of the relation between law and moral virtue, Mary M. Keys. Part IV Natural Law and Natural Right: Do natural rights derive from natural law?, Michael P. Zuckert
Fairness in holdings: a natural law account of property and welfare rights, Joseph Boyle. Part V Dimensions of Positive Law: Law's positivity in the natural law jurisprudence of Thomas Aquinas, James Bernard Murphy
The relation between positive and natural law in Aquinas, Daniel Westberg
The promulgation of law, Gilbert Bailey.

Part VI A Thomistic Approach to Selected Legal Problems: Constitutional Government: Subsidiarity, federalism and the best constitution: Thomas Aquinas on city, province and empire, Nicholas Aroney
Environmental Policy: The environmental policy of Saint Thomas Aquinas, Patrick Halligan
Abortion: Toward a Thomistic perspective on abortion and the law in contemporary America, M. Cathleen Kaveny
Euthanasia: Aquinas and morphines: notes on double effect at the end of life, Stephen R. Latham

Editor's conclusion
Name index.