| |
| |
| Abbreviations | |
| |
| |
| |
| |
| |
| |
| Evaluation and the Description of Law | |
| |
| |
| |
| The Formation of Concepts for Descriptive Social Science | |
| |
| |
| |
| Attention to Practical Point | |
| |
| |
| |
| Selection of Central Case and Focal Meaning | |
| |
| |
| |
| Selection of Viewpoint | |
| |
| |
| |
| The Theory of Natural Law | |
| |
| |
| Notes | |
| |
| |
| |
| Images and Objections | |
| |
| |
| |
| Natural Law and Theories of Natural Law | |
| |
| |
| |
| Legal Validity and Morality | |
| |
| |
| |
| The Variety of Human Opinions and Practices | |
| |
| |
| |
| The Illicit Inference from Facts to Norms | |
| |
| |
| |
| Hume and Clarke on 'Is' and 'Ought' | |
| |
| |
| |
| Clarke's Antecedents | |
| |
| |
| |
| The 'Perverted Faculty' Argument | |
| |
| |
| |
| Natural Law and the Existence and Will of God | |
| |
| |
| Notes | |
| |
| |
| |
| |
| |
| |
| A Basic Form of Good: Knowledge | |
| |
| |
| |
| An Example | |
| |
| |
| |
| From Inclination to Grasp of Value | |
| |
| |
| |
| Practical Principle and Participation in Value | |
| |
| |
| |
| The Self-evidence of the Good of Knowledge | |
| |
| |
| |
| 'Object of Desire' and Objectivity | |
| |
| |
| |
| Scepticism about this Basic Value is Indefensible | |
| |
| |
| Notes | |
| |
| |
| |
| The Other Basic Values | |
| |
| |
| |
| Theoretical Studies of 'Universal' Values | |
| |
| |
| |
| The Basic Forms of Human Good: A Practical Reflection | |
| |
| |
| |
| Life | |
| |
| |
| |
| Knowledge | |
| |
| |
| |
| Play | |
| |
| |
| |
| Aesthetic experience | |
| |
| |
| |
| Sociability (friendship) | |
| |
| |
| |
| Practical reasonableness | |
| |
| |
| |
| 'Religion' | |
| |
| |
| |
| An Exhaustive List? | |
| |
| |
| |
| All Equally Fundamental | |
| |
| |
| |
| Is Pleasure the Point of It All? | |
| |
| |
| Notes | |
| |
| |
| |
| The Basic Requirements of Practical Reasonableness | |
| |
| |
| |
| The Good of Practical Reasonableness Structures Our Pursuit of Goods | |
| |
| |
| |
| A Coherent Plan of Life | |
| |
| |
| |
| No Arbitrary Preferences Amongst Values | |
| |
| |
| |
| No Arbitrary Preferences Amongst Persons | |
| |
| |
| |
| Detachment and Commitment | |
| |
| |
| |
| The (Limited) Relevance of Consequences: Efficiency, Within Reason | |
| |
| |
| |
| Respect for Every Basic Value in Every Act | |
| |
| |
| |
| The Requirements of the Common Good | |
| |
| |
| |
| Following One's Conscience | |
| |
| |
| |
| The Product of these Requirements: Morality | |
| |
| |
| Notes | |
| |
| |
| |
| Community, Communities, and Common Good | |
| |
| |
| |
| Reasonableness and Self-interest | |
| |
| |
| |
| Types of Unifying Relationship | |
| |
| |
| |
| 'Business' Community and 'Play' Community | |
| |
| |
| |
| Friendship | |
| |
| |
| |
| 'Communism' and 'Subsidiarity' | |
| |
| |
| |
| Complete Community | |
| |
| |
| |
| The Existence of a Community | |
| |
| |
| |
| The Common Good | |
| |
| |
| Notes | |
| |
| |
| |
| Justice | |
| |
| |
| |
| Elements of Justice | |
| |
| |
| |
| General Justice | |
| |
| |
| |
| Distributive Justice | |
| |
| |
| |
| Criteria of Distributive Justice | |
| |
| |
| |
| Commutative Justice | |
| |
| |
| |
| Justice and the State | |
| |
| |
| |
| An Example of Justice: Bankruptcy | |
| |
| |
| Notes | |
| |
| |
| |
| Rights | |
| |
| |
| |
| 'Natural', 'Human', or 'Moral' Rights | |
| |
| |
| |
| An Analysis of Rights-talk | |
| |
| |
| |
| Are Duties 'Prior to' Rights? | |
| |
| |
| |
| Rights and the Common Good | |
| |
| |
| |
| The Specification of Rights | |
| |
| |
| |
| Rights and Equality of Concern and Respect | |
| |
| |
| |
| Absolute Human Rights | |
| |
| |
| Notes | |
| |
| |
| |
| Authority | |
| |
| |
| |
| The Need for Authority | |
| |
| |
| |
| The Meanings of 'Authority' | |
| |
| |
| |
| Formation of Conventions or Customary Rules | |
| |
| |
| |
| The Authority of Rulers | |
| |
| |
| |
| 'Bound By Their Own Rules'? | |
| |
| |
| Notes | |
| |
| |
| |
| Law | |
| |
| |
| |
| Law and Coercion | |
| |
| |
| |
| Unjust Punishment | |
| |
| |
| |
| The Main Features of Legal Order | |
| |
| |
| |
| The Rule of Law | |
| |
| |
| |
| Limits of the Rule of Law | |
| |
| |
| |
| A Definition of Law | |
| |
| |
| |
| Derivation of 'Positive' from 'Natural' Law | |
| |
| |
| Notes | |
| |
| |
| |
| Obligation | |
| |
| |
| |
| 'Obligation', 'Ought', and Rational Necessity | |
| |
| |
| |
| Promissory Obligation | |
| |
| |
| |
| Variable and Invariant Obligatory Force | |
| |
| |
| |
| 'Legally Obligatory': the Legal Sense and the Moral Sense | |
| |
| |
| |
| Contractual Obligation in Law: Performance or Compensation? | |
| |
| |
| |
| Legal Obligation in the Moral Sense: Performance or Submission to Penalty? | |
| |
| |
| |
| Obligation and Legislative Will | |
| |
| |
| |
| 'Reason' and 'Will' in Decision, Legislation, and Compliance with Law | |
| |
| |
| |
| Moral Obligation and God's Will | |
| |
| |
| Notes | |
| |
| |
| |
| Unjust Laws | |
| |
| |
| |
| A Subordinate Concern of Natural Law Theory | |
| |
| |
| |
| Types of Injustice in Law | |
| |
| |
| |
| Effects of Injustice on Obligation | |
| |
| |
| |
| 'Lex Injusta Non Est Lex' | |
| |
| |
| Notes | |
| |
| |
| |
| |
| |
| |
| Nature, Reason, God | |
| |
| |
| |
| Further Questions about the Point of Human Existence | |
| |
| |
| |
| Orders, Disorders, and the Explanation of Existence | |
| |
| |
| |
| Divine Nature and 'Eternal Law': Speculation and Revelation | |
| |
| |
| |
| Natural Law as 'Participation of Eternal Law' | |
| |
| |
| |
| Concluding Reflections on the Point and Force of Practical Reasonableness | |
| |
| |
| Notes | |
| |
| |
| Postscript | |
| |
| |
| Bibliography | |
| |
| |
| Index | |