A Very Brief Bibliography on Natural Law
J. Budziszewski
Professor of Government and Philosophy
University of Texas at Austin
J. Budziszewski
Professor of Government and Philosophy
University of Texas at Austin
The Locus Classicus:
- Aquinas, Thomas, Treatise on Law (same as Summa Theologica, I-II, Questions 90-97) and other works. Beware: The Treatise on Law was never meant to be read by itself, but only in the context of the rest of the Summa.
The Best Book on Natural Law in the Twentieth Century:
- C.S. Lewis, The Abolition of Man.
The Man Who Ejected Natural Law from Twentieth-Century American Legal
Education:
- Oliver Wendell Holmes, "Natural Law." Harvard Law Review, Vol. 62 (1918).
The Post-World War II Neo-Thomist Revival:
- Maritain, Jacques, The Rights of Man and the Natural Law and other works.
- Simon, Yves R., The Tradition of Natural Law: A Philosopher's Reflections and other works.
Is Natural Law Based on a Naturalist Fallacy? Pro and Con:
- Moore, G.E., Principia Ethica.
- Geach, Peter, "Good and Evil," Analysis 17 (1956), pp. 33-42.
- Lisska, Anthony, "Beyond the Naturalistic Fallacy: The Rediscovery of Aquinas," in Aquinas's Theory of Natural Law: An Analytic Reconstruction.
Three Contemporary Anthologies::
- Cromartie, Michael, ed. A Preserving Grace: Protestants, Catholics, and Natural Law.
- Forte, David F., ed., Natural Law and Contemporary Public Policy.
- McLean, Edward B., ed., Common Truths: New Perspectives on Natural Law.
The "New Natural Law Theory" of Grisez and Finnis, Pro and Con:
- Germain G. Grisez, John Finnis, and Joseph Boyle, "Practical Principles, Moral Truth and Ultimate Ends." American Journal of Jurisprudence 32 (1987), pp. 99-151. (See also Finnis, Natural Law and Natural Right; Grisez, Christian Moral Principles, 3 vols.)
- Hittinger, Russell, A Critique of the New Natural Law Theory.
Three Older Evaluations of Natural Law:
- Corwin, Edward S., The "Higher Law" Background of American Constitutional Law (sometimes confused -- beware).
- Alexander Passerin d'Entreves, Natural Law: An Introduction to Legal Philosophy.
- Rommen, Heinrich A., trans. Thomas R. Hanley, intro. Russell Hittinger, The Natural Law: A Study in Legal and Social History and Philosophy.
The Present Outpouring of Work on Natural Law (very selective):
- Arkes, Hadley, Natural Rights and the Right to Choose, Beyond the Constitution, and other works.
- Budziszewski, J., What We Can't Not Know: A Guide (adaptation of one chapter available at http://www.firstthings.com/ftissues/ft0206/articles/budziszewski.html), The Revenge of Conscience (title essay available at http://www.firstthings.com/ftissues/ ft9806/articles/budziszewski.html), and Written on the Heart: The Case for Natural Law.
- George, Robert P., The Clash of Orthodoxies, In Defense of Natural Law, and other works.
- Hittinger, Russell, The First Grace. See also above.
- Maritain, Jacques, The Rights of Man and the Natural Law and other works.
- MacIntyre, Alasdair, "How Can We Learn What Veritatis Splendor Has to Teach?" The Thomist 58 (1994), pp. 171-195 and "Theories of Natural Law in the Culture of Advanced Modernity," in Edward B. McLean, ed., Common Truths: New Perspectives on Natural Law.
- McInerny, Ralph, Ethica Thomista and other works.
- Novak, David. Natural Law and Judaism and Covenantal Rights. Concerning the Noachide Laws, which amount to a Jewish natural law tradition, see also The Image of the Non-Jew in Judaism.
- Rice, Charles, Fifty Questions on the Natural Law: What It Is and Why We Need It.
- Veatch, Henry, Human Rights: Fact or Fancy?
Another Bibliography on Natural Law:
From the Acton Institute, <http://www.acton.org/research/reading/natural_law.html>
