Natural Law as Existential Law

Euthanasia and natural law.

“natural” Law Revisited

articulates a view of natural law that is reflected in how judges apply the law to decide cases. This view, he argues, is different from the traditional metaphysical view of natural law, which says that what the law is must be determined by what the law ought to be. He argues that his view of natural law insists that the content of law may sometimes depend on the correct answer to some moral qu...

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...

Natural Law and the Law of Nations: Some Theoretical Considerations

I will argue here that the law of nations, the jus gentium, in fact lies at the heart of many crucial modern social and political issues. NATURAL LAW AND THE LAW OF NATIONS: SOME THEORETICAL CONSIDERATIONS James V Schall, S.J. * Adjus gentium pertinent ea quae derivantur ex lege naturae sicut conclusiones ex principiis, ut justae emptiones, venditiones, et alia hujusmodi, sine quibus homines ad...

International Law Clients: The Wisdom of Natural Law

This Article discusses natural law, the foundation of many international law principles. First, it describes the natural law and its bearing on the practice of international law. Second. it describes the concept of “the common good,” a foundation of natural law. Third, it introduces the term ”solidarity” and its relation to achieving the common good. Fourth, it describes the concept of ”subsidi...