"Morality and Legal Reasoning" by Gerry V. Bradley
 

Document Type

Book Review

Publication Date

1993

Publication Information

55 Rev. Pol. 311 (1993) (book review).

Abstract

Natural law has been derided by several generations of intellectuals as "nonsense on stilts" (Bentham) or a "brooding omni- presence in the sky" (Holmes). Nevertheless, the idea refuses to go away. For a long time natural law theory was the preserve of neo- Scholastic theologians and philosophers in Roman Catholic universities and seminaries. In a nice bit of irony, however, just as Catholic institutions have begun to secularize by adopting the norms and standards of prominent institutions such as Harvard, Oxford, and Princeton, defenders of natural law theory have suddenly popped up at just these establishments. Fully equipped with the tools of analytic philosophy and jurisprudence, these philosophers have mounted a sustained attack on skeptical and utilitarian views about law and morality and developed powerful new defenses of the idea of natural law.

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