Edmund Burke and the Natural LawTransaction Publishers, 10.03.2015 - 311 Seiten Today the idea of natural law as the basic ingredient in moral, legal, and political thought presents a challenge not faced for almost two hundred years. On the surface, there would appear to be little room in the contemporary world for a widespread belief in natural law. The basic philosophies of the opposition--the rationalism of the philosophes, the utilitarianism of Bentham, the materialism of Marx--appear to have made prior philosophies irrelevant. Yet these newer philosophies themselves have been overtaken by disillusionment born of conflicts between "might" and "right." Many thoughtful people who were loyal to secular belief have become dissatisfied with the lack of normative principles and have turned once more to natural law. This first book-length study of Edmund Burke and his philosophy, originally published in 1958, explores this intellectual giant's relationship to, and belief in, the natural law. It has long been thought that Edmund Burke was an enemy of the natural law, and was a proponent of conservative utilitarianism. Peter J. Stanlis shows that, on the contrary, Burke was one of the most eloquent and profound defenders of natural law morality and politics in Western civilization. A philosopher in the classical tradition of Aristotle and Cicero, and in the Scholastic tradition of Aquinas, Burke appealed to natural law in the political problems he encountered in American, Irish, Indian, and British affairs, and in reaction to the French Revolution. This book is as relevant today as it was when it was first published, and will be mandatory reading for students of philosophy, political science, law, and history. |
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... derived from and consistent with the classic natural law theory of St. Thomas Aquinas (71, 84, 112, 114, 123, 207, 214, 249). The broader natural law view of Burke goes much further back than Stanlis if we consider James Mackintosh, who ...
... derived: are they derived from some account of human nature, as the more traditional approach has held in emphasizing natural teleology, or are they formulated on the basis of goods immediately present to practical reason?24 This latter ...
... of the natural law lose their force.29 The human positive law is grounded in the precepts of the natural law and thus is derived from them. This happens in two ways: some laws are so close to INTRODUCTION TO THE TRANSACTION EDITION Xvii.
... derived from the natural law not as conclusions from premises, but by a process of determination (determinatio) , analogous to the way an artist or architect determines some general form to a particular instantiation.30 There are three ...
... and Cicero and the Scholastic tradition of St. Thomas Aquinas, Bracton, and Hooker. It was precisely for this reason that he was opposed to the eighteenth-century revolutionary "rights of man" which derived from Hobbes, Locke, and xxxiii.