Natural Law and the Nature of Law

Crowe, Jonathan

doi:10.1017/9781108653237

Cited by 18 publications

(4 citation statements)

References 128 publications

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“…John Finnis draws from it a list of seven basic goods: life, knowledge, play, aesthetic experience, sociability, practical reasonableness, and religion (Finnis 2011). Jonathan Crowe expands this to nine basic goods: life, health, pleasure, friendship, play, appreciation, understanding, meaning, and reasonableness (Crowe 2019). The position assumed here is that Aquinas's list is not intended to be complete.…”

Section: Reality and Lawmentioning

confidence: 99%

“…Second, Aquinas also uses custom to describe something akin to what Jonathan Crowe calls emergent law (Crowe 2019). Emergent law is "a set of customary legal standards that emerge as a form of spontaneous order."…”

Section: Law Interpretation and Socio-cultural Custommentioning

confidence: 99%

“…31 Aquinas's account of the relationship between virtue and law highlights three important points: (1) there is no single correct answer to a given moral situation, (2) the goal of the law is to enable a virtuous life, and (3) law should be made by the virtuous. First, like 30 Common good is a topic that has seen much discussion lately into which I cannot enter here (Crowe 2019;Duke 2016;Finnis 2011;Murphy 2006). 31 Nathaniel A. Moats has recently published an interesting article on the response to the COVID pandemic in the United States that emphasizes this final point (Moats 2022).…”

Section: Law Ends and Virtuementioning

confidence: 99%

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Thomas Aquinas, Ronald Dworkin, and the Fourth Revolution: The Foundations of Law in the Age of Surveillance Capitalism

Smith

2023

Laws

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Since the publication of Shoshana Zuboff’s The Age of Surveillance Capitalism, the strategies of Surveillance Capitalists and appropriate responses to them have become common points of discussion across several fields. However, there is relatively little literature addressing challenges that Surveillance Capitalism raises for the foundations of law. This article outlines Surveillance Capitalism and then compares the views of Thomas Aquinas and Ronald Dworkin in four areas: truth and reality, reality and law, interpretation and social custom, and virtue and law; finally, it closes by asking whether the law alone can provide a sufficient response to Surveillance Capitalism. The overarching argument of the article is that, while Aquinas’s view of the foundations of law accounts for and responds to the challenges of Surveillance Capitalism more effectively than Dworkin’s, law alone cannot provide a sufficient response to this emerging phenomenon.

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Section: Reality and Lawmentioning

confidence: 99%

Section: Law Interpretation and Socio-cultural Custommentioning

confidence: 99%

Section: Law Ends and Virtuementioning

confidence: 99%

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Thomas Aquinas, Ronald Dworkin, and the Fourth Revolution: The Foundations of Law in the Age of Surveillance Capitalism

Smith

2023

Laws

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“…Thus, the bone of contention on the relationship between morality and law subsists as proponents of natural law insist that law must conform to morality, while those of legal positivism argue that law and morality are conceptually separable (Marmor 2011, 14). Some natural law theorists' attempt to foreground law in transcendence inculcates a theocratic basis for law, while others in the tradition hold on to moral reasonableness as the determinant of law (Finnis 1980;Crowe 2019). Yet for some, it would appear that both the theocratic bend and moral reasonableness are inseparable, but one is prior to the other.…”

Section: Analytical Interpretation Of Jurisprudence In Africa and The...mentioning

confidence: 99%

African Jurisprudence as Historical Co-extension of Diffused Legal Theories

Komolafe

2022

Thought pract.

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African jurisprudence, like African philosophy, continues to be hotly debated. This article contends that the debate straddles the uniqueness claim which either emphasises the existence or possibility of a peculiar legal framework on the continent, and a historical co-extensional position reiterating that African jurisprudence is a continuum of other legal traditions. The article argues that there is no uniquely African jurisprudence, and that what obtains within the structures of jurisprudence on the continent also exists within various legal traditions elsewhere, and as such can at best be described as ‘jurisprudence in Africa’ rather than ‘African jurisprudence’. It defends this thesis through analytic and comparative explications of the content of natural law theory and legal positivism as experienced on the continent. It concedes that relics of the colonial legal experience create contestations that inform scholars’ calls for a return to traditional legal systems. It concludes that a reconstructive jurisprudence in Africa must take cognisance of the continent’s historical and evolutionary legal experiences, but that a unified or monolithic theory may not be sufficient to address the choice of functional jurisprudence. Keywords African jurisprudence, jurisprudence in Africa, African legal evolution, diffused legal theories

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Methodology for Theorizing About the Nature of Law and About Doctrinal Areas of Law

Bix

2022

Meta‐theory of Law

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Natural Law and the Nature of Law

Cited by 18 publications

References 128 publications

Thomas Aquinas, Ronald Dworkin, and the Fourth Revolution: The Foundations of Law in the Age of Surveillance Capitalism

Thomas Aquinas, Ronald Dworkin, and the Fourth Revolution: The Foundations of Law in the Age of Surveillance Capitalism

African Jurisprudence as Historical Co-extension of Diffused Legal Theories

Methodology for Theorizing About the Nature of Law and About Doctrinal Areas of Law

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