scholarly journals God's Bridle: John Calvin's Application of Natural Law

2006 ◽  
Vol 22 (1) ◽  
pp. 225-254 ◽  
Author(s):  
C. Scott Pryor

Natural law has made a comeback in legal philosophy. The revival of natural law thinking in the legal academy began about thirty years ago and has managed to gain a seat at the table in current jurisprudential discussions. Defining natural law, Brian Bix declares that it “claims that there are fundamental and evaluative connections between the universe, human nature, and morality.” These connections need not have a Christian or even a theistic foundation. A belief in moral realism, that is, the propositions that “(1) there is an objective reality, (2) human beings can know something about it, and (3) there are some things that everyone can, and some things that everyone ought to, do in response to what they know,” ties together theistic and non-theistic versions of natural law. Yet many prominent contemporary natural law theorists—J. Budziszewski, John Finnis, Robert George, and Russell Hittinger —are Roman Catholic. Despite the fact that Finnis and George develop their natural law arguments without reference to any metaphysical states of affairs or transcendent truth claims, natural law continues to be associated with Thomas Aquinas and the subsequent scholastic tradition. Thus, even standards that Finnis and George derive from the internal rationality of law strike some as disguised theology.

2019 ◽  
Vol 24 (2) ◽  
pp. 343-367
Author(s):  
Roberto Paura

Transhumanism is one of the main “ideologies of the future” that has emerged in recent decades. Its program for the enhancement of the human species during this century pursues the ultimate goal of immortality, through the creation of human brain emulations. Therefore, transhumanism offers its fol- lowers an explicit eschatology, a vision of the ultimate future of our civilization that in some cases coincides with the ultimate future of the universe, as in Frank Tipler’s Omega Point theory. The essay aims to analyze the points of comparison and opposition between transhumanist and Christian eschatologies, in particular considering the “incarnationist” view of Parousia. After an introduction concern- ing the problems posed by new scientific and cosmological theories to traditional Christian eschatology, causing the debate between “incarnationists” and “escha- tologists,” the article analyzes the transhumanist idea of mind-uploading through the possibility of making emulations of the human brain and perfect simulations of the reality we live in. In the last section the problems raised by these theories are analyzed from the point of Christian theology, in particular the proposal of a transhuman species through the emulation of the body and mind of human beings. The possibility of a transhumanist eschatology in line with the incarnationist view of Parousia is refused.


Author(s):  
Mark S. Massa

This chapter is an extended examination of a revisionist approach to natural law, explored by Germain Grisez and John Finnis. Grisez and Finnis elucidated an entirely new paradigm that they believed to be both sounder intellectually than the paradigms of the neo-scholastics and revisionists and much closer in outline to the paradigm offered by St. Thomas Aquinas. This approach is usually labeled the “new natural law.” The author proposes that the entire “new natural law” project undertaken by Grisez and Finnis could be viewed as being about saving natural law by reestablishing it on distinctly different foundations that avoided any appeal to metaphysical claims, which modern science had long rejected as outdated and unscientific.


Author(s):  
Corrado Roversi

Are legal institutions artifacts? If artifacts are conceived as entities whose existence depends on human beings, then yes, legal institutions are, of course, artifacts. But an artifact theory of law makes a stronger claim, namely, that there is actually an explanatory gain to be had by investigating legal institutions as artifacts, or through the features of ordinary artifacts. This is the proposition explored in this chapter: that while this understanding of legal institutions makes it possible to find common ground between legal positivism and legal realism, it does not capture all of the insights offered by these two traditions. An artifact theory of law can therefore be necessary in explaining the law, but it will not suffice to that end. This chapter also posits that legal artifacts bear a relevant connection to certain conceptions of nature, thus vindicating one of the original insights behind natural law theory.


2020 ◽  
pp. 217-228
Author(s):  
Heather Eaton

This chapter reflects on the enduring quest of human beings to inhabit and understand the universe. Weaving together an account of the exterior (objective) and interior (subjective) facets of the cosmos, Heather Eaton finds the unique qualities of human subjectivity in symbolic consciousness and in the worldviews, narratives, and other systems of symbols through which humans interpret and respond to their surroundings. Along with symbols and narratives, learning about ecology involves attention to systems and interrelationships at multiple scales, from ecosystems to the biosphere.


Author(s):  
Kevin L. Flannery

This chapter presents Catholic teaching on the natural law as the product of a conversation over millennia. After offering some basic conceptual distinctions, the chapter begins by considering ancient non-Christian sources for Christian reflection on the natural law, especially Plato, Aristotle, and the Stoics. The chapter then considers relevant biblical texts and the teachings of Augustine and Thomas Aquinas. Attention is particularly played to Thomas’s adaptation of Classical traditions, and his argument concerning the unchangeablness of natural law. The final section of the chapter focuses on discussion of natural law after the Second Vatican Council (Vatican II) in the work of Germain Grisez and John Finnis.


Author(s):  
Anne K. Randerson

Purpose – The purpose of this paper is to focus on the religious and philosophical ways humans view nature, and how we perceive and treat our planet, including all its living entities. Its purpose is to make a positive influence on individuals living in the Eastern and Western hemispheres, so that those who are unaware may be given an unexpected glimpse at our current human situation, which appears increasingly discouraging with regard to sensitivity towards nature. Design/methodology/approach – By offering a subtle, insightful view of human nature and its connection to religion and the universe, rather than facts and statistics on pollution alone, this conceptual paper introduces theoretical and philosophical discussions from comparative literature as well as narratives from actual interviews conducted in Japan. Findings – As human beings, we need to better define our position in this world, in order to learn to appreciate the true value of our own existence. With regard to the question of where humans lie in nature, a basic difference exists between Asian and Western views. The Asian view of nature has traditionally regarded humans and the universe as continually interacting together – human beings are an integral part of life. This differs from the basic Western notion of humans and nature comprising two separate, opposing elements. Originality/value – This paper offers readers a deeper understanding of how humans feel and perceive nature, to help them realize how urgent it is for us to respect our natural resources on Earth.


Human Affairs ◽  
2012 ◽  
Vol 22 (2) ◽  
Author(s):  
Krzysztof Skowroński

AbstractIn the present paper, the author looks at the political dimension of some trends in the visual arts within twentieth-century avant-garde groups (cubism, expressionism, fauvism, Dada, abstractionism, surrealism) through George Santayana’s idea of vital liberty. Santayana accused the avant-gardists of social and political escapism, and of becoming unintentionally involved in secondary issues. In his view, the emphasis they placed on the medium (or diverse media) and on treating it as an aim in itself, not, as it should be, as a transmitter through which a stimulating relationship with the environment can be had, was accompanied by a focus on fragments of life and on parts of existence, and, on the other hand, by a de facto rejection of ontology and cosmology as being crucial to understanding life and the place of human beings in the universe. The avant-gardists became involved in political life by responding excessively to the events of the time, instead of to the everlasting problems that are the human lot.


2014 ◽  
Vol 54 (3) ◽  
pp. 303-322 ◽  
Author(s):  
KuuNUx TeeRIt Kroupa

In May 2009, the Arikara returned to the land of their ancestors along the Missouri River in South Dakota. For the first time in more than a half century, a Medicine Lodge was built for ceremony. The lodge has returned from its dormant state to regain its permanent place in Arikara culture. This event will be remembered as a significant moment in the history of the Arikara because it symbolizes a new beginning and hope for the people. Following this historic event, Arikara spiritual leader Jasper Young Bear offered to share his experience and deep insight into Arikara thought: You have to know that the universe is the Creator's dream, the Creator's mind, everything from the stars all the way to the deepest part of the ocean, to the most microscopic particle of the creation, to the creation itself, on a macro level, on a micro level. You have to understand all of those aspects to understand what the lodge represents. The lodge is a fractal, a symbolic representation of the universe itself. How do we as human beings try to make sense of that? That understanding, of how the power in the universe flows, was gifted to us through millennia of prayer and cultural development… It is important for us to internalize our stories, internalize the star knowledge, internalize those things and make that your way, make that your belief, because we're going to play it out inside the lodge. It only lives by us guys interacting with it and praying with it and bringing it to life… We're going to play out the wise sayings of the old people… So you see that it's an Arikara worldview. A learning process of how the universe functions is what you're actually experiencing [inside the Medicine Lodge]. What the old people were describing was the functioning of how we believed the universe behaves. And we had a deep, deep understanding of what that meant and how it was for us. So that's what you're actually seeing in the Medicine Lodge.


Author(s):  
Kenneth Pennington

One of the most notable characteristics of Western societies has been the development of individual and group rights in legal, theological, and philosophical thought of the first two millennia. It has often been noted that thinkers in Non-Western societies have not had the same preoccupation with rights. The very concept of rights is laden with numerous problems. Universality is the most basic and difficult. If human rights are only a product of Western ideas of justice, they cannot have universality. In an age that is dominated by conceptions of law embracing some form of legal positivism, many scholars recognize only individual rights that have been established by the constitutional jurisprudence of individual countries or their legal systems. Historically, the emergence of rights in European jurisprudence is intimately connected with the terms ius naturale and lex naturalis in Western jurisprudence and theological thought. Human beings may never agree on universal rules of a natural law, but they might agree on universal precepts that shape the penumbra of rights surrounding natural rights.


2018 ◽  
Vol 4 (2) ◽  
pp. 11-36
Author(s):  
Roger Raupp Rios

Examina-se de modo crítico a teoria da lei natural, de John Finnis, e sua defesa contra a possibilidade jurídica de reconhecimento do direito ao casamento entre pessoas do mesmo sexo, a partir de dois pontos de vista: a consistência interna da do referencial finnisiano e sua adequação diante do debate sobre direitos humanos. Examinam-se também as alegações associadas à defesa finnisiana, desde a proeminência de uma dita moral majoritária e da ofensa aos sentimentos públicos, até preocupações com a “promoção da homossexualidade”, suas consequências pretensamente prejudiciais aos menores e a fragilização da instituição do casamento. Apontam-se seus limites e sua incompatibilidade em face dos ideais democráticos que suplantaram os projetos nazi-fascistas no século XX, tomando como caso emblemático a decisão da Suprema Corte dos Estados Unidos no caso “Obergefell vs. Hodges”.


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