The Southern judiciary countered the argument of natural law by evoking the argument that, within a democracy, positive law trumped natural law. |
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Recently there has been a tendency to revive the rule, although it is no longer based on natural law. |
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In this way, Kant renders a service akin to that which Aristotle, Aquinas, and Locke offer though their descriptions of natural law. |
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But for the scholastics, the scriptural basis of natural law provided a way of determining those aspects of human nature that are normative. |
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Finally, the Stoics believed that human beings were all meant to follow natural law, which arises from reason. |
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You have to go back to the fundamental principle upon which modern civilization was based, the principle of modern natural law. |
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Once unhinged from the higher natural law, the positive law of our legislatures and our courts became like paper money unhinged from gold. |
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Liberals for their part must resist the use of theology and natural law as a basis of coercive state policy. |
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Just War teaching is a derivation of basic moral principles from natural law. |
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This defense was rejected, and natural law theorists proclaimed a victory over logical positivism. |
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It is a model that applies both a human and a divine teleology through Thomas's hallmark ethics of natural law. |
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Moral philosophy reposes on natural law precepts as common presuppositions, but its advice will be true only in the main. |
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Instead, evil becomes abstract and inescapable, defiant of natural law and irreducible to a single bad person or wrong action. |
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This natural law is the foundation of criminalistics and is the motivation behind the acquisition and analysis of trace evidence. |
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Property represented a problem for medieval economic thinkers because both scripture and natural law sanctioned the community of goods. |
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Such interconnection is traditionally asserted in the principle of causality or natural law. |
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Instead, reliable human access to natural law is a matter of noetic knowledge, of personal spiritual experience with God. |
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Scholastics' responses to Catharism in particular drew extensively on their concept of the natural law. |
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Natural Family Planning cooperates with the natural law and teaches that fertility is to be treasured, not feared. |
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For example, Albert the Great remarked that the more general a precept is, the more properly it may be said to belong to the natural law. |
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He was certainly no British doctrinal conservative, looking to God, natural law, loyalty and duty. |
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Individualist feminism advocated equal treatment of all human beings under natural law. |
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On the one hand, the bishops seemed simply to ignore many of the requirements of the natural law expressed in canon law. |
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The principles of natural law gained ground, and accompanying them came a growing belief in the equality of all human beings. |
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For Elizabethans, positive law derives from natural law, which itself flows from the divine will. |
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This problem of the efficacy of natural law is strategically important to the pro-life movement. |
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This decision was based on natural law principles, rather than on the legal positivism espoused by the Supreme Court judges in the X case. |
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When you have children, and have a family, a very beautiful, natural law comes into your life. |
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Therefore, maintaining life in accord with natural law is real natural medicine. |
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The Ten Commandments, except the Sabbath law, are found nearly universally in human societies diverse in space and time and so are taken to be natural law for all humans. |
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As an historical matter, positivism arose in opposition to classical natural law theory, according to which there are necessary moral constraints on the content of law. |
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There is, Maritain holds, a single natural law governing all beings with a human nature. |
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The right to marriage is based on natural law, but this right is not in itself absolute. |
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Thirdly, promoting moral truth in public life calls for a constant effort to base positive law upon the ethical principles of natural law. |
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The group lives by the idea of promoting the peace and prosperity of every individual and every nation through transcendental meditation and the observance of natural law. |
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From this standpoint, the norms of the natural law should not be viewed as externally imposed decrees, as restraints upon human freedom. |
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The characterisation of natural law and positive law is of some significance although in substance their adherents have only limited areas of disagreement. |
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There is no natural exception to this rule of natural law other than for persons within certain degrees of kinship. |
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The triumphs of science have been gained by studying facts, by seeking out the natural law and working in harmony with it. |
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Cockburn's morality is best described as a broadly rationalistic natural law theory that draws strongly on Locke's concept of reflection. |
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Does not natural law constitute this foundation, with the non-negotiable values that it indicates? |
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Dr. Malcolmson is the author of scholarly articles and reviews on Canadian politics, legal and political theory, natural law and rights. |
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But what is possible is not determined by some external truth or natural law. |
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The qualification was based on the idea that a person can forfeit his natural rights to life and liberty by a suitably serious violation of natural law. |
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Arguments can be constructed from natural law about human equality to support feminist positions inconsistent with George's convictions about marriage and the family. |
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You want hear me say that because I believe that the physics of natural law or of God trump whatever man tries to do. |
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The second is philosophical naturalism, which says that everything in the universe is governed by natural law and nothing ever circumvents that law. |
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Religious groups likely will adopt discursive strategies based on natural law and human rights, which will have substantial effects on their own identity. |
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According to natural law ethical theory, the moral standards that govern human behavior are, in some sense, objectively derived from the nature of human beings. |
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Basically Andy is arguing that morals need to be based in natural law. |
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His party switch had seemed ludicrous at the time, as any Georgian with a trace of political awareness knew a Democrat-run Peach State was a tenet of natural law. |
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Conjuring, also called magic, prestidigitation, or sleight of hand, the theatrical representation of the defiance of natural law. |
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Contemplating this melancholy state of humanity, the council wishes, above all things else, to recall the permanent binding force of universal natural law and its all-embracing principles. |
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He seeks to find a parsimonious basis for a moral beginning for society, a kind of natural law that everyone could accept. |
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This permanence of muliebrity serves to indicate the requirements of natural law. |
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In both nations, the influence of natural law the idea that laws binding upon humanity are inferable from nature increased, along with the influence of the exact sciences. |
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Parapsychological phenomenon, also called PSI phenomenon, any of several types of events that cannot be accounted for by natural law or knowledge apparently acquired by other than usual sensory abilities. |
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But Fuller's primary concern, like that of the wider tradition of natural law theory, is with rationality and the specific implication of fully coherent reasonableness: morally reasonable judgment and choice. |
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When a society issues arbitrary laws that reject the primacy of natural law, the result is not only the risk of social chaos and disorder but, as the 20th century witnessed, a potential basis for state totalitarianism. |
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When natural law and the responsibility it entails are denied this dramatically paves the way to ethical relativism at the individual level and to totalitarianism of the State at the political level. |
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Parents' respectful and religious attitude towards God's Law lets their children perceive in their hearts who the real author and lawmaker is of natural law and the divine precepts. |
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It is clear that the primacy of the law to which the Charter refers in its preamble and its mention of the supremacy of God is the primacy of natural law over positive law. |
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This is why we refer to natural law, a law whose components are more universal and immutable than particular social and cultural realities that change with time. |
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The precepts of the natural law are also knowable by nature. |
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International natural law evolved from the law of the community of States into the law of the international community, and is now increasingly becoming the law of mankind. |
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Is the law of succession based in natural law, or merely in positive laws? |
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Nothing, absolutely nothing is exceptable from this natural law. |
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The Commission supported the participation of Darlene Sanderson, who has recently completed a PhD focused on indigenous perspectives on water in the areas of health, education, natural law, and the environment. |
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It is time for you to understand that the origin of man is not a sin, but that his birth is the result of the fulfillment of a natural law, a law which not only man fulfills but all creatures which comprise nature. |
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Another interesting lesson learnt from this indicator was that the apparently natural law of proportionality tended to lose clout in recent years. |
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What had been viewed as historical luck was then declared a natural law. |
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This is a natural law and the boys understood it easily. |
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Ius Naturale encompassed natural law, the body of laws that were considered common to all beings. |
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The social position of these laboring classes was viewed as ordained by natural law and common religious belief. |
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Early Irish law mentions in a number of places recht aicned or natural law. |
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Frazer saw myths as a misinterpretation of magical rituals, which were themselves based on a mistaken idea of natural law. |
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They were proponents of natural law, created by the King's authority, not by any individual judge. |
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The treatise advances a system of principles of natural law, which are held to be binding on all people and nations regardless of local custom. |
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Both biblical revelation and natural law originated in God and could therefore not contradict each other. |
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Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations. |
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Another approach to natural law jurisprudence generally asserts that human law may be supported by decisive reasons for action. |
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Notions of an objective moral order, external to human legal systems, underlie natural law. |
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Strongly related to theories of natural law are classical theories of justice, beginning in the West with Plato's Republic. |
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His association with natural law is largely due to the way in which he was interpreted by Thomas Aquinas. |
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This can be taken as a statement that is similar to the views of modern natural law theorists. |
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Aristotle's theoretical paternity of the natural law tradition is consequently disputed. |
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This somewhat nebulous claim has been the favorite apophthegm of natural law theorists. |
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Central to the new natural law approach is an avoidance of metaphysics and a disavowal of biologistic teleology. |
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Although no longer as skeptical as he was in his youth of consequentialism, Epstein continues to found his case for freedom on natural law. |
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An excellent chapter relates synderesis, conscience, natural law, knowledge, and the responsibility of forming conscience in truth. |
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Thomas taught that there is a natural conscience, synderesis, an intellectual habit which possesses the first precepts of natural law. |
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There are two readings of the natural law jurisprudential stance. |
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They were useful in interpreting the content of natural law. |
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Grotius' concept of natural law had a strong impact on the philosophical and theological debates and political developments of the 17th and 18th centuries. |
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Along with the earlier works of Francisco de Vitoria and Alberico Gentili, Grotius laid the foundations for international law, based on natural law. |
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Thomas Aquinas, the most influential western scholar of the period, integrated the theory of natural law with the notion of an eternal and biblical law. |
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In particular, socialism holds that social mores, values, cultural traits and economic practices are social creations and not the result of an immutable natural law. |
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To ascertain those conventions, it is important to see how some of the tensions between natural law and positive law manifest themselves textually. |
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Part 2 covers the natural law as it applies to God's redeemed people in the covenants of grace and, therefore, looks at the new creation and its eschatological realities. |
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Whereas the Stoics construed natural law to refer to the cosmic order, the canonist of the twelfth century construed it to mean jus, the modern sense of right. |
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This inordination is unreasonable, contradicts natural law, and is unjust. |
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The concept of codification was further developed during the 17th and 18th centuries AD, as an expression of both natural law and the ideas of the Enlightenment. |
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