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Natural Law in Jurisprudence and Politics

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ISBN-10: 0521859301

ISBN-13: 9780521859301

Edition: 2006

Authors: Mark C. Murphy, Jules Coleman, Antony Duff, David Lyons, Neil MacCormick

List price: $95.99
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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 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…    
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Book details

List price: $95.99
Copyright year: 2006
Publisher: Cambridge University Press
Publication date: 3/13/2006
Binding: Hardcover
Pages: 206
Size: 5.98" wide x 9.02" long x 0.63" tall
Weight: 1.056
Language: English

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