| Murray
Hill Institute Newsletter Spring 2006 Volume 3, Number 1 |
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News |
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Last November, Hadley Arkes, the Edward Ney Professor of Jurisprudence at Amherst College. inaugurated the Culture and Core Beliefs Series with a lecture “The Common Sense of Natural Law.” The series, a new initiative by Murray Hill Institute, aims to show the interrelationship between core beliefs and various aspects of our social, political, and cultural understanding and practice. The second lecture in the series took place at Murray Hill Place on Friday evening, February 3, 2006, by Dr. Michael Baur, Associate Professor of Philosophy at Fordham University and Adjunct Professor of Law at Fordham’s Law School. The title of his lecture was “What Part Does Justice Play in Natural Law and Natural Rights?” In his lecture Dr. Baur referred to the tradition of Thomas Aquinas which maintains that an unjust law is no law at all. This Thomistic proposition has been explained by John Finnis, a proponent of natural law theory from Oxford. Natural law can be interpreted as either a legal theory or a moral theory. Finnis himself distinguishes between legal obligation or validity and moral obligation or validity. With this distinction, one could hold that iniquitous rules have legal validity, since Aquinas’s dictum regarding unjust laws as no laws at all, and with which no compliance would be necessary, might give way to anarchy in a given society. Finnis does maintain however that natural law legal theory should be linked to natural law moral theory such that there be a necessary connection between law and moral obligation. If, for example, driving on the left side is legalized, there would be a moral obligation to abide by the rule or the law enforced by the authorities and thus we would defer to the authorities in such a matter. We would in fact follow the law for the common good.
Some interesting questions followed the presentation regarding unjust laws during the Nazi regime and the role of human reason in knowing our rights and obligations from natural law. Evenings of Conversation for Young
Professionals
Spring Conference: A Person-Centered
Approach to Work-Life Balance Would you like to receive email updates on coming events? To join our mailing list, email us at info@murrayhillinstitute.org. |
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