Natural law and the sanctity of human life

2018 ◽  
pp. 120-137
Author(s):  
Jānis (John) T. Ozoliņš
Keyword(s):  
Natural Law ◽  
Human Life

Проблема морального содержания права в концепции Дж. Финниса

2018 ◽  
Vol 13 (3) ◽  
pp. 71
Author(s):  
V. Yu. Perov ◽  
A. D. Sevastianova
Keyword(s):  
Natural Law ◽  
Common Good ◽  
Human Life ◽  
Legal Positivism ◽  
Human Flourishing ◽  
Moral Content ◽  
The Subject ◽  
The Common ◽  
Law And Morality ◽  
John Finnis

The law and morality the interrelation issue has been the subject for many discussions, recent works in the philosophy field and law ethics of renowned authors as H. Hart, L. Fuller and J. Finnis, who contributed significantly to the topic. The key question about the moral content of law is examined within the polemics between theorists of legal positivism and natural law legal theorists. This article touches upon this issue by the example of the concept of John Finnis, one of the most brilliant contemporary law philosophers, his neo-naturalistic concept of natural law includes some ideas of modern positivism. J. Finnis claims natural law appears as a set of principles of practical reasonableness for the ordering of human life and the human community. Law acts as a method to ensure “the common good” of the community and is based on seven self-evident, as he believes the basic human goods necessary for the human flourishing. The requirements of practical reasonableness compose the content of natural law, contain recommendations on how to carry out these self-evident goods. For Finnis, the aim of law is to provide conditions, according to the requirements of practical reasonableness, in which these seven goods can be realized. It is outlined that J. Finnis regards law as a social institute which purpose is to regulate human affairs, and thus to promote the creation of a community where everyone could realize the seven fundamental goods for humankind.

The Natural Law Foundations of Medical Law

2019 ◽  
pp. 46-67 ◽  
Author(s):  
Robert P George ◽  
Christopher O Tollefsen
Keyword(s):  
Health Care ◽  
Medical Practice ◽  
Natural Law ◽  
Medical Profession ◽  
Human Life ◽  
Right To Health ◽  
Medical Decision ◽  
Medical Law ◽  
Moral Norms ◽  
Right To Health Care

This chapter seeks to identify the basic human goods that are the foundational principles of the natural law; a derived set of moral norms that emerge from consideration of the integral directiveness or prescriptivity of those foundational principles; and the implications of these norms for medical practice and medical law as regards four questions. First, how should medical practice and medical law be structured with respect to the intentional taking of human life by members of the medical profession? Second, who, in the clinical setting, has authority for medical decision making, and what standards should guide their decisions? Third, what standards should govern the distribution of health-care resources in society, and do those standards give reasons for thinking, from the natural law standpoint, that there is a ‘right to health care’? Fourth, what concern should be shown in medical practice and medical law for the rights of ‘physician conscience’?

From 'Convention' to 'Ethical Life': Hume's Theory of Justice in Post-Kantian Perspective

2010 ◽  
Vol 7 (1) ◽  
pp. 105-132 ◽  
Author(s):  
Kenneth Westphal
Keyword(s):  
Natural Law ◽  
Human Life ◽  
Social Practices ◽  
Moral Judgments ◽  
Ethical Life ◽  
Basic Principles ◽  
Moral Sentiments ◽  
Theory Of Justice ◽  
Modern Natural ◽  
Principles Of Justice

AbstractHume and contemporary Humeans contend that moral sentiments form the sole and sufficient basis of moral judgments. This thesis is criticized by appeal to Hume's theory of justice, which shows that basic principles of justice are required to form and to maintain society, which is indispensable to human life, and that acting according to, or violating, these principles is right, or wrong, regardless of anyone's sentiments, motives or character. Furthermore, Hume's theory of justice shows how the principles of justice are artificial without being arbitrary. In this regard, Hume's theory belongs to the unjustly neglected modern natural law tradition. Some key merits of this strand in Hume's theory are explicated by linking it to Kant's constructivist method of identifying and justifying practical principles (à la O'Neill), and by showing how and why Hegel adopted and further developed Kant's constructivism by re-integrating it with Hume's central natural law concern with our actual social practices.

The Perennial Either/Or

2021 ◽  
pp. 67-92
Author(s):  
Timothy P. Jackson
Keyword(s):  
Natural Law ◽  
Human Life ◽  
Image Of God ◽  
Human Beings ◽  
Moral Norms ◽  
Will To Power ◽  
Men And Women ◽  
The Image Of God ◽  
Survival Of The Fittest

I argue that the objective contrast between Judaism and Nazism is the perennial either/or between love and hate, humanity and inhumanity, a contrast that Hitler recognized in outline. The foremost natural law for Hitler was Darwinian survival of the fittest, but the basic divide between the biblical God and Hitler’s pantheism resonates through five related pairs of axiological poles and is applicable to both men and women: (1) a transcendent Creator who governs human life with love and justice versus an immanent creator that governs human life with survival of the fittest and will to power; (2) human solidarity based on sharing the image of God versus a master race destined to subordinate and/or eliminate inferiors; (3) universal moral norms binding on all human beings versus elitist privileges applicable only to the dominant few; (4) the relativizing of tribe and bodily instinct versus the valorizing of tribe; and (5) the treasuring of life, especially for the weak and vulnerable versus the celebration of death, especially for the weak and vulnerable.

scholarly journals Jhon Austin's Positivism Legal Policy: Convergence of Natural Law

2021 ◽  
Vol 8 (9) ◽  
pp. 401
Author(s):  
Arief Budiono ◽  
Dewi Iriani ◽  
Nunik Hariyani ◽  
Erma Ullul Janah
Keyword(s):  
Natural Law ◽  
Legal Theory ◽  
Human Life ◽  
Ancient Greece ◽  
Legal Positivism ◽  
Legal Research ◽  
Legal Policy ◽  
The Law ◽  
State Of Power ◽  
John Austin

Legal positivism is influenced by natural law from Ancient Greece, natural law comes from God to regulate human life. Humans were created by reason by God to make rules, John Austin stated that to make a rule sourced from orders or policies in the field of law by the king or parliament as the highest authority. This influenced the thinking of Hans Klesen with a pure legal theory that complies with hierarchical rules and sanctions, Hart's legal positivism explains that law comes from morals that regulate one's behavior. This paper is in the form of legal research in literature studies in the form of books and journals that discuss positivism legal policy, which is legal research, then analyzed using the John Austin doctrine. The advantage of the influence of natural law on legal positivism according to Austin is that it divides the law into two forms, namely the law from God for humans (the divine law), the law created by God for His creatures. Laws are compiled and made by humans, which consist of: Laws that are actually positive laws (properly so called), and laws that are not actually laws (improperly so called). 2. The doctrine of legal positivism, state power must be limited and controlled by law, the state must be constructed as a state of law and not a state of power. Every citizen is considered to have the same position, law enforcers to think and act legally formalistically, by placing legal justice as the goal of law.

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