The disintegration of natural law theory : Aquinas to Finnis /
Westerman, Pauline C.
The disintegration of natural law theory : Aquinas to Finnis / by Pauline C. Westerman. - 1 online resource (xii, 313 pages) - Brill's studies in intellectual history, v. 84 0920-8607 ; . - Brill's Studies in Intellectual History 84. Brill's Studies in Intellectual History Online, ISBN: 9789004253339. .
Includes bibliographical references (p. [299]-305) and index.
Preliminary Material -- Introduction -- Aquinas's variations on a divine theme -- Aquinas's awareness of contingency -- Suárez's distinction between creation and legislation -- The limits of Suárez's natural law theory -- Grotius's humanisation of natural law -- Grotius's shift from natural law to natural rights -- Pufendorf's divine conductor -- Pufendorfs reconstruction of rationality -- Finnis's natural law without nature -- Finnis's decisionism -- Epilogue -- References -- Index.
Available to subscribing member institutions only.
John Finnis's proposal to rehabilitate Aquinas's natural law theory as an appropriate foundation of legal and moral theory rests on the assumption that Aquinas's theory can be restored by eliminating the mistaken interpretations of subsequent natural law theorists. This book challenges that assumption. After a brief analysis of Aquinas, the theories of Suárez, Grotius, and Pufendorf are investigated. It is argued that their theories are no 'mistakes', but attempts at solving problems inherent in natural law theory. As these attempts all fail, tensions remain, and ultimately lead to the demise of the theory. Finally it is argued that Finnis, running into the same problems, cannot hope to restore Aquinas's theoretical edifice.
9789004247383
10.1163/9789004247383 DOI
97038234
Natural law--History.
K415 / .W47 1998
340/.112
The disintegration of natural law theory : Aquinas to Finnis / by Pauline C. Westerman. - 1 online resource (xii, 313 pages) - Brill's studies in intellectual history, v. 84 0920-8607 ; . - Brill's Studies in Intellectual History 84. Brill's Studies in Intellectual History Online, ISBN: 9789004253339. .
Includes bibliographical references (p. [299]-305) and index.
Preliminary Material -- Introduction -- Aquinas's variations on a divine theme -- Aquinas's awareness of contingency -- Suárez's distinction between creation and legislation -- The limits of Suárez's natural law theory -- Grotius's humanisation of natural law -- Grotius's shift from natural law to natural rights -- Pufendorf's divine conductor -- Pufendorfs reconstruction of rationality -- Finnis's natural law without nature -- Finnis's decisionism -- Epilogue -- References -- Index.
Available to subscribing member institutions only.
John Finnis's proposal to rehabilitate Aquinas's natural law theory as an appropriate foundation of legal and moral theory rests on the assumption that Aquinas's theory can be restored by eliminating the mistaken interpretations of subsequent natural law theorists. This book challenges that assumption. After a brief analysis of Aquinas, the theories of Suárez, Grotius, and Pufendorf are investigated. It is argued that their theories are no 'mistakes', but attempts at solving problems inherent in natural law theory. As these attempts all fail, tensions remain, and ultimately lead to the demise of the theory. Finally it is argued that Finnis, running into the same problems, cannot hope to restore Aquinas's theoretical edifice.
9789004247383
10.1163/9789004247383 DOI
97038234
Natural law--History.
K415 / .W47 1998
340/.112