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    Natural Law in Jurisprudence and Politics

    ISBN-10: 0521859301
    ISBN-13: 9780521859301
    Author(s): Mark C. Murphy, Jules Coleman, Antony Duff, David Lyons, Neil MacCormick
    Description: Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. Mark C. Murphy argues that the central thesis of natural law jurisprudence--that law is backed by decisive reasons for  More...
    List price: $109.99
    Buy it from: $106.49
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    List Price: $109.99
    Publisher: Cambridge University Press
    Binding: Hardcover
    Pages: 206
    Size: 5.98" wide x 8.98" long x 0.63" tall
    Weight: 1.056
    Language: English

    Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. Mark C. Murphy argues that the central thesis of natural law jurisprudence--that law is backed by decisive reasons for compliance--sets the agenda for natural law political philosophy, which demonstrates how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.

    Acknowledgments
    Introduction: Natural Law Jurisprudence and Natural Law Political Philosophy
    The Central Claims of Natural Law Jurisprudence and Natural Law Political Philosophy
    Natural Law and Practical Rationality
    Natural Law Jurisprudence Formulated
    The Fundamental Claim of Natural Law Jurisprudence
    Natural Law Theory and Legal Positivism
    Natural Law Jurisprudence Defended
    Three Routes to the Weak Natural Law Thesis
    The Legal Point of View and the Weak Natural Law Thesis
    Law's Function and the Weak Natural Law Thesis
    Illocutionary Acts and the Weak Natural Law Thesis
    The Relation Between the Function and Illocutionary Acts Arguments
    The Weak Natural Law Thesis, the Strong Natural Law Thesis, and Legal Positivism
    The Agenda for Natural Law Political Philosophy
    The Common Good
    The Common Good in Natural Law Political Philosophy
    The Argument for the Aggregative Conception of the Common Good
    Against the Instrumentalist Conception of the Common Good
    Against the Distinctive Good Conception of the Common Good
    Utilitarianism and the Aggregative Conception of the Common Good
    The Common Good Principle
    The Natural Law Rejection of Consent Theory
    Consent and Natural Law Theories, Classical and Contemporary
    The Argument From Consent
    Against Consent Theories: Implausible AB Initio
    Against Consent Theories: The Paucity of Consent
    Against Consent Theories: Incompatible with the Natural Law View
    Against Consent Theories: Unnecessary (the Salient Coordinator Account)
    The Refutation of the Salient Coordinator Account
    A Consent Theory of the Authority of Law
    A Non-Standard Consent Account
    Law and the Common Good Principle
    How Can Determinations Bind?
    Open-Ended Determinations
    The Natural Law/Consent Account of Political Authority
    The Unique Appropriateness of Consent in the Acceptance Sense
    How Far does This Consent View Establish the Law's Authority?
    The Authority of Law and Legal Punishment
    The Place of Punishment Within a Natural Law Account of Politics
    The Quasi-Utilitarian Natural Law Account of Punishment Rejected
    The Equality Natural Law Account of Punishment Rejected
    Natural Law Retributivism
    Difficulties with Retributivist Theories
    Acting in Light of the Good: Promotion and Expression
    Difficulties with Expressive Views of Punishment
    Authority, Coercion, and Punishment
    Beneath and Beyond the Common Good
    Two Challenges to the Common Good Principle
    Why the Challenges are Especially Difficult to Meet
    The Aristotelian Reply to the Challenges to the Common Good Principle
    Doubts About the Aristotelian Reply
    Works Cited
    Index

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