Cover: Natural Law in Court: A History of Legal Theory in Practice, from Harvard University PressCover: Natural Law in Court in HARDCOVER

Natural Law in Court

A History of Legal Theory in Practice

Add to Cart

Product Details

HARDCOVER

$48.00 • £38.95 • €43.00

ISBN 9780674504585

Publication Date: 06/08/2015

Text

288 pages

6-1/8 x 9-1/4 inches

World

The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War.

R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

Recent News

From Our Blog

Cover: A Shoppers’ Paradise: How the Ladies of Chicago Claimed Power and Pleasure in the New Downtown, by Emily Remus, from Harvard University Press

Going Downtown

As a child in Chicago, Emily Remus was enchanted by the sights and sounds of its downtown. Here she tells how those early experiences influenced her in writing A Shoppers’ Paradise, a book about how women in turn-of-the-century Chicago used their consumer power to challenge male domination of public spaces and stake their own claim to downtown

‘manifold glories of classical Greek and Latin’

The digital Loeb Classical Library (loebclassics.com) extends the founding mission of James Loeb with an interconnected, fully searchable, perpetually growing virtual library of all that is important in Greek and Latin literature.