Natural Law in Jurisprudence And Politics,9780521859301

Natural Law in Jurisprudence And Politics

by
ISBN13: 9780521859301
ISBN10: 0521859301
Format: Hardcover
Pub. Date: 2006-03-13
Publisher(s): Cambridge University Press
  • Free Shipping Icon

    This Item Qualifies for Free Shipping!*

    *Excludes marketplace orders.

List Price: $133.35

Buy New

Arriving Soon. Will ship when available.
$127.00
Add to Cart

Rent Textbook

Select for Price
Add to Cart
There was a problem. Please try again later.

Used Textbook

We're Sorry
Sold Out

eTextbook

We're Sorry
Not Available

Buy from our Marketplace starting at $61.35

How Marketplace Works:

  • This item is offered by an independent seller and not shipped from our warehouse
  • Item details like edition and cover design may differ from our description; see seller's comments before ordering.
  • Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
  • Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
  • Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.

Summary

Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. Mark C. Murphy argues that the central thesis of natural law jurisprudence--that law is backed by decisive reasons for compliance--sets the agenda for natural law political philosophy, which demonstrates how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.

Table of Contents

Acknowledgments xiii
Introduction: Natural Law Jurisprudence and Natural Law Political Philosophy 1(1)
The Central Claims of Natural Law Jurisprudence And Natural Law Political Philosophy
1(3)
Natural Law And Practical Rationality
4(4)
Natural Law Jurisprudence Formulated
8(17)
The Fundamental Claim of Natural Law Jurisprudence
8(12)
Natural Law Theory And Legal Positivism
20(5)
Natural Law Jurisprudence Defended
25(36)
Three Routes to The Weak Natural Law Thesis
25(1)
The Legal Point of View And The Weak Natural Law Thesis
26(3)
Law's Function And The Weak Natural Law Thesis
29(8)
Illocutionary Acts And The Weak Natural Law Thesis
37(19)
The Relation Between The Function And Illocutionary Acts Arguments
56(1)
The Weak Natural Law Thesis, The Strong Natural Law Thesis, And Legal Positivism
57(2)
The Agenda For Natural Law Political Philosophy
59(2)
The Common Good
61(30)
The Common Good in Natural Law Political Philosophy
61(2)
The Argument For The Aggregative Conception of The Common Good
63(2)
Against The Instrumentalist Conception of The Common Good
65(7)
Against The Distinctive Good Conception of The Common Good
72(8)
Utilitarianism And The Aggregative Conception of The Common Good
80(5)
The Common Good Principle
85(6)
The Natural Law Rejection of Consent Theory
91(21)
Consent And Natural Law Theories, Classical And Contemporary
91(2)
The Argument From Consent
93(2)
Against Consent Theories: Implausible AB Initio
95(2)
Against Consent Theories: The Paucity of Consent
97(4)
Against Consent Theories: Incompatible With The Natural Law View
101(1)
Against Consent Theories: Unnecessary (the Salient Coordinator Account)
102(7)
The Refutation of The Salient Coordinator Account
109(3)
A Consent Theory of the Authority of Law
112(21)
A Non-Standard Consent Account
112(2)
Law And The Common Good Principle
114(1)
How Can Determinations Bind?
114(4)
Open-Ended Determinations
118(2)
The Natural Law/Consent Account of Political Authority
120(3)
The Unique Appropriateness of Consent in The Acceptance Sense
123(2)
How Far Does This Consent View Establish The Law's Authority?
125(8)
The Authority of Law and Legal Punishment
133(35)
The Place of Punishment Within a Natural Law Account of Politics
133(3)
The Quasi-Utilitarian Natural Law Account of Punishment Rejected
136(3)
The Equality Natural Law Account of Punishment Rejected
139(3)
Natural Law Retributivism
142(1)
Difficulties With Retributivist Theories
143(9)
Acting in Light of The Good: Promotion And Expression
152(7)
Difficulties With Expressive Views of Punishment
159(3)
Authority, Coercion, And Punishment
162(6)
Beneath and Beyond the Common Good
168(9)
Two Challenges to The Common Good Principle
168(3)
Why The Challenges Are Especially Difficult to Meet
171(1)
The Aristotelian Reply to The Challenges to The Common Good Principle
172(3)
Doubts About The Aristotelian Reply
175(2)
Works Cited 177(8)
Index 185

An electronic version of this book is available through VitalSource.

This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.

By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.

A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.

Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.

Please view the compatibility matrix prior to purchase.