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The Natural Law Theory of Morality and the Homosexuality Debate in an African Culture
L-A Bolatito
OGIRISI: a New Journal of African Studies , 2012,
Abstract: Same sex relationship has recently been criticized by many not only on grounds of being immoral but also as a practice that erodes certain values attached to marriage and procreation in some African cultures. This paper examines the immorality or otherwise of homosexuality as an act. It argues that homosexual behaviour is degrading and damaging as an act because it devalues the institution of marriage and its related values in the Yoruba culture. The paper underscores the fact that a typical Yoruba would make allusions to either Christian or Islamic injunctions to justify the moral unacceptability of homosexuality as an act. It employs Aquinas natural law theory of morality to further argue that homosexual act is unnatural hence it goes against what reason dictates. The paper also argues that we cannot completely rule out the possibility that homosexual acts are consequences of certain predisposing biological factors over which actors have no control and if this is the case, then they cannot act otherwise. In the light of this, the paper argued for both nature and nurture as predisposing factors of homosexual behavior. It concludes by stressing that in spite of some biological arguments in favour of homosexual act, such act threatens the viability of the Yoruba community where special value is placed on the institution of marriage and procreation.
Law and morality in contemporary philosophy of law  [PDF]
Stankovi? Dejan Vuk
Filozofija i Dru?tvo , 2002, DOI: 10.2298/fid0209203s
Abstract: In this paper, author tries to analyze complex character of the relation between law and morality in contemporary law philosophy. There are three approaches to the issue of relation between law and morality: natural law theory (identity thesis), positivist (separation thesis) and Anglo-American analytical jurisprudence (polarity thesis). The identity thesis-law and morality are basically identical, although basic principles of morality are subordinated to the positive legal rules; the separation thesis-law and morality are quite different system of norms: positive legal rules are completely deprived of any moral content; Polarity thesis - law and morality are different systems of norms which complement to each other. The polarity thesis is exemplified in theories of Herbert Hart and Ronald Dworkin's. At the logical level, polarity thesis overcomes and specifically synthesizes abstract character and reductionism of identity and separation thesis. At the socio-historical level, the polarity thesis is result of historical development of legal and political institutions.
A natural-law approach to human rights in a plural society  [cached]
Parisoli, Luca
Arbor : Ciencia, Pensamiento y Cultura , 2010, DOI: 10.3989/arbor.2010.745n1234
Abstract: I propose a medieval voluntaristic version of natural-law theory, as a plausible strategy to implement fundamental rights in a culturally non-homogeneous society; it is, in particular, the version proposed by the Franciscan school, which proposes a substantial cut between pre-lapsarian and post-lapsarian natural law (the former corresponding to the sphere of fundamental rights of persons while the lattrer marks the sphere of institutional rights of individuals in a given society, with a plurality of the common good). With necessary semantical precisions, this strategy safeguards the political value of tolerance and the real plurality of sundry cultural models withan one society, although such as belong to a certain culture are convinced it is superior to others. This strategy is opposed to ethical legalism, widespread in modern political debate, which I blame for its tendency to homogeneity and its reduction of plurality to non-culturality. Propongo una versión voluntarista medieval del jusnaturalismo como estrategia plausible para implementar los derechos fundamentales en una sociedad culturalmente no-homogénea; trátase, en particular, de la versión de la escuela franciscana, que propone una discontinuidad sustancial entre el derecho natural que precede a la Caída (esfera de los derechos fundamentales de la persona) y el derecho natural que sigue a la Caída (esfera de los derechos institucionales de los individuos de una sociedad dada, con una pluralidad del bien común). Tras las necesarias precisiones semánticas, esa estrategia conserva el valor político de la tolerancia y la pluralidad efectiva de los modelos culturales en una misma sociedad, aunque quienes pertenecen a una cultura determinada estén persuadidos de la superioridad de su propia cultura sobre las demás. Opónese esa estrategia al legalismo ético, difundido en el debate político contemporáneo, al cual critico por su tendencia homogeneizante y su reducción de la pluralidad a la no-culturalidad. [it] Si tenta di proporre una versione volontarista medievale del giusnaturalismo come strategia plausibile per gestire i diritti fondamentali in una società non-omogenea culturalmente: si tratta in particolare della versione proposta dalla scuola francescana che propone una non-continuità sostanziale tra il diritto naturale che precede la Caduta (sfera dei diritti universali della persona) e il diritto naturale che segue la Caduta (sfera dei diritti istituzionali degli individui di una data società e pluralità del bene comune). Dopo le necessarie precisazioni semantiche, questa strategia conserva i
Natural Selection and Morality
Alejandro Rosas
Ideas y Valores , 2006,
Abstract: Resumen:En este ensayo abordo los intentos, relativamente recientes, de dar una explicación de la moralidad como adaptación por selección natural. Mi exposición tiene una introducción y cuatro partes: en la primera explico en qué consiste la paradoja del altruismo biológico. En la segunda expongo la solución que apela a la selección de grupos, recientemente resurgida; la solución que presuntamente aplicó Charles Darwin cuando formuló sus reflexiones biológicas sobre la moralidad humana. En la tercera expongo la solución sociobiológica, que opta por negar que la selección natural pueda explicar directamente la moralidad humana. La moralidad se presenta más bien como opuesta a la naturaleza dise ada por selección natural. En la cuarta parte desarrollo brevemente una explicación de la moralidad como adaptación que beneficia a los individuos. No opone la moralidad a la naturaleza, ni apela a la selección de grupos. Se sirve de un mecanismo de selección que opera a través de preferencias en la interacción social.Abstract:In this essay, I address recent attempts to account for morality as an adaptation due to natural selection. After a brief introduction, my exposition has four sections. I first explain the paradox of biological altruism. Second, I explain the solution to the paradox in terms of group selection. This solution was presumably applied by Darwin himself as he discussed human morality, and it has experienced a recent revival, though it remains suspicious to most biologists. In the third section I offer a socio-biological solution that opts for denying that morality can be explained by any form of natural selection. Morality is opposed to human nature as designed by natural selection. In the fourth, I argue for an explanation in terms of individual selection. It does not oppose morality to nature, and does not need the workings of group selection; rather, it operates through the agents’ psychological preferences in social interaction.
Providence, conscience of liberty and benevolence – the implications of Luther’s and Calvin’s views on natural law for fundamental rights  [cached]
Andries Raath
In die Skriflig , 2007, DOI: 10.4102/ids.v41i3.313
Abstract: Prof. Johan van der Vyver recently identified a need for a Scriptural foundation of human rights. In this article it is argued that together with their evangelical perspectives, Luther’s and Calvin’s Ciceronian re-interpretation of Thomism produced very important perspectives for establishing the moral context of a Scriptural basis for fundamental rights and duties. The impli- cations of the views of both Luther and Calvin on fundamental duties and justice presuppose a moral context from which is- sues related to human rights can be approached. In that regard the views of Luther and Calvin still have much to contribute towards developing an evangelical approach to human rights.
Morality, care, and international law  [cached]
Virginia Held
Ethics & Global Politics , 2011, DOI: 10.3402/egp.v4i3.8405
Abstract: Whether we should respect international law is in dispute. In the United States, international law is dismissed by the left as merely promoting the interests of powerful states. It is attacked by the right as irrelevant and an interference with the interests and mission of the United States. And it follows from the arguments of many liberals that in the absence of world government the world is in a Hobbesian state of nature and international law inapplicable. This article reviews the thinking of Kant, Locke, and Rawls, among others and shows how arguments against respect for international law can be answered. It questions arguments based on the analogy between states and individuals, and between international law as it has developed and law based on an ideal social contract between individuals. It then turns to the ethics of care, a recent addition to moral theory, and examines its major characteristics and recommendations. It considers how the ethics of care would view international law and the guidance this moral approach could provide for international relations. The article shows how the ethics of care is compatible with various current trends, and how thinking about globalization and greater international interdependence would benefit from greater attention to it. The article argues that the ethics of care would clearly support respect for international law as it has developed, but that it would even more strongly support addressing current problems in ways that would, in the longer term, make appeals to law and its enforcements ever less necessary.
The ecological law and ecological human rights: to the question on necessity of formation
Khvorostov A. J.
Sociosfera , 2012,
Abstract: Necessity of the ecological law is determined by presence of ecological crisis and formed at formation of ecological function of the state. Ecological human rights and the citizen are natural human rights, however should be legally fixed and guaranteed by the state. The further functioning of a society is impossible without observance of norms of the ecological law and ecological human rights.
NATO aggression against FRY: “A war on the border between law and morality”  [PDF]
Radoji?i? Mirjana
Filozofija i Dru?tvo , 2011, DOI: 10.2298/fid1103137r
Abstract: The paper focuses on the ethical aspects of NATO aggression (or so-called “humanitarian intervention”), exerted against the FRY, actually Serbia, in the period from March to June 1999. The paper has been conceived as a critical dialogue with Jürgen Habermas, or rather the positions presented by him in a text entitled “Bestialit t und Humanit t: Eine Krieg an der Grenze zwischen Recht und Moral”. Following a short presentation of Habermas’s point of view, in the introduction to her paper the author discusses the moral implications of, as he points out, “the surgical precision of the air-strikes, as well as the programmatic sparing of the civilian population”, which are, according to him, the characteristics of this aggression with “a highly legitimating effect”. She then focuses on the key and declaratively moral argument that served to justify the aggression - the protection of human rights of Kosmet Albanians and the prevention of the humanitarian catastrophe they had been allegedly exposed to. After analyzing this argument thoroughly, in several steps, the author concludes that the aggression was not, as Habermas claimed, a “war on the border between law and morality”, but that it was actually beyond the borders of both law and morality and was deeply situated into a domain of interest-driven armed acts of the US foreign policy.
论哈贝马斯的法律与道德互补关系理论
On Habermas’ theory of complementary relationship between law and morality
 [PDF]

刘光斌
- , 2017, DOI: 1672-3104(2017)05-0001-06
Abstract: 摘 要: 哈贝马斯对法律与道德的关系问题进行了探讨,他从社会学理论视角指出随着生活世界合理化,法律和道德从生活世界中分化出来,提出了重新探讨法律与道德关系的现实依据。他从法哲学视角指出自然法主张法律建立在道德基础上,实证法坚持法律与道德的中立关系,两者都片面理解了法律与道德的关系;他从商谈理论视角指出法律从功能上补充了道德的不足,道德为法律合法性提供了理由,明确指出了法律与道德之间的互补关系。哈贝马斯为我们理解法律和道德的关系提供了一种商谈论证思路。
Abstract: Habermas explored the relationship between law and morality, pointing out from the view of sociology that, with the rationalization of the real world from which law and morality derived, the relationship between law and morality needs to be reconsidered. He argued from the perspective of natural law that law is based on the morality, that empirical law in a neutral relation between law and morality and that both views misunderstood the relation between law and morality. He started from discourse theory, and pointed out that law made up for the defects of morality in its functions and that morality provided legitimacy for law, thus clarifying the complementary relationship between law and morality. Habermas's theory of complementary relationship between law and morality enriches the resources of legal philosophy
Primitive society and law
Anatolii Zaiets
NaUKMA Research Papers. Law , DOI: 10.18523/2617-2607.2018.13-19
Abstract: The article is devoted to the study of the process of the emergence of rights in the primitive society of the period of savagery and barbarism. The time frame expands from the beginning of the birth of life (about 4.1 – 3.7 billion years ago) to the invention of methods of cultivation of land and the primary division of labor and the invention of ancient civilization of Sumerians of writing (respectively 6,500 years - 3,100 years BC). The social and anthropological reasons for the emergence of law (needs of common habitation, normative consciousness), the world-view basis, the nature of the binding character of the original rules, their interrelation with morality, are substantiated. The original rules of conduct in the form of prohibitions (taboos), custom, rite, worship and ritual were alloy, a mixture of divine and natural, magical and psychological. These mono norms formed the core of primitive law as the form of proper, necessary behavior, the most significant factor of the force of which was the joint residence and the mutual benefit of acting concertedly. In the absence of political power in the primitive society, they also supported the authority of tribal leaders, elders, healers, healers and sorcerers. With the emergence of religion and systems of morality, these norms receive a new religious and value justification and differentiate from those norms of morality that do not require more stringent, compared with them, sanctions. Thus, the social interaction in the process of living together and the elaboration of the rules of this residence, the improvement of the methods of resolving conflicts and disputes provided the ground on which the archaic right of the primitive society has grown, which in the form reached us in the relevant earliest historical sources, according to the constant scientific tradition, is called customary law.
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