2. Natural law and morality

2020 ◽  
pp. 20-73
Author(s):  
Raymond Wacks

This chapter discusses the relationship between the ancient classical theory of natural law and its application to contemporary moral questions. It considers the role of natural law in political philosophy, the decline of the theory of natural law, and its revival in the twentieth century. The principal focus is on John Finnis’s natural law theory based largely on the works of St Thomas Aquinas. The chapter posits a distinction between ‘hard’ and ‘soft’ natural law, examines the notion of moral realism, and examines the tension between law and morality; and the subject of the moral dilemmas facing judges in unjust societies.

Author(s):  
Raymond Wacks

This chapter discusses a number of issues, including the following: classical natural law theory; natural law in political philosophy, including the approaches of Hobbes, Locke, and Rousseau; the decline of natural law theory and the influence of Hume; the revival of natural law theory especially in the period after the Second World War; John Finnis’s classical natural law theory; hard and soft natural law; moral realism; law and morality and the Hart–Fuller, and Hart–Devlin debates. Controversial issues are addressed in the consideration of questions relating to abortion and euthanasia, and the chapter ends with a case study on judicial morality.


Author(s):  
Ejeh Paulinus C.

This paper titled: “Kant’s Categorical Imperative and Aquinas’ Natural Law Theory: A Critical and Comparative Analysis”, is an attempt towards a better understanding of the compatibility or otherwise, that may exist between the works of the two great minds in the history of philosophy-Thomas Aquinas and Immanuel Kant. The paper aims at a critical comparison of the basic premises of Kant’s and Aquinas’s ethical philosophy, intending to find similarities and dissimilarities as well as compatibility or incompatibility between them. This paper adopts a conceptual clarification of our discourse and engages in an analytic, critical exposition, and appraisal of the subject matters.


1994 ◽  
Vol 7 (2) ◽  
pp. 207-216
Author(s):  
Brian Scarlett

The article first outlines the argument of the papal encyclical letter and treats in particular its understanding of the relationship between critical thought and ecclesiastical authority. It proceeds to examine the letter's use of natural law theory and Thomas Aquinas, concluding that the letter rests on an uncertain philosophical base.


2021 ◽  
pp. 097168582110159
Author(s):  
Sital Mohanty ◽  
Subhasis Sahoo ◽  
Pranay Kumar Swain

Science, technology and human values have been the subject of enquiry in the last few years for social scientists and eventually the relationship between science and gender is the subject of an ongoing debate. This is due to the event of globalization which led to the exponential growth of new technologies like assisted reproductive technology (ART). ART, one of the most iconic technological innovations of the twentieth century, has become increasingly a normal social fact of life. Since ART invades multiple human discourses—thereby transforming culture, society and politics—it is important what is sociological about ART as well as what is biological. This article argues in commendation of sociology of technology, which is alert to its democratic potential but does not concurrently conceal the historical and continuing role of technology in legitimizing gender discrimination. The article draws the empirical insights from local articulations (i.e., Odisha state in eastern India) for the understandings of motherhood, freedom and choice, reproductive right and rights over the body to which ART has contributed. Sociologically, the article has been supplemented within the broader perspectives of determinism, compatibilism alongside feminism.


2019 ◽  
Vol 1 (1) ◽  
pp. 177-183
Author(s):  
Jan Guncaga ◽  
Lilla Korenova ◽  
Jozef Hvorecky

AbstractLearning is a complex phenomenon. Contemporary theories of education underline active participation of learners in their learning processes. One of the key arguments supporting this approach is the learner’s simultaneous and unconscious development of their ability of “learning to learn”. This ability belongs to the soft skills highly valued by employers today.For Mathematics Education, it means that teachers have to go beyond making calculations and memorizing formulas. We have to teach the subject in its social context. When the students start understanding the relationship between real-life problems and the role of numbers and formulas for their solutions, their learning becomes a part of their tacit knowledge. Below we explain the theoretical background of our approach and provide examples of such activities.


2021 ◽  
Vol 22 (12) ◽  
pp. 6222
Author(s):  
Kacper Szewczyk ◽  
Aleksandra Chojnacka ◽  
Magdalena Górnicka

Tocopherols and tocotrienols are natural compounds of plant origin, available in the nature. They are supplied in various amounts in a diet, mainly from vegetable oils, some oilseeds, and nuts. The main forms in the diet are α- and γ-tocopherol, due to the highest content in food products. Nevertheless, α-tocopherol is the main form of vitamin E with the highest tissue concentration. The α- forms of both tocopherols and tocotrienols are considered as the most metabolically active. Currently, research results indicate also a greater antioxidant potential of tocotrienols than tocopherols. Moreover, the biological role of vitamin E metabolites have received increasing interest. The aim of this review is to update the knowledge of tocopherol and tocotrienol bioactivity, with a particular focus on their bioavailability, distribution, and metabolism determinants in humans. Almost one hundred years after the start of research on α-tocopherol, its biological properties are still under investigation. For several decades, researchers’ interest in the biological importance of other forms of vitamin E has also been growing. Some of the functions, for instance the antioxidant functions of α- and γ-tocopherols, have been confirmed in humans, while others, such as the relationship with metabolic disorders, are still under investigation. Some studies, which analyzed the biological role and mechanisms of tocopherols and tocotrienols over the past few years described new and even unexpected cellular and molecular properties that will be the subject of future research.


Religions ◽  
2021 ◽  
Vol 12 (8) ◽  
pp. 613
Author(s):  
Christopher Tollefsen

Critics of the “New” Natural Law (NNL) theory have raised questions about the role of the divine in that theory. This paper considers that role in regard to its account of human rights: can the NNL account of human rights be sustained without a more or less explicit advertence to “the question of God’s existence or nature or will”? It might seem that Finnis’s “elaborate sketch” includes a full theory of human rights even prior to the introduction of his reflections on the divine in the concluding chapter of Natural Law and Natural Rights. But in this essay, I argue that an adequate account of human rights cannot, in fact, be sustained without some role for God’s creative activity in two dimensions, the ontological and the motivational. These dimensions must be distinguished from the epistemological dimension of human rights, that is, the question of whether epistemological access to truths about human rights is possible without reference to God’s existence, nature, or will. The NNL view is that such access is possible. However, I will argue, the epistemological cannot be entirely cabined off from the relevant ontological and motivational issues and the NNL framework can accommodate this fact without difficulty.


Kant Yearbook ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 49-71
Author(s):  
Mike L. Gregory

Abstract Kant’s Naturrecht Feyerabend has recently gained more sustained attention for its role in clarifying Kant’s published positions in political philosophy. However, too little attention has been given to the lecture’s relation to Gottfried Achenwall, whose book was the textbook for the course. In this paper, I will examine how Kant rejected and transforms Achenwall’s natural law system in the Feyerabend Lectures. Specifically, I will argue that Kant problematizes Achenwall’s foundational notion of a divine juridical state which opens up a normative gap between objective law (prohibitions, prescriptions and permissions) and subjective rights (moral capacities). In the absence of a divine sovereign, formal natural law is unable to justify subjective natural rights in the state of nature. In the Feyerabend Lectures, Kant, in order to close this gap, replaces the divine will with the “will of society”, making the state necessary for the possibility of rights.


1987 ◽  
Vol 53 (4) ◽  
pp. 295-299 ◽  
Author(s):  
Marleen Pugach ◽  
Mara Sapon-Shevin

The calls for educational reform that have dominated the professional and lay literature for the past few years have been decidedly silent in discussing the role of special education either as a contributor or a solution to the problems being raised. As an introduction to this “Special Focus” on the relationship between general educational reform and special education, this article summarizes some of the more prominent reports with regard to their treatment (and nontreatment) of special education. The impact of proposed reforms for the conceptualization and operation of special education is the subject of the five articles that follow.


Symmetry ◽  
2018 ◽  
Vol 10 (11) ◽  
pp. 557 ◽  
Author(s):  
Jiaru Li ◽  
Fangwei Zhang ◽  
Qiang Li ◽  
Jing Sun ◽  
Janney Yee ◽  
...  

The subject of this study is to explore the role of cardinality of hesitant fuzzy element (HFE) in distance measures on hesitant fuzzy sets (HFSs). Firstly, three parameters, i.e., credibility factor, conservative factor, and a risk factor are introduced, thereafter, a series of novel distance measures on HFSs are proposed using these three parameters. These newly proposed distance measures handle the relationship between the cardinal number and the element values of hesitant fuzzy set well, and are suitable to combine subjective and objective decision-making information. When using these functions, decision makers with different risk preferences are allowed to give different values for these three parameters. In particular, this study transfers the hesitance degree index to a credibility of the values in HFEs, which is consistent with people’s intuition. Finally, the practicability of the newly proposed distance measures is verified by two examples.


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