According to natural law theory, there exists an objective law of morality based in the nature of human society or human nature. Thus, natural law is inherently true, not a product of a mutable or sub
This book articulates an empirically grounded theory of law applicable throughout history and across different societies. Unlike natural law theory or analytical jurisprudence, which are narrow, abstract, ahistorical, and detached from society, Tamanaha's theory presents a holistic vision of law within society, evolving in connection with social, cultural, economic, political, ecological, and technological factors. He revives a largely forgotten theoretical perspective on law that runs from Montesquieu through the legal realists to the present. This book explains why the classic question 'what is law?' has never been resolved, and casts doubt on theorists' claims about necessary and universal truths about law. This book develops a theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond. Tamanaha's theory accounts for social influences on law, legal influences on society, law and domination, multif
A contemporary interpretation of Adam Smith's work on jurisprudence, revealing Smith's belief that progress emerges from cooperation and a commitment to justice. In Smith's theory, the tension between self–interest and the interests of others is mediated by law, so that the common interest of the community can be promoted. Moreover, Smith informs us that successful societies do at least three things well. They promote the common interest, advance justice through the rule of law, and they facilitate our natural desire to truck, barter, and exchange. In this process, law functions as an invisible force that holds society together and keeps it operating smoothly and productively. Law enhances social cooperation, facilitates trade, and extends the market. In these ways, law functions like Adam Smith's invisible hand, guiding and facilitating the progress of humankind.
This book articulates an empirically grounded theory of law applicable throughout history and across different societies. Unlike natural law theory or analytical jurisprudence, which are narrow, abstract, ahistorical, and detached from society, Tamanaha's theory presents a holistic vision of law within society, evolving in connection with social, cultural, economic, political, ecological, and technological factors. He revives a largely forgotten theoretical perspective on law that runs from Montesquieu through the legal realists to the present. This book explains why the classic question 'what is law?' has never been resolved, and casts doubt on theorists' claims about necessary and universal truths about law. This book develops a theory of law as a social institution with varying forms and functions, tracing law from hunter-gatherer societies to the modern state and beyond. Tamanaha's theory accounts for social influences on law, legal influences on society, law and domination, multif
This volume studies the concept of a political 'language', of a discourse composed of shared vocabularies, idioms and rhetorical strategies, which has been widely influential on recent work in the history of political thought. The collection brings together a number of essays by a distinguished group of international scholars, on the four dominant languages in use in Europe between the end of the fourteenth and the beginning of the nineteenth century. They are: the language of political Aristotelianism and the natural law; the language of classical republicanism; the language of commerce and the commercial society; and the language of a science of politics. Each author has chosen a single aspect of his or her language, sometimes the work of a single author, in one case the history of a single team, and shown how it determined the shape and development of that language, and the extent to which each language was a response to the challenge of other modes of discourse.
Thomas Aquinas's classic Treatise on Divine Law is brought to life in this illuminating line-by-line commentary, which acts as a sequel to Budziszewski's Commentary on Thomas Aquinas's Treatise on Law. In this new work, Budziszewski reinvestigates the theory of divine law in Aquinas's Summa Theologiae, exploring questions concerning faith and reason, natural law and revelation, the organization of human society, and the ultimate destiny of human life. This interdisciplinary text includes thorough explanations, applications to life, and ancillary discussions that open up Aquinas's dense body of work, which tends to demand a great deal from readers. More than a half-century has passed since the last commentary on Thomas Aquinas's view of these matters. Budziszewski fills this gap with his consideration of not only the medieval text under examination, but also its immediate relevance to contemporary thought and issues of the modern world.
Sir Charles Lyell (1797–1875) was one of the most renowned geologists of the nineteenth century. He was awarded the Copley Medal by the Royal Society in 1858 and the Wollaston Medal by the Geological Society of London in 1866 for his contributions to geology. Lyell's most important contribution to modern geology was his refining and popularising the geological concept of uniformitarianism, the idea that the earth has been formed through slow-acting geological forces. This biography, first published in 1881 and edited by his sister-in-law K. M. Lyell provides an intimate view of Lyell's personal and professional life through the inclusion of his correspondence with family, friends and academic peers. His changing ideas concerning the validity of the theory of natural selection and other geological ideas are also examined through the inclusion of extracts from his private journal.
Sir Charles Lyell (1797–1875) was one of the most renowned geologists of the nineteenth century. He was awarded the Copley Medal by the Royal Society in 1858 and the Wollaston Medal by the Geological Society of London in 1866 for his contributions to geology. Lyell's most important contribution to modern geology was his refining and popularising the geological concept of uniformitarianism, the idea that the earth has been formed through slow-acting geological forces. This biography, first published in 1881 and edited by his sister-in-law K. M. Lyell, provides an intimate view of Lyell's personal and professional life through the inclusion of his correspondence with family, friends and academic peers. His changing ideas concerning the validity of the theory of natural selection and other geological ideas are also examined through the inclusion of extracts from his private journal. Volume 2 contains Lyell's later career from 1837–1875.
Sir Charles Lyell (1797–1875) was one of the most renowned geologists of the nineteenth century. He was awarded the Copley Medal by the Royal Society in 1858 and the Wollaston Medal by the Geological Society of London in 1866 for his contributions to geology. Lyell's most important contribution to modern geology was his refining and popularising the geological concept of uniformitarianism, the idea that the earth has been formed through slow-acting geological forces. This biography, first published in 1881 and edited by his sister-in-law K. M. Lyell, provides an intimate view of Lyell's personal and professional life through the inclusion of his correspondence with family, friends and academic peers. His changing ideas concerning the validity of the theory of natural selection and other geological ideas are also examined through the inclusion of extracts from his private journal. Volume 1 covers Lyell's early life and career until 1836.
