The Problem of Natural LawThe Problem of Natural Law takes up the issue of how natural law theory might be made a serious contender in modern moral, political, and legal debate. Douglas Kries takes as his starting point the question of how human beings are said to know the natural law, a question that has traditionally been answered by appealing to the notion of "conscience." Since Thomas Aquinas articulated the classic formulation of natural law theory, the book begins with an analysis of his notion of conscience. It then examines both the philosophical and theological objections that have been raised against the Thomistic notion of conscience and argues that this long-standing teaching could and should be bracketed by contemporary natural law theory. On the basis of this reformulation of natural law, Kries then proceeds to show how reviving natural law theory might be possible in the contemporary context, though it will need to be preceded by a reformulation of the natural law theory itself, especially with respect to the doctrine of conscience. If this is accomplished, Thomistic natural law will be better situated to respond to its three most important contemporary critics: the existentialism of Sartre, the deontologism of Kant, and the political hedonism of Hobbes. Book jacket. |
Contents
CONSCIENCE IN THOMASS UNDERSTANDING OF NATURAL LAW | 3 |
THE OBJECTIONS OF THE ANCIENT PHILOSOPHERS | 27 |
THE OBJECTIONS OF THE CALVINIST CHRISTIANS | 61 |
THE QUESTION OF REVISION | 93 |
ON THE POSSIBILITY OF REVISING THOMASS TEACHING ON CONSCIENCE | 95 |
ANSWERING MODERN CRITICS OF NATURAL LAW | 117 |
THOSE WHO DENY THE EXISTENCE OF HUMAN NATURE | 119 |
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action Albert ancient natural right anthropology argues argument Aristotelian Aristotle Aristotle's assert Augustine basic Book Calvin categorical imperative chapter Christian claim Commentary conclusions conscience conventionalist corrupted criticism Decalogue desire discussion distinction existence explain Gentiles Glaucon Grisez happiness Hobbes Hobbes's human nature humanity's hypothetical imperative insists interpretation Jerome justice Kant knowledge of natural la-Ilae lectio llae moral precepts Mosaic law natural habit natural law precepts natural law theory natural right natural right theory naturalistic fallacy Nicomachean Ethics notion Origen's Paris passage Paul Pelagian philosophers Plato political polling position possible practical reason premise Press primary precepts problem prudence question quod rational Romans Sartre Sartre's secondary precepts seems self-evident semi-Pelagian simply Socrates soul spirit statement Summa theologiae syllogism synderesis synderesis and conscientia syneidesis teaching on synderesis term Testament theology theory of natural things Thomas Aquinas Thomas says Thomas's teaching Thomistic thought tradition translation understanding universal knowledge virtue