Includes bibliographical references (pages 480-483) and index.
SUMMARY OR ABSTRACT
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A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation'-between moral concern and other ultimate questions.
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First 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 thinking.
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The book closely integrates the philosophy of law with ethics, social theory and political philosophy and has offered generations of students and other readers a thorough grounding in the central issues of practical philosophy from a perspective both new and in close continuity with a classical mainstream. This fresh edition includes a substantial Postscript by the author, in which he clarifies and develops the theory in the light of thirty years of critical discussion and further work on these issues.
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The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings.
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The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws.