Posts tagged with: Philosophy of law

Blog author: ehilton
posted by on Thursday, August 7, 2014
Archbishop Charles J. Chaput

Archbishop Charles J. Chaput

There are days when I almost give into despair. When I read stories like this, I think all is lost. Humanity is not worth a bucket of warm spit.

Thankfully, good men like Archbishop Charles Chaput of Philadelphia beg to differ. Today at Public Discourse, Chaput offers his thoughts on how culture can be saved, and the answer is Christianity. (Please read the entire piece; it is worth every moment of your busy day.)

Chaput begins by stating the basic facts of natural law, and how good human law must stand on this. He reminds us that, without natural law, “human rights have no teeth.” Rights separated from natural law become “inhuman.” Chaput recalls another basic of political and legal philosophy: laws are meant to help us be good. They may restrict us, but only in positive ways. They create justice, peace and ultimately freedom. He then discusses the argument that one should not force one’s morality on anyone else. (more…)

Blog author: jballor
posted by on Monday, January 17, 2011

A popular citation of Martin Luther King, Jr.’s justly-famous “Letter from Birmingham Jail” is his reference to natural law and Thomas Aquinas:

How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.

The Witherspoon Institute has announced today its project, “Natural Law, Natural Rights, and American Constitutionalism,” which “will serve as an online resource center for students, teachers, and educated citizens to learn about the intellectual traditions of natural law and natural rights, particularly within American political and constitutional history.”

The current list of essays by contributors is expansive and impressive, and includes an essay by Acton’s own director of research Sam Gregg, “Natural Law and the Law of Nations.” Be sure to check out this resource from the Witherspoon Institute. I’m eager to see how the site develops and grows. I’m also interested in seeing who will write the currently missing essay (or set of essays) on the Reformation and natural law (including modern Protestantism and natural law). Sigmund’s essay currently covers the period, but much more needs to be said.

Currently the “Early Modern Liberal Roots of Natural Law” primary source section includes Locke, Hobbes, and Montesquieu. This is of course an important stream of natural-law thinking in the early modern era, but hardly the only one and certainly not the only one with later influence.

Additionally, to be of more scholarly use, I think the primary source collection should point toward digitally-accessible forms. I talk about this in the context of theology and economics in an editorial in the latest issue of the Journal of Markets & Morality, “Printed Source and Digital Resource in Economics and Theology” (PDF), and point especially towards the example of the Post-Reformation Digital Library (see, for instance, the pages on Locke and Hobbes).