From The American Journal of Jurisprudence, 40 (1995), 157-98. This entry contains an
introductory essay followed by a lengthy bibliography of natural law essays written mostly in
English during the past fifty or so years. It is not complete but it contains most of the major
entries.
James V. Schall, S. J.
SUNDRY REFLECTIONS "THE NATURAL LAW BIBLIOGRAPHY"
"The story of the life and murder and resurrection of God-in-Man is not only the symbol
and epitome of the relations of God and man throughout time; it is also a series of events that
took place at a particular point in time. And the people of that time had not the faintest idea that
it was happening.
Of all examples of the classical tragic irony in fact or fiction, this is the greatest -- the
classic of classics. Beside it, the doom of Oedipus is trifling, and the nemesis of the Oresteian
blood-bath a mere domestic incident. For the Christian affirmation is that a number of quite
commonplace human beings, in an obscure province of the Roman Empire, killed and murdered
God Almighty -- quite casually, almost as a matter of religious and political routine, and
certainly with no notion that they were doing anything out of the way."
-- Dorothy Sayers, "Introduction," The Man Born To Be King, 1943.1
1
Dorothy Sayers, The Man Born To Be King: A Play-Cycle on the Life of Our Lord and
Saviour Jesus Christ (San Francisco: Ignatius Press, 1990), p. 15.
1
To introduce what is in effect an extended reading list on natural law by citing something
from the famous British mystery-story writer and philosopher Dorothy Sayers will, of course,
seem distinctly odd. So be it. During World War II, Dorothy Sayers wrote or rather
refashioned the four Gospels into a radio drama for the BBC. Sayers is famous for her
translation of Dante and for her philosophic analyses of the nature of drama herself, as well as for
her book, The Mind of the Maker, itself a pretty good book to read for anyone interested in
natural law.2 What most struck Miss Sayers about this endeavor of presenting the Gospels as a
radio drama was how remarkably close the Gospel accounts corresponded to sound dramatic
theory. She further pressed the meaning of this coincidence in her many and useful explanatory
asides when she commented on the characters and movement of the drama. She discovered that
ordinary people can do terrible things, in part knowingly, in part unknowingly. The very
recounting of this drama in "an obscure province of the Roman Empire" makes us aware of an
overriding law or principle that stands in judgment of human actions and sheds light on what
they might mean, on why they might please or might shock us. The drama of the death of
Christ, whether by radio on the BBC or in any other media, including the reading of the Gospels
themselves, is meaningless if there is no abiding law or principle against which it stands and
demands explication.
Every so often, I do a semester course on "Political Philosophy and Natural Law." Many
students, especially those who anticipate being lawyers, as it seems almost all students today do
so anticipate, suspect somehow, though they are not quite sure why, that they should know
something about natural law. It has a kind of nice ring to it. Somehow it must be dealt with,
even to reject it. Many students have still heard of the Nuremberg Trials and how natural law
was a kind of last resort to judge some of the worst scoundrels of our era. Most students are
likewise vaguely aware that it is quite unlikely that a course in natural law as such will be offered
in any law school of their otherwise free choice. For the most part, a serious study of the natural
law and its tradition must be something in the nature of a private enterprise. Many students are
aware that what they are likely to be given to study in the universities on this subject is wholly
inadequate to meet or to understand the great philosophical tradition of the West, and of
Christian thought in particular. This is the tradition in which natural law thinking was founded
and has always remained an unsettling but noble presence.
A law student recently told me that she tried to find a course on the relation of
Christianity and law, but the school she was attending did not offer one. It did have a course in
the "Jewish Sources of Law," however. I suspect "Islamic Sources", "Buddhist Sources", via
multi-culturalism, are on the horizon. The law school in question that did not have a course
in Christian sources of law was, amusingly, at a Catholic University. Fortunately, a suitable
course was found in a near-by law school. The best I can do for such students is to suggest
initially a reading of Harold Berman's eye-opening Law and Revolution: The Formation of the
Western Legal Tradition. I also think my old mentor Heinrich Rommen's book, The Natural
Law, is also worth a look. In the beginning it is crucial for students to have at least some
2
Dorothy Sayers, The Mind of the Maker (New York: Meridian, 1956). See also her The
Whimsical Christian: Eighteen Essays (New York: Macmillan, 1978).
2
beginning sense of the need intellectually to get outside the almost total dominance of legal
positivism. Probably the most common way students will acquire this perspective is through
Strauss or Voegelin or Maritain. Another way to accomplish this independence of rigid
academic control is to read Plato in a serious and careful manner. John Wild's Plato's Modern
Enemies and the Theory of Natural Law is still quite worth reading.3
No doubt, in recent years, the best and most paradoxical thing to happen to natural law in
the public forum was the Thomas Hearings. When Senator Joseph Biden, a Catholic, said, in
connection with Judge Thomas's writings on natural law, that this same natural law was a
dangerous doctrine, he made many wonder just why is there such opposition to it from such
sources. The senator, who seemed rather innocent of the Catholic tradition on the topic, feared
that the Constitution itself and all legislation under it might thereby be subject to a judgment that
was not simply identical with the will of the Court, the legislature, or the people. Biden, be it
noted, was on the side of the Court, the legislature, and the people as these entities have come to
be defined in modern thought with no grounding or basis in principle or abiding reason that
might explain how they could in fact go wrong, individually or collectively. The natural law
tradition was precisely one that argued for the reasonable limits of political power from whatever
source.
As if to confirm the perceived dangers of natural law in the eyes of many professional
opponents to religion, who often think that a thing is wrong on no other grounds than that a
religious authority thinks it right, the Holy Father devoted a large section of Veritatis Splendor to
its elaboration, clarification, and representation. This presentation of the understanding of
natural law is one of the clearest and most brilliant in its long literature. From now on, it must
be included in every discussion of the topic. John Paul II argued that there were absolute truths
and things that were intrinsically evil, no matter who did them. Any society based on pure
political will that chooses in its constitution or legislation principles or fosters practices contrary
to the natural law, the Holy Father suspected, will find itself in the deepest of moral and political
trouble, even when it calls its resulting troubles by any other name but the truth of what they are.
To name the truth of regimes and to acknowledge the real nature of our souls remain moral and
political projects of the greatest difficulty when done honestly on the basis of laws we do not
make for ourselves, on the basis of natural laws, that is..
Cicero's famous and ringing statement of the natural law somehow still sounds uncannily
like John Paul II in Veritatis Splendor, almost as if there is in fact an abiding tradition and
teaching, whether propounded by the ancients' most eloquent lawyer or by a brilliant modern
Pope-philosopher. Cicero's classic words remain moving, even to those do not realize that they,
in their own lives and principles, really do not follow any of its basic norms:
3
See also Darrell Dobbs' recent studies on Plato, "Choosing Justice: Socrates' Model City
and the Practice of Dialectics," The American Political Science Review, 88 (June, 1994), 263-77;
"The Piety of Thought in Plato's Republic," The American Political Science Review, 88
(September, 1994), 668-83.
3
True law is Reason, right and natural, commanding people to fulfill their
obligations and prohibiting and deterring them from doing wrong. Its validity is
universal; it is immutable and eternal. Its commands and prohibitions apply effectively
to good men, and those uninfluenced by them are bad. Any attempt to suppress this law,
to repeal any part of it, is sinful; to cancel it entirely is impossible. Neither the Senate
nor the Assembly can exempt us from its demands; we need no interpreter or expounder
of it but ourselves. There will not be one law at Rome, one at Athens, or one now and
one later, but all nations will be subject all the time to this one changeless and everlasting
law (De Rei Publica, III, 33).
This passage retains its power and depth in our era just as it has claimed the attention of earlier
times.
Usually, when we are studying in class Cicero and come to this passage, I have a couple
of different students in turn stand and read aloud this text to the rest of the class. I ask the class
just to listen. I ask the student to read very loudly and very slowly. I have observed the
listening students are usually very silent. I want to be sure that once in their lives they hear
Cicero, just hear him. It should be read in Latin also, and there is no reason it cannot be, after a
couple of initial readings in English. I know we need, in addition, the philosophic background
of Plato and Aristotle, and so many others, properly to ground this topic's place in thought. In
our multi-cultural times, Cicero still explains its dangers, the dangers of having one law in Rome
and another in Athens, of one now and another later, of having nothing to judge the nations
except what they decide for themselves, according to nothing but their own wills. It is but a
short step, I suspect, from denying the abiding validity of Cicero to the "war of all against all,"
another kind of natural law, to be sure.
As I began to collect this bibliography over the years, I had the intention of compiling a
book of natural law readings, sort of a more complete and up-to-date version of Brendan F.
Brown's still useful The Natural Law Reader. First of all, for any one who wants to read in this
most fascinating area, it is difficult to gather in one place the substantial essays on natural law
that have been written in the last half-century. For all the supposed death of natural law,
furthermore, a look at this literature assures us that the topic is quite alive. Indeed natural law
has suddenly gained a vigor and vitality that we might not have anticipated. But then I realized
that the amount of good natural law reading in the periodical literature is really too much for one
book or a number of books of hefty size. I did not want to abbreviate or select central passages
after the model of the Brown book, though I can see now why that was almost his only
alternative. What I have in mind about this Natural Law Bibliography was to provide a useful
resource for those law school professors, for those curious legal students, for the active lawyer or
judge, for those philosopher, theologian, political theorist, politician, economist, or journalist
who recall or come to understand the vital meaning of this too much neglected, but amazingly
fascinating topic.
Moreover, I was pleased to see that Charles Rice has published another kind of book on
natural law that has long been needed, his Fifty Questions on the Natural Law: What It Is and
4
Why We Need It. I will not accuse him of imitating either the Baltimore Catechism or the new
General Catechism of the Catholic Church but that question and answer format allows a more
systematic and articulated approach. Actually, The General Catechism is also something that
should be read by anyone interested in the background to studies on natural law as the Catechism
clarifies just what belongs to revelation and what is reason's relation to it in the mind of the
Catholic Church.
Surely, fifty years ago, Jacques Maritain was most responsible for attention to the natural
law in intellectual and political circles. Without doubt, recently the central book in this revised
attention to natural law is John Finnis' Natural Law and Natural Rights. It is difficult to
overestimate its influence and importance, and, yes, brilliance. When this book first appeared,
however, one would hardly have expected the lively turn of controversy this study has caused.
We would have expected that the main critics of the book came from opponents to any theory of
natural law. Instead, the book has found its most articulate criticism from natural law thinkers
within the general Thomist tradition. Both Henry Veatch's Natural Rights: Fact or Fancy and
Russell Hittinger's A Critique of the New Natural Law Theory have provided, in analyzing the
Finnis thesis, an examination of the whole natural law tradition and its relation to modernity. It
is within this background that the Finnis book is seen to be more on the side of modernity than
on that of St. Thomas. This controversy is ongoing and the literature is full of various analyses
of this lively and, I must say, welcome analysis at its more profound levels.
The older (1930's-60's) natural law theorists -- Rommen, Maritain, Burke, Lottin,
d'Entreves, Simon, Messner -- left a legacy that is still of the first rank and on which these more
recent studies have built. But into this thinking from those with Catholic backgrounds, we must
acknowledge the imposing presence of Leo Strauss' famous essay on "The Natural Law" as well
as his pioneering Natural Right and History. It is Strauss, I think, who, more than anyone else,
has alerted us to the very different ideas of natural right and natural law, though d'Entreves quite
clearly anticipated this issue in his little book on The Natural Law. Strauss distinguished classic
natural right, natural law, and modern natural right. He found modern natural right to be quite
radically different from natural law or classic natural right. He held modern natural right to be at
the origin of most modern moral and political disorders. Not to be aware of the difference
between natural law, classic and modern natural right was a major and oft-recurring confusion.
The attempt uncritically to fuse natural law with this modern natural right theory,
something that too many modern religious thinkers have tried to do under the aegis of "human
rights", has, in addition, caused a serious intellectual and religious confusion and political peril.
Indeed, discussion of natural or human "rights". as Maurice Cranston and Mary Ann Glendon
have chronicled, has become all to uncritical so that these supposedly common notions are most
dangerously used without some explicit awareness that natural or human rights can mean the
very opposite of that grounded philosophical tradition that derived from human nature. Even the
Pope sometimes embraces the cause of "human rights" in a way that causes him trouble when
5
suddenly abortion or homosexuality are propounded as modern "human rights" to be promoted
and protected by the state as perfectly "normal".4
Heinrich Rommen, moreover, takes us back to the Seventeenth Century Suarezian
tradition of natural law, a tradition that is not yet sufficiently studied with regard to the split
between modern and classic natural right. Suarez has been said to have exercised the influence
in Spanish speaking countries that Locke did in English speaking countries, and in the same
direction. In the discussion of the origin of modern natural right, I have always considered
Father Charles N. R. McCoy's discussion of Grotius' famous phrase that the natural law would be
the natural law even on the supposition that God did not exist, to be crucial. If God did not
exist, there would be no natural law of any sort, but as McCoy shows, with great acumen, this is
a philosophical not theological statement.
Maritain and Simon have made St. Thomas available to many. Both are aware of the
problems with natural or human rights and have sought to counter the dangers. Indeed, Thomas
Aquinas himself is still in many ways the leading figure in natural law thinking. No study on
natural law can or should avoid paying fundamental attention to Aquinas' arguments on this
topic. The Straussian school has not found a natural law tradition in either Plato, Aristotle, or
Sophocles. This unexpected resistance to natural law in the name of classic natural right is due
in part to the relation of reason and Christian revelation in particular, a relationship that is
directly related to any natural law tradition. Natural law is thus in Strauss looked upon as a
product primarily of revelation. St. Paul's claim that there is such a thing as natural reasoning or
law only seems to confirm this thesis. Ralph McInerny's work, I think, goes a long way to meet
these problems.
The crucial question with modern, as opposed to classic, natural right is whether the
former right represents a complete break with the principled classical tradition? If so, and
Strauss thinks that it does, there is no real limit or norm capable of establishing anything that
might be called naturally right. With no natural law, "whatever the prince wills, is the law", to
recall Aquinas' third objection to the question of the basis of law in reason (I-II, 90, 1, Obj. 3).
On the other hand, Strauss does not allow that classic natural right might have some philosophic
origin in a lawgiver, a transcendent lawgiver. Natural right, he argues, cannot be called "law"
properly speaking. I think it is possible to address Strauss' concerns. Indeed, this reflection
on Strauss' view of natural right and law is one of the most stimulating and important strands of
thought in recent natural law literature and is not to be missed.
One of the central problems that critics of Finnis and Grisez have found with their new
version of natural law lies in its relation to Kant. It is wondered whether there is any adequate
grounding of natural law in metaphysics and not just logic or consciousness. I have always
found Hadley Arkes' most stimulating and perceptive book, First Things, to be the best effort I
know to bridge the Aristotelian and Kantian traditions. Veatch and Hittinger have argued that
4
See James V. Schall, Religion, Wealth, and Poverty (Vancouver, B. C.: The Fraser
Institute, 1990), pp. 149-170.
6
there is a quasi-Kantian presence in the Finnis-Grisez position that is worrisome. The periodical
literature on this controversy constitutes, along with the Straussian concerns, a major stimulus to
natural law theory. Another writer who is no doubt important to this whole issue is Alasdair
MacIntyre whose general works on ethics and philosophy have had great impact.
Charles N. R. McCoy was the problem of the jus gentium and the relation of this concept
to international law or the law of nations. A writer who is too little known in this area is E. B. F.
Midgley at the University of Aberdeen. His book The Natural Law Tradition and the Theory of
International Relations is a gold mine of careful study. Further, as David Yost at the Naval
Post-Graduate School has taught me, international relations are in fact a fruitful addition to the
early modern notion of the law of nations, especially as seen in the pioneering work of Martin
Wight.5
5
David S. Yost, "Political Philosophy and the Theory of International Relations,"
International Affairs, 70 (April, 1994), 263-90.
7
The American Founding has also been a source of thinking in the literature abut natural
law. The Declaration of Independence makes this relationship to natural law and natural right
inevitable. The question is asked about whether the American Founding was strictly a modern
founding? That is, was America founded in modern and therefore ungrounded natural rights, or
was it ultimately traced back through Vittoria, Suarez, and Grotius, to the scholastics through
them to the Roman and Greek traditions? I have found the work of my colleague George Carey
to be most perceptive in this area.6 I think the two books most useful to make the argument that
there was a consistent natural law and religious background to the American founding are Hadley
Arkes' Beyond the Constitution and Ellis Sandoz' A Government of Law. The controversies on
this score about the Founding between Harry Jaffa, Walter Berns, Robert Bork, Richard Stevens,
and a host of others, including those who look on the cause of the South with a more sympathetic
eye, are well worth studying. They do ultimately have much to do with the validity and
invalidity of natural law theory as it works its way out in historical practice..
An fertile approach to natural law, taken in a rather broad sense, concerns Leon Kass' two
books, Toward a More Natural Science and The Hungry Soul. Kass takes a medically informed
look at the actual operations of human life and the way it is informed by soul and how intimately
the body is related to it. Kass' books, I think, are pioneering and will almost do more than any
others to prepare us to look at what we might mean by a natural functioning that informs our
lives. Maritain's famous definition of a natural law in his Man and the State, as "the normalcy
of functioning", finds much detailed support in Kass' works. They are must reading, I think.
I have also found the work of Father Stanley L. Jaki to be pertinent to the field of natural
law in more than a tangential way. Jaki's studies in the history of science are especially
valuable. I well recall reading his The Road of Science and the Ways to God and being struck by
his discussion of the philosophical and theological origins of science -- why did it begin?
where? why not elsewhere? on what principles?7 Jaki's argument is that science depends on a
proper understanding of the relation of God and the world. A god who is purely arbitrary can
have no "law". A god who is everything -- pantheism -- cannot be a god in which science can
flourish. What is needed is a god who is not the world and a world that is not itself absolute.
What is to be argued is a world that reveals a secondary but stable order, a contingent regularity,
in other words, a law. For those interested in the science side of natural law, Jaki's works are
indispensable. Likewise, I have always found J. M. Bochenski's little chapter on "Law" in his
very useful book Philosophy -- an Introduction, to be the best statement of the sort of thing Jaki
was trying to establish.
6
George W. Carey, The Federalist: Design for a Constitutional Republic (Urbana:
University of Illinois Press, 1989).
7
Stanley L. Jaki, The Road of Science and the Ways to God (Chicago: University of
Chicago Press, 1978).
8
Moreover, as is becoming more clear every day, the main issue that natural law theory
will have to face immediately is that having to do with ecology or environment. Probably in no
area is there more confusion or a more aggressive attack on the priorities of natural law. Paul
Johnson has noted that much totalitarian theory has reappeared in the ecology or environmental
movements, among other places.8 I have included Julian Simon's The Ultimate Resource, both
because of its pioneering work in the field of the relation of human population to human
resources, but also because it restores the balance in thinking of the priority of man and nature.9
One of the remarkable features of the ecology movement has been the ease with which classic
natural law positions have, presumably, had to yield to the very dubious terms of this new
ideology. The extraordinary attention to animal, vegetation, and even rock rights reveals the
degree to which this area has come to dominate discussions of human rights. Man is more and
more reduced to a function of nature, not its purpose and crown.
A crucial aspect of natural law is precisely its relation to revelation. Strauss in a famous
passage did not want to consider St. Thomas' natural law as really philosophical because it is said
to arise in revelation. This relationship of reason to divine and natural law is a basic philosophic
issue and it quite well represented in the literature. Related to this side of the question is the
extent to which we find natural law in the Protestant tradition. It is there, though in a more
attenuated and nuanced fashion. No doubt it must be said, however, that one of the very best
books ever written on natural law was C. S. Lewis' Mere Christianity. For the most part, even
though natural law is older than Christianity, natural law is looked upon as a particularly Catholic
preserve. This exclusivity is perhaps ironic since one of the main reasons Catholics are
interested in natural law is because it is a non-religious link to non-Catholics, non-Christians, and
non-theists. The Catholic tradition has taken great pains to argue on what it calls a natural law
basis precisely to grant reason its objective due. Indeed, the validity of reason and its proper
grounding is essential for revelation.10 What is perhaps perplexing about the historic interest in
the natural law philosophic tradition as not having per se a religious origin is the abandonment of
reason itself in some sections of modernity and what is now called post-modernity. In one
sense, this turn of philosophic events has left reason more and more to the theists, perhaps even
to the Catholic theists, an ironic result that is well worth pondering.
Issues of abortion, population, contraception, euthanasia, genetic engineering, gender
confusion and manipulation, and in general human life, in its coming and going, are areas in
which we find considerable natural law thinking and writing. The famous opposition to Paul
8
Paul Johnson, "Is Totalitarianism Dead?" Crisis, 7 (February, 1989). 7-16.
9
See also James V. Schall, Human Dignity and Human Numbers (Staten Island: Alba
House, 1971).
10
See James V. Schall, Reason, Revelation, and the Foundations of Political Philosophy
(Baton Rouge: Louisiana State University Press, 1987); Robert Sokolowski, The God of Faith
and Reason (Notre Dame: University of Notre Dame Press, 1982).
9
VI's Encyclical Humanae Vitae launched a concerted attack on the version of natural law that
was said to support this position. The most important and insightful book in this field is
probably Janet Smith's 'Humanae Vitae': A Generation Later. What is being reluctantly
admitted is that there does seem to be a certain kind of logic at work in the moral order when the
naturalness of the law of life is denied. Paul VI almost seems a prophet if we look at the results
in the public order of denying the intrinsic relation of love, marriage, and life. We no longer
deal with questions of contraception so much as homosexuality, fetal experimentation, surrogate
birthings, and a host of other practices which even though legislated as legal still appear in some
objective fashion as precisely "unnatural".
A final area that needs elaboration is the relation of metaphysics and natural law.
Raymond Dennehy's essay "The Ontological Basis of Human Rights" remains an excellent study
of this topic. With the recent publication (Peter Lang, 1993) of Karol Wojtyla's philosophical
essays from the 1950's to 70's we can likewise see that he was very perceptive about the relation
between metaphysics and ethics. One of the curious thing that has happened in many academic
philosophical departments, especially those in Catholic universities, is the almost total take over
of the philosophical discipline by ethics and ethical questions -- not that interest in human
living, as the Holy Father pointed out in one of his essays, is not itself normal and to be expected.
This relative neglect of other areas related to ethics has always struck me as a fatal mistake.
The intimate relation between ethics and metaphysics in Wojtyla's essays strikes a balance and
depth that is rarely seen in these areas. The writings of Josef Cardinal Ratzinger are also very
illuminating to natural law studies. His Inaugural Lecture to the French Academy (November 6,
1992) is well worth reading in this regard. Natural law studies, in any case, are directly related
to the prior topics of ethics and metaphysics.
Looking over this bibliography of natural law writings, clearly, a number of other themes
that I have not touched on recur. What I think is important is for the reader interested in natural
law is some immediate awareness of the amount of very first-rate thinking that has been going on
in this area. It is not always in agreement, of course, and there are some times heated disputes in
the field. All this proves a thesis of mine in another context which argues that just because
something is neglected in dominant institutions and media, there still can be quietly something
else of great depth going on. Some few who remain independent enough and enterprising
enough continue what has in fact been a perennial concern of the human mind.11
I think that the two journals, The American Journal of Jurisprudence and Virginia Black's
Vera Lex, have been especially important, though natural law thinking is respected in and appears
with some regularity in a number of other journals, The Review of Politics and The Thomist, to
mention only two. The Indices of all these journals contain much that is central to any complete
consideration of natural law. When we realize the reality of correct political thinking in
academia, we can hardly overestimate the value of small journals and organization who manage
independently of the fads and exclusive controls of the mainline journals and organizations to
11
See James V. Schall, Another Sort of Learning (San Francisco: Ignatius Press, 1988).
10
keep attention focused on what are the real problems of mankind. They contribute to a
development of that central line of thought about natural law that has so enhanced human worth.
New journals come into existence and old and worthy ones -- I think of Thought -- sometimes
die. No doubt we need to produce a Compact Disk, on which we can find all the writings on
natural law, with index. It would probably take a couple of disks. We need a natural law
discussion group -- there may even be one -- we can use on our computers. But these will
come before we know it.
Natural law, of course, is not merely a scholarly enterprise. Indeed, if that is all it were,
it would be of only passing interest. Rather, as Veritatis Splendor suggests, natural law refers to
a way of life, to a quest for right living. Moreover, it claims to know in what right living
consists. Natural law in a sense is a kind of moral and intellectual but private declaration of
independence. We can hardly repeat today those famous words that refer to self-evident truths,
to "life, liberty, and the pursuit of happiness," without pangs of conscience, as it is so evident that
we have as a people distanced ourselves from this declared foundation. This awareness makes it
more clear that the quiet, out-of-the-way effort to keep this tradition alive not merely as
something to be studied but as something to be lived is one of the great tasks of civilization, of
knowing what it is, of preserving it, of furthering it.
There should be no doubt then that natural law and civilization are intimately related. To
the degree that they are not, right order of soul as well as of the city collapse. When the collapse
does occur, we can only begin to think about the disorder and wonder how it occurred. When
we do consider what we have brought into existence, we will find that the definitions of our
disorders constitute, as in a convex mirror, the outlines of the true natural law, of how life ought
to be lived without the moral and civilizational disorder that are spread before us. We ironically
claim to be "autonomous". We claim to be governed by no natural law. We claim this because
we think that the only thing we can know is ourselves and of ourselves, only what we will,
presupposed to nothing but ourselves. C. S. Lewis rightly called this consequence "the abolition
of man".
This natural law bibliography, I think, in conclusion, is still a flickering sign that the
outlines of civilization, even, if you will, of the City of God, are being preserved and even
fostered, at least in some modern obscure and outlying outposts of the inheritors of the old
Roman Empire. We are aware that by any classic natural right or natural law understanding we
witness terrible events in our times. We also know that many people also of our time "have not
the faintest awareness of what is happening." This natural law bibliography, perhaps, is an
indication that at least some few are aware of the paradoxes and, though worried, they are still
hopeful about reason, revelation, and, yes, natural law.
______________
NATURAL LAW BIBLIOGRAPHY
11
(The following is an extensive but still partial listing of books and essays on the natural
law written in the past fifty years. Most of these are in English or are English translations.
There are some French, German, Italian, and Spanish materials. Each of these languages will
have numerous books and essays on the topic).
Books:
Aartsen, Jan, and Leo J. Elder, "Lex" and "Libertas": Freedom and Law according to St.
Thomas Aquinas (Vatican City: Editrice Vaticana, 1987).
Aquinas, Saint Thomas, Aquinas: Selected Political Writings, Edited with an Introduction
by A. P. d'Entreves (Totowa, N. J.: Barnes & Noble, 1981).
________, On Politics and Ethics, Translated and Edited by Paul E. Sigmund (New York:
Norton, 1988).
________, Saint Thomas Aquinas: On Law, Morality, and Politics, Edited by William
P. Baumbarth and Richard J. Regan, (Indianapolis: Hackett, 1988).
________, St. Thomas Aquinas: On Politics and Ethics, Edited and Translated by Paul
E. Sigmund (New York: Norton, 1988).
Arkes, Hadley, Beyond the Constitution (Princeton: Princeton University Press, 1990).
________, First Things: An Inquiry into the First Principles of Morals and Justice
(Princeton: Princeton University Press, 1986).
Battaglia, Anthony, Towards a Reformulation of Natural Law (New York: Seabury,
1981).
Begin, R. F., Natural Law and Positive Law (Washington: Catholic University Press,
1959.
Berman, Herald J., Law and Revolution: The Formation of the Western Legal Tradition
(Cambridge: Harvard University Press, 1983)
Bloch, Ernest, Natural Law and Human Dignity, Translated by Dennis J. Schmidt
(Cambridge: MIT Press, 1986).
Bloom, Allan, Confronting the Constitution (Washington:
Institute, 1990).
American Enterprise
Bocklle, Franz, Das Naturrecht im Disput (Dusseldorf: Patmos-Verlag, 1966.
12
Brown, Brendan F., The Natural Law Reader (Docket Series, N. 13; New York, Oceana,
1960).
Brown, Leo C., "Natural Law and Economics," The New Catholic Encyclopedia (New
York: Macmillan, 1967), 266-68.
Brown, Oscar J., Natural Rectitude and Divine Law in Aquinas (Toronto: Pontifical
Institute of Medieval Studies, 1981).
Carlyle, A. J., A History of Medieval Political Theory: From the Roman Lawyers of the
Second Century to the Political Writers of the Ninth (Edinburgh, Blackwood, MCMXXX). Vol.
I.
________, R. W. and A. J., A History of Medieval Political Theory in the West: The
Political Theory of the Roman Lawyers and Canonists, from the Tenth Century to the Thirteenth
Century, Vol. II, MCMXXVIII.
Carroll, William A., "The Natural Law in the Incorporation of the First Amendment into
the Due Process Clause and Fourteenth Amendment," Doctoral Dissertation, Georgetown
University, 1963.
Cogley, John, Editor, Natural Law and Modern Society (Cleveland: World, 1962.
Corwin, Edward S., The "Higher Law" Background of American Constitutional Law
(Great Seal Books; Ithaca: Cornell University Press, 1961.
Cranston, Maurice, What Are Human Rights? (New York: Taplinger, 1973).
Crowe, Michael Bertram, The Changing Profile of the Natural Law (The Hague:
Nijhoff, 1977).
Delhaye, Phillippe, Permanence du droit naturel (Louvain: Nauwelaerts, 1967).
DeLubac, Henri, Nature and Grace (San Francisco: Ignatius Press, 1984).
D'Entreves, A. P, The Natural Law:
Torchbooks, 1951).
An Historical Survey (New York:
Harper
Ellul, Jacques, The Theological Foundations of Law (Garden City, N. Y.: Doubleday,
1960).
Evans, Illtud, Light on the Natural Law (Baltimore: Helicon, 1965).
13
Farrell, Patrick M., Sources of St. Thomas' Concept of Natural Law (Melbourne: [Reprint
from The Thomist XX, 1957, 237-94], 1957).
Finnis, John, Natural Law and Natural Rights (New York: Oxford, 1980).
Fuchs, Josef, The Natural Law: A Theological Investigation (New York, 1965).
George, Robert P., Natural Law Theories: Contemporary Essays (New York: Oxford,
1992).
Glendon, Mary Ann, Rights Talk: The Impoverishment of Political Discourse (New
York: The Free Press, 1991). [Schall Review, "The Wrong of 'Rights'," in Freedom Review 23
(August, 1992), 50-52).
Grisez, Germain G., Beyond the New Morality (Notre Dame: University of Notre Dame
Press, 1988.
________, Contraception and the Natural Law (Milwaukee:
Bruce, 1964.
________, A Grisez Reader for Beyond the New Morality (Lanham, MD.: University
Press of America, 1982.
Hegel, G. W. F., Natural Law, Translated by T. M. Know (Philadelphia: University of
Pennsylvania Press, 1975).
Hervada, Javier, Natural Right and Natural Law: A Critical Introduction (Pamplona,
Spain: University of Navarra, 1987).
Hittinger, Russell, A Critique of the New Natural Law Theory (Notre Dame: University
of Notre Dame Press, 1987).
Hogue, Arthur R., Origins of the Common Law (Indianapolis: Liberty Press, 1985).
Jaffa, Harry V., Original Intentent and the Framers of the Constitution: A Disputed
Question (Washington: Regnery/Gateway, 1994).
Kass, Leon, The Hungry Soul: Eating and the Perfecting of Our Nature (New York:
The Free Press, 1994).
________, Toward a More Natural Science: Biology and Human Affairs (New York:
The Free Press, 1985).
14
Kelly, David R., The Human Measure: Social Thought in the Western Legal Tradition
(Cambridge: Harvard University Press, 1990).
Kenny, J. F., "Reflections on Human Nature and the Supernatural," Theological Studies,
14 (1952), 280-87.
Kern, F., Kingship and Law in the Middle Ages, Translated by S. B. Chrimes (Oxford:
Basil Blackwell, 1948).
Kleinknecht, Hermann and W.Gutbrod, Law, Bible Key Words from Gerhard Kittel
(London: Adam and Charles Black, 1962).
Lewis, C. S., The Abolition of Man (New York: Macmillan, 1947)
________, Mere Christianity (London, Fontana, 1961).
Lippmann, Walter, The Public Philosohy (New York: Mentor, 1944).
Maritain, Jacques, Man and the State (Chicago: University of Chicago Press, 1952).
________, The Rights of Man and the Natural Law, Translated by Doris C4. Anson (San
Francisco: Ignatius Press, 1986).
McCoubrey, H., Development of Naturalistic Legal Theory (New York: Croom Helm,
1987).
McCoy, Charles N. R., The Structure of Political Thought (New York: McGraw-Hill,
1963)
Medieval Tradition of Natural Law, Edited by Harold J. Johnson (Toronto: Medieval
Institute, 1987.
Messner, Johannes, Social Ethics: Natural Law in the Western World, Translated by J. J.
Doherty (St. Louis: Herder, 1974).
Midgley, E. B. F., The Natural Law Tradition and the Theory of International Politics
(London: Elek, 1975).
Miller, Fred D., Jr, Nature, Justice, and Rights in Aristotle's Politics (Oxford: Oxford
University Press, 1996). See "Aristotle's Politics: A Symposium," The Review of Metaphysics,
XLIX (June, 1996), 731-908.
Murray, John Courtney, We Hold These Truths (New York: Doubleday Image, 1956).
15
Newman, Jeremiah, Conscience vs. Law: Reflections on the Evolution of Natural Law
(Chicago: Franciscan Herald Press, 1971).
Oakley, Francis, Natural Law, Conciliarism, and Consent in the Late Middle Ages
(London: Variorum Reprints, 1984.
Pieper, Josef, Living the Truth: The Truth of All Things and Reality and the Good (San
Francisco: Ignatius Press, 1989).
Rice, Charles, Fifty Questions on the Natural Law (San Francisco: Ignatius Press, 1993).
Rommen, Heinrich A.,The State in Catholic Thought (St. Louis: B. Herder, 1945).
________, The Natural Law, Translated by Thomas R. Hanley (St. Louis: B. Herder,
1947).
Sandoz, Ellis, A Government of Laws: Political Theory, Religion, and the American
Founding (Baton Rouge: Louisiana State University Press, 1990).
Sigmund, Paul E., Natural Law in Political Thought (Cambridge: Winthrop, 1971).
________, "Natural Law in Political Thought," The New Catholic Encyclopedia (New
York: Macmillan, 1967), pp. 268-71.
Simon, Julian L., The Ultimate Resource 2 (Princeton:
Princeton University Press,
1996).
Simon,Yves, The Tradition of Natural Law: A Philosopher's Reflections, Edited by
Vukan Kuic (New York: Fordham University Press, 1965, [1993 edition with Introduction by
Russell Hittinger]).
Smith, Janet, 'Humanae Vitae':
University of America Press, 1991).
A Generation Later (Washington: The Catholic
Stanlis, Peter J., Edmund Burke and the Natural Law (Ann Arbor, MI., 1958.
Strauss, Leo, Natural Right and History (Chicago: University of Chicago Press, 1953).
Thomas Aquinas, On Politics and Ethics, Translated and Edited by Paul E. Sigmund
(New York: Norton, 1988).
Tuck, Richard, Natural Rights: Their Origin and Development (Cambridge: Cambridge
University Press, 1979).
16
Veatch, Henry, Human Rights: Fact or Fancy (Baton Rouge: Louisiana State University
Press, 1985).
________, Rational Man:
A Modern Interpretation of Aristotelian Ethics
(Bloomington: Indiana University Press, 1962.
Voegelin, Eric, The New Science of Politics (Chicago: University of Chicago Press,
1952).
Wilhelmsen, Frederick D., Christianity and Political Philosophy (Athens: University of
Georgia Press, 1980).
Wild, John, Plato's Modern Enemies and the Theory of Natural Law (Chicago:
University of Chicago Press, 1953).
Wojtyla, Karol, Person and Community: Selected Essays, Translated by T. Sandok
(New York: Peter Lang, 1993). [Reviewed by James V. Schall, in The American Journal of
Jurisprudence, 39 (1994), 499-502].
Wu, John C. H., Fountain of Justice (New York: Sheed & Ward,1955.
17
Selected Essays on Natural Law:
[The following journals will frequently have articles dealing with natural law: The
American Journal of Jurisprudence (formerly The Natural Law Forum); Vera Lex (Journal of the
Natural Law Society); The Review of Politics; Thought; Modern Schoolman; New
Scholasticism, The Thomist, The Catholic Lawyer, Human Rights Quarterly; check also under
"Natural Law" in The Social Science Index, The Humanities Index, The British Humanities
Index, The Catholic Periodical Index, and The Philosophy Index].
Abraham, M. B., "What Constitutes a Civil Right?" New York Times Magazine, June 10,
1984, 52-54.
Adams, E. M., "The Ground of Human Rights," American Philosophical Quarterly, 19
(April, 1982), 192-96.
Adams, J. L., "The Law of Nature in Graeco-Roman Thought," Journal of Religion, 25
(April, 1945), 97-118.
Alzeghy, Zoltan, "Il concetto di natura en teologia," Civiltà Cattolica, 138 (Gennaio,
1987), 115-29
Ambrosetti, G., "Christian Natural Law," American Journal of Jurisprudence, 16 (1971),
290-301.
Anan, S., "Some Trends of Legal Thought and Natural Law Study in Japan," Natural Law
Forum, 7 (1962), 109-19.
Anscombe, G. E. M., "Contraception and Natural Law," New Blackfriars, 46 (June,
1965), 517-21.
Antoine, P., "Conscience et loi naturelle," Etudes, 317 (May 1963), 162-83.
Aragones, Jay J., "Beyond Bork and Brennan: Should Catholic Law Schools Teach
Natural Law?" Crisis, 8 (November, 1990), 14-19.
Arkes, Hadley, "Natural Law -- Again: Remembering the Law We Used to Know,"
Benchmark, V (Winter, 1993), 55-58.
________, "On Natural Rights: Speaking Prose All Our Lives," The Heritage Lecture
Series, (#424), Heritage Foundation, 1992.
18
Arntz, Joseph T. C., "Natural Law and Its History," Moral Problems and Christian
Pluralism (Concilium, V. 5), (New York: Paulist, 1965), pp. 39-57.
Ashmore, R., "Aquinas and Ethical Naturalism," New Scholasticism, 49 (Winter, 1975),
76-86.
Bandry, Gerard-Henry, "Note sur les fondaments theologiques des droits de l'homme,"
Melanges de Science Religieuse, 44 (March,1987), 15-28.
Baum, Gregory, "Protestants and Natural Law," The Commonweal, 73 (January 20,
1961), 427-30.
Beck, A., "Natural Law and the Reformation," Clergy Review, NS 21 (April, 1941),
73-81.
Beis, R. H., "Contraception and the Logical Structure of the Thomas Natural Law Theory,"
Ethics, 75 (July, 1965), 277-84.
Berger, Peter, L., "Are Human Rights Universal?" Commentary, 64 (September, 1977),
60-63,
Black, Virginia, "Reflections on Natural Law: A Critical Review of the Thought of Yves
Simon," Vera Lex, IX (#2, 1989), 10-13.
Blitz, Mark, "Radical Historicism and the Meaning of Natural Right," Modern Age, 28
(Spring/Summer, 1984), 243-246.
Bochenski, J. M., "Law," Philosophy
Torchbooks, 1972), pp. 9-19.
-- an Introduction (New York:
Harper
Bockmuhl, K., "Natural Law," Christianity Today, 22 (November 18, 1977), 59-60.
Boivin, M., "Natural Law and Cultural Norms," Afer, 20 (August, 1978), 230-35.
Bosc, Robert, "Natural Law and International Law in an Unstable International System,"
World Justice IV (#3, 1962-63), 316-30.
Bourke, Vernon J., "Synderesis and Right Reason," The Monist, 66 (January, 1982),
71-82.
________, "Is Thomas Aquinas a Natural Law Ethicist?" The Monist, 58 (January, 1974),
52-66.
19
________, "Natural Law, Thomism, and Professor Nielson," Natural Law Forum, 5
(1960), 112-19.
________, "Two Approaches to Natural Law," Natural Law Forum (#1, 1956), 92-96.
[Also appears as "The Natural Law," The Commonweal, LXIV (September 7, 1956) 562-63].
________, "Review of John Finnis' Natural Law and Natural Rights," The American
Journal of Jurisprudence, 24 (1981), 243-47.
Boyle, Joseph, "The Natural Law and the Magisterium," Proceedings of the Catholic
Theological Association, 34 (1979), 185-210.
________, "Radical Moral Disagreement in Contemporary Health Care:
Catholic Response," Journal of Medical Philosophy, 19 (April, 1994), 183-210.
A Roman
Brady, Bernard, "An Analysis of the Use of Rights Language in Pre-Modern Catholic
Social Thought," The Thomist, 57 (Manuary, 1993), 97-121.
Bradley, Gerald V. and Robert George, "The New Natural Law Theory: A Reply to Jean
Porter," American Journal of Jurisprudence, 39 (1994), 303-16.
Bredvold, Louis I., "The Meaning of the Concept of Right Reason in the Natural Law
Tradition," University of Detroit Law Review, 8 (December, 1959), 120-29.
Broderick, J. A., "Natural Law, St. Thomas, and Contemporary Problems," Dominicana,
45 (Fall, 1960), 216-40.
Brown, Brendan. F., "Natural Law," The New Catholic Encyclopedia (New York:
Macmillan, 1967), V. 10, pp. 251-56.
________, "The Natural Law as the Moral Basis of International Justice," Loyola Law
Review (New Orleans), 8 (1955-56), 59-68.
Brown, J., "H. L. A. Hart's Approach to Natural Law," Cithara, 12 (May, 1973), 3-17.
Brown, O. J. P., "Aquinas Doctrine on Slavery in Relation to Thomistic Thinking on
Natural Law," Proceedings of the American Catholic Philosophical Association, 53 (1979), 17381.
Brown, S. E., "Science, Technology, and Human Rights," Physics Today, 34 (March,
1981), 27-29.
Brown, S. M., "Inalienable Rights," Philosophical Review, 64 (April, 1955), 192-211.
20
Browne, M., "The Natural Law," Irish Ecclesiastical Record, 105 (May, 1965), 281-91;
104 (August-September, 1965), 108-09.
Brubaker, Stanley, "Taking Dworkin Seriously," Review of Politics, 47 (January, 1985),
45-65.
Brugger, W., "Veranderlichkeit des Naturrechts?" Stimmen der Zeit, 192 (November,
1974), 771-79.
Buckley, William F., "Human Rights and Foreign Policy," Foreign Affairs, 58
(September, 1980), 775-96.
Bunzel, John H., "The Politics of Human Rights," Current, 241 (March-April, 1982),
21-25.
Cahill, W., "Natural Law Jurisprudence in Legal Practice," Catholic Lawyer, 4 (Winter,
1958), 23-40.
Caldwell, J. L., "American Purpose and International Human Rights," Vital Speeches, 46
(February 1, 1980), 251-53.
Caldwell, G. A., "Jefferson Renounced: Natural Rights in the Old South," Yale Review,
58 (March, 1969), 388-407.
Calhoun, R. L., "Democracy and Natural Law," Natural Law Forum, 5 (1960), 31-61.
Canavan, Francis, "Conscience and Pluralism," America, 110 (April 18, 1964), 536-39.
Carlin, D. R., "Doing What Comes Naturally, The Commonweal, 121 (October 21, 1984),
8-9.
Carlyle, A. J., "The History and Significance of the Conception of the Natural Law," The
Dublin Review, 210 (April, 1942), 124-30.
Carnes, J. R., "Whether There Is a Natural Law?" Ethics, 77 (January, 1967), 122-29.
Carney, F. S., "Outline of a Natural Law Procedure for Christian Ethics," Journal of
Religion, 47 (January, 1967), 26-33.
Carr, A., "The Right of a Bishop to Interpret the Natural Law," Homiletic and Pastoral
Review, 66 (November, 1965), 162.
21
Caspar, Ruth, "Natural Law: Before and Beyond Bifrucation," Thought, 60 (March,
1985), 58-72.
Cassin, R., "How the Charter on Human Rights Was Born," UNESCO Courier, 21
(January, 1968), 4-6.
Cathrein, Victor, "Right," The Catholic Encyclopedia (New York: Appleton, 1912), pp.
55-57.
Chirico, Peter, "Revelation and Natural Law," Theological Studies, 52 (September, 1991),
539-40.
Chroust, Anton-Hermann, "Hugo Grotius and the Scholastic Natural Law Tradition,"
New Scholasticism, 17 (April, 1943), 101-33.
________, "Natural Law and 'According to Nature' in Ancient Philosophy," American
Journal of Jurisprudence, 23 (1978), 73-87.
________, "A Survey of the Main Achievements of the Spanish Jurist-Theologians,"
American Journal of Jurisprudence, 26 (1981), 112-24.
Clark, A. I., "Human Rights," Annals of the American Academy of Political Science, 16
(September, 1900), 212-26.
Clark, Desmond M., "Natural Law and the Dynamics of the Will," Philosophical Studies,
27 (1980), 40-54.
Clement, L., "Le jus gentium," Revue Universitaire Ottawa, 10 (December, 1940),
100-24.
Cohen, L. N., "The American Revolution and Natural Law Theory," Journal of the
History of Ideas, 39 (July, 1979), 491-502.
Colbert, "Euthanasia and Natural Law," Linacre Quarterly, 45 (May, 1978), 187-98.
Coleman, Gerald D., "Natural Law and the Declaration on Euthanasia," Linacre
Quarterly, 48 (August, 1981), 259-64.
Connor, W. R., "Law in Thomas Aquinas," Religion in Life, 31 (Spring, 1962), 219-27.
Constable, George W., "A Criticism of 'Practical Principles, Moral Truth, and Ultimate
Ends' by Grisez, Boyle, and Finnis," The American Journal of Jurisprudence, 34, 1987, 19-22.
22
________, "Natural Law and Moral Collisions: the Problem of Priorities among
Conflicting Values," The American Journal of Jurisprudence, 41(1996), 2-3-28.
________, "The Problem of a Hierarchy of Values in Natural Law: A Response to
Professor Furton," The American Journal of Jurisprudence, 41 (1996), 63-68.
________, "What Does Natural Law Jurisprudence Offer?" Catholic University Law
Review, 4 (January, 1954), 1-21.
________, "What Good Is Natural Law? -- A Lawyer's Perspective," American Journal
of Jurisprudence, 26 (1981), 66-79.
________, "Who Determines What the Natural Law Is?" Natural Law Forum, 7 (1962),
54-83.
Conway, J., "The Natural Law Argument," Marriage, 49 (May, 1967), 44-49.
Corley, F. J., "The American Proposition and Natural Law: Murray and Douglas,"
Social Justice Review, 53 (March, 1961), 375-77.
Coste, René, "Loi naturelle et loi evangelique," Nouvelle Revue Théologique, 92
(January, 1970), 76-89.
Costello, Declan, "The Natural Law and the Irish Constitution," Studies, Dublin, 45
(Winter, 1956), 403-14.
Coventry, J., "Christian Conscience," Heythrop Journal, 7 (April, 1966), 145-60.
Cranston, Maurice, "Are There Any Human Rights?" Daedalus, 112 (Fall, 1983), 1-17.
Crosson, Frederick, "Maritain and Natural Rights," Review of Metaphysics, 36 (June,
1983), 895-912.
________, "Religion and Natural Law," American Journal of Jurisprudence, 32 (1987),
1-17.
Crowe, M. B., "The Irreplaceable Natural Law," Studies, 51 (Summer, 1962), 268-85.
________, "Natural Law Before St. Thomas," Irish Ecclesiastical Record, 76 (September,
1951), 193-204.
________, "St. Thomas and the Natural Law," Irish Ecclesiastical Record, 76 (October,
1951), 293-305.
23
Cunningham, S. B., "Albertus Magnus on Natural Law," Journal of the History of Ideas,
28 (October, 1967), 479-502.
Cvek, Peter P., "Francisco Suarez on Natural Law," Vera Lex, IX (#2, 1989), 3-4.
D'Amato, Anthony, "Lon Fuller and Substantial Natural Law," American Journal of
Jurisprudence, 26 (1981), 202-18.
Davidson, J. F., "Natural Law and International Law in Edmund Burke," Review of
Politics, 21 (July, 1959), 483-94.
Dawson, Christopher, "Human Nature and the Destiny of Man," in God and the
Supernatural, Edited by Father Cuthbert (London: Sheed & Ward, 1954), pp. 57-84.
de Cervera, Alejo, "Natural Law Thinking: A Rectification," Vera Lex (VIII (#1, 1988),
4-5.
Degnan, Daniel J., "Two Models of Positive Law in Aquinas: A Study of the
Relationship of Positive Law and Natural Law," The Thomist, 46 (January, 1982), 1-32.
de Koninck, Charles, "General Standards and Particular Situations in Relation to the
Natural Law," Proceedings of the American Catholic Philosophical Association, 24 (1950),
28-32.
Delhaye, P., "Droit naturel et théologie morale," Revue Théologique de Louvain, 6 (#2,
1975), 137-64.
Delattre, Edward, "Rights, Responsibilities, and Future Persons," Ethics, 82 (April,
1972), 254-58.
Del Vecchio, Giorgio, "Change and Permanence in Law," The Jurist, 3 (June, 1958),
18-38.
________, "Natural Law as the Foundation of a Society of the Human Race," World
Justice, (Louvain), 4 (March, 1963), 307-14.
________, "Natural Law in the Teachings of Pius XII," The Jurist, XX (July, 1960),
243-52.
Dennehy, Raymond, "Bodenheimer's Theory of Natural Law," U.C. Davis Law Review,
26 (Spring, 1993), 619-52.
24
________, "The Ontological Basis of Human Rights," The Thomist, 42 (July, 1978),
434-63.
D'Entreves, Alexander P., "The Case for Natural Law Reexamined," Natural Law Forum,
1 (1056), 5-52.
Derrick, Christoher, "What Ever Became of Natural Law?" Columbia, 69 (January,
1989), 18-19.
Desmond, Charles S., "Natural Law and the American Constitution," Fordham Law
Review, XXII (December, 1953), 235-45.
Dexter, Midge, "Understanding Human Rights," Vital Speeches, 54 (December 15, 1987),
139-42.
Dietz, Godfried, "Natural Law in Modern European Constitutions," Natural Law Forum,
1 (1956), 73-91.
Diggins, J. P., "From Pragmatism to Natural Law: Walter Lippmann's Quest for the
Foundations of Legitimacy," Political Theory, 19 (November, 1991), 519-31.
"Diritto naturale nella dottrine sociale della Chiesa," Civiltà Cattolica, 149 (II) (June,
1987), 521-34.
Dobbs, Darrell, "Natural Right and the Problem of Aristotle's Definition of Slavery,"
Journal of Politics, 56 (February, 1994), 69-94.
Dolan, J. V., "'Humanae Vitae' and Nature," Thought, 44 (Autumn, 1969), 358-76.
Donagan, A., "The Scholastic Theory of the Natural Law in the World Today,"
Proceedings of the American Catholic Philosophical Association, 40 (1966), 30-40.
Donohue, William A., "The Social Consequences of the Rights Revolution," The
Intercollegiate Review, 22 (Spring, 1987), 41-46.
Dougherty, Jude, "The Determination of Moral Norms," Proceedings of the American
Catholic Philosophical Association," 52 (1978), 35-51.
________, "Thomas on Natural Law: What Justice Thomas Did Not Say," Modern
Schoolman, 69 (March, 1992), 395-406.
Drinkwater, F., "The Holiness of the Natural Law," Clergy Review, 49 (July, 1964),
428-38.
25
"Droit et Société," Symposium, Lumière et Vie, 20 (Avril-Mai, 1971), 5-89.
Duff, Edward, "The 'Changeable' Natural Law," Social Order, 10 (February, 1960), 49-52.
Dufour, A., Review of John Finnis Natural Law and Natural Right, Journal of Modern
History, 54 (June, 1982), 292-302.
Dunning, W. A., "State of Nature and Natural Rights," Political Science Quarterly, 20
(June, 1905), 230-02.
Dupré, Louis, "Natural Law and Birth Control," Philosophy Today, 9 (Summer, 1965),
94-100.
Edwards, C., "Law of Nature in the Thought of Hugo Grotius," Journal of Politics, 32
(November, 1970), 784-807.
Eliot, R, "Moral Autonomy, Self-Determination, and Animal Rights," The Thomist, 70
(January, 1987), 83-97.
Etienne, Jacques, "L'avenement de la moralité et le rapport à la nature," Revue
Théologique de Louvain, 12 (#3, 1981), 316-23.
________, "La nature est-elle un critère de moralité?" Revue Philosophique de Louvain,
64 (November, 1966), 582-93.
Eyt, Pierre, "On n'en a pas fini avec le droit naturel,"Nouvelle Revue Théologique, 105
(Janvier-Février, 1983), 23-32/
Fameree, Joseph, "La fonction du magistère ecclesial au morale," Nouvelle Revue
Théologique, 107 (Septmbre, 1983), 722-39.
Farrell, Walter, "Law in Aristotle and St. Thomas," New Scholasticism, 24 (October,
1950), 439-44.
Fasso, G., "On Natural Law as the Basis of Democracy," Natural Law Forum, 7 (1962),
97-108.
Fay, C., "Natural Moral Law in the Light of Cultural Relativism and Evolutionism,"
Anthropological Quarterly, 38 (October, 1961), 177-91.
Fay, Thomas A., "Maritain on Righrts and Natural Law," The Thomist, 55 (July, 1991),
439-48.
26
Finnis, John, "Natural Law and Unnatural Acts," Heythrop Journal, 11 (October, 1970),
365-87.
Fitzgerald, Desmond J., "The 'State of Nature' Theories of the 17th and 18th Centuries
and the Natural Law," Proceedings of the American Catholic Philosophical Association, 32
(1958), 161-72.
Flippen, Douglas, "Natural Law and Natural Inclination," New Scholasticism, 60
(Summer, 1986), 284-316.
Flynn, T. E., "Natural Law," Blackfriars, 33 (May, 1952), 107-13.
Forbes, A. M., "Johnson, Blackstone and the Tradition of Natural Law," Mosaic, 27
(December, 1994), 81-98.
Forte, David, "Natural Law and Natural Laws," University Bookman, XXVI (Summer,
1986), 75-83.
________, "Nurture and Natural Law," U.C. Davis Law Review, 26 (1993), 691-725.
Fortin, Ernest L., "Augustine, Thomas Aquinas, and the Problem of Natural Law,"
Mediaevalia, 4 (1978), 179-208.
________, "Natural Law and Social Justice," The American Journal of Jurisprudence 30
(1980), 1-20.
________, "The New Rights Theory and the Natural Law," The Review of Politics, 44
(October, 1982), 590-612; Responses July, 1983, 443-49.
________, "'Sacred and Inviolable': Rerum Novarum and Natural Rights," Theological
Studies, 53 (June, 1992), 203-33.
Fox, James J., "Law, Natural," The Catholic Encyclopedia, (New York:
1910), pp. 76-79.
Appleton,
Fox, Robin, "Of Inhuman Nature & Unnatural Rights," Encounter, LVIII (April, 1982),
42-53.
Frankena, W. K., "Natural and Inalienable Rights," Philosophical Review, 66 (April,
1955), 212-32.
Freeman, C. W., "The Human Rights Dimension in Africa," U. S. Department of State
Bulletin, 87 (February, 1987), 42-45.
27
Fried, G., "Natural Law and the Concept of Justice," Ethics, 74 (July, 1964), 237-54.
Friederich, Carl J., "Political Theory of the New Democratic Constitutions," Review of
Politics, 12 (April, 1950), 215-24.
Frost, Francis, "Droits de l'homme et droit naturel," Mélanges de Science Reliegieuse, 49
(Avril/Juin, 1992), 71-89.
Fuchs, Josef, "Ethique objective et éthique de situation," Nouvelle Revue Théologique,
78 (October, 1956), 798-818.
Fuller, Lon L., "Human Purpose and Natural Law," Natural Law Forum, 3 (1958),
68-104.
Furfey, Paul H., "Social Problems and the Natural Law," American Catholic Sociological
Review, 20 (Summer, 1959), 98-106.
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