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1
Korkman, Petter. "Barbeyrac and natural law /." Helsinki : [s.n.], 2001. http://catalogue.bnf.fr/ark:/12148/cb39245967r.
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Perreau-Saussine, Amanda Claire Radegund. "Natural law with gloves on : a critical exposition of John Finnis's natural law theory." Thesis, University of Cambridge, 2002. https://www.repository.cam.ac.uk/handle/1810/251851.
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Pedersen, Soeren Hviid. "Natural law and good polity." Thesis, University of Essex, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285853.
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Delacroix, Sylvie. "Legal normativity without natural law." Thesis, University of Cambridge, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.619600.
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Vrtiska, Josef Michael. "Natural Law: Religion and Integrity." Thesis, The University of Arizona, 2010. http://hdl.handle.net/10150/146249.
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This thesis examines the contemporary debates over the meaning of natural law. Kent Greenawalt and Ronald Dworkin weigh in on this debate and oppose the theory of natural law with some theories of law that they have developed themselves. Greenawalt argues that citizens in a liberal democracy are not to rely on their religious convictions but rather on publicly accessible reasons. The religious convictions that these citizens have are to be a secondary reliance but can be used in situations where publicly accessible reasons are absent such as abortion. Dworkin develops his theory of Integrity as Law which he explains as a "chain novel." Law is like a novel being written in which the judges must continually add chapters. The goal is integrity. Judges must treat the law that is in place as part of the novel that has already been partly written. It is a way to improve upon the existing laws and precedents. In order for a unifying acceptance of law and development of law, theories of law must be developed. Greenawalt and Dworkin each offer alternative approaches to natural law, and in this thesis, I compare how these theories apply to legal debates concerning abortion and pornography.
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Costello, Graham John. "Natural Law and Natural Rights in Nineteenth Century Britain." Thesis, The University of Sydney, 2013. http://hdl.handle.net/2123/10168.
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This thesis challenges the view of many historians that the natural law and natural rights tradition, while flourishing in the Enlightenment period, disappeared in nineteenth-century Britain with the expansion of the role of positive law, only to reappear post-World War II in human rights discourse. The focus of historians of political thought on canonical figures, Jeremy Bentham, John Austin, and John Stuart Mill, all of whom were antagonistic to the natural law and rights tradition has led them to fail to appreciate not only the continued role of natural law and rights but its development of a post-Enlightenment accommodation with positive law, resulting in a more pragmatic understanding of natural law. The examination of non-canonical figures who were nevertheless important in their time reveals the continued role of natural law as positive law expanded. The thesis is developed through the analysis of figures in areas where natural law was significant: Jurisprudence; the Law of Nations or International Law; and Spiritual Life. Jurisprudence was the area in which theorists of natural law mounted direct opposition to the theories of Jeremy Bentham, John Austin, and John Stuart Mill. The writers investigated include Charles Foster, an early nineteenth century proponent of natural law through his writings and lectures; the Scotsman, James Lorimer, writer and lecturer on jurisprudence and law of nations; and the Irish Catholic lawyer Denis Caufeild Heron. In International Law the advocates of natural law theory were Robert Phillimore, judge of the High Court of Admiralty; Travers Twiss and George Bowyer as civil lawyers; and James Lorimer. Writers on Natural Law in Spiritual Life, included Henry Drummond, lecturer and ecclesiast; George Combe, phrenologist; and John Seeley, historian; who were in conflict with churchmen over the church’s exclusive right to interpret religious teaching and the appropriate relationship between natural law and religion.
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George, Robert P. "Law, liberty and morality in some recent natural law theories." Thesis, University of Oxford, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.381847.
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Ford, Craig A. "Foundations of a Queer Natural Law." Thesis, Boston College, 2018. http://hdl.handle.net/2345/bc-ir:108247.
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Thesis advisor: James F. KeenanThe queer natural law is an ethical framework at the intersection of queer theory, queer theology, and the natural law ethical tradition largely used in Roman Catholic moral theology. As a framework, queer natural law adopts the eudaimonist, realist, and teleological emphases of the natural law virtue ethics tradition exemplified by Thomas Aquinas and restored by revisionist natural lawyers, and it refines the operations of these normative emphases through queer theory’s critical investigation of conceptual normativity. Conceived as a dynamic dialectical enterprise, queer theory offers to the natural law tradition a toolset for a more comprehensive assessment of human nature, specifically by taking a critical look at the operation of heteronormativity in normative frameworks. Symbiotically, the natural law tradition offers to queer theory a scaffold for conceiving of an ethics based in equality and nondiscrimination that allows queer theory’s ethical impulses to avoid postmodernity’s tendency towards circularity in ethical reasoning, precisely by grounding queer theory’s ethical motivations in a participatory discourse based in universal human goods. Using sexuality as a test case, this dissertation proceeds in four chapters. In the first, the notion of a queer natural law is explained in more detail. In the second, an account of human flourishing compatible with the queer natural law is articulated. In the third, a review of two natural law accounts of sexuality—magisterial and revisionist—is conducted. In the fourth and final chapter, differences between a revisionist natural law account of sexuality and a queer natural law account of sexuality are explored, defending the queer natural law thesis that the telos of sex is inter/personal pleasure
Thesis (PhD) — Boston College, 2018
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Theology
9
Koczela, Jeffrey Lewis. "Maritain and Maharishi on knowing natural law." Theological Research Exchange Network (TREN), 1990. http://www.tren.com.
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Toddington, S. W. "Towards an integrated theory of natural law." Thesis, University of Sheffield, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388184.
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Johnson, William Scott. "A natural law approach to teaching values." Thesis, University of Birmingham, 2012. http://etheses.bham.ac.uk//id/eprint/3406/.
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The teaching of values to youth in contemporary societies is more problematic than ever before. Globalisation, technological change, the decline of belief systems, and the breakdown of the family have created an environment where people fear that character education may impart values to children which conflict with their own. Natural law holds the potential to identify basic values which almost all can embrace. Some believe Hume’s Guillotine has rendered natural law reasoning invalid. The perceived objections to ethical naturalism of Hume, Moore, and Mackie are herein shown to pose no significant obstacles to natural law thought. A contemporary form of ancient natural law reasoning is advanced here; it is then combined with a uniquely simple and practical approach to pedagogy. This pedagogy is shown to have exceptional motivational power. The ability of the form of natural law reasoning here set forth to deduce prescriptivity from the natural world is then demonstrated, using the area of reproductive and gestational health in order to give an instantiation of legitimate derivation of values from facts. This ethical reasoning and teaching strategy will likely be approved by those who would otherwise object to children being taught values while at school.
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Kirby, Joshua Thomas. "Natural law in the Encyclopédie (1751-1772)." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/natural-law-in-the-encyclopedie-17511772(55b121a8-3e77-4be9-8f04-291d640c5cb2).html.
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Despite long-standing recognition that the constellation of ethical and political ideas developed by the seventeenth-century Natural Law School played an important part in the development of Enlightenment thought, the relationship between the two remains a fertile area of research in intellectual history. Filling a lacuna in existing scholarship, this thesis contends that central tenets of the ethical and political philosophies developed by the Natural Law School were appropriated by the more liberal and progressive contributors to the Encyclopédie ou Dictionnaire raisonné des Sciences, des Arts et des Métiers (1751-1772); which is frequently considered to be the summa of Enlightenment thought, and emblematic of the conflict between the new ‘philosophical spirit’ and the traditional hierarchies, institutions, and values of the ancien régime. It argues that by establishing the loi naturelle and natural rights of the individual as the foundation of both ethics and politics in many of its articles, the Encyclopédie questions the certainty and validity of Catholicism as the basis for both, and that it therefore played an important role in undermining the moral authority of the Church as well as the political authority of the State. In particular, it asserts that the more liberal and humanitarian contributors to the project put the central tenets of Natural Law thinking into practice, in order to tackle and propose reform of what they perceive to be some of the worst injustices in contemporary society, namely with regard to the related questions of slavery and luxury. For those encyclopédistes who believe in universal rights and the loi naturelle, both the slave trade and the attitude of their contemporaries to luxury seem to embody values very different to those they wanted to promote; in their eyes both are representative of a society in which self-interest and the satisfaction of individual passions are valued over and above any consideration for the needs, welfare, and rights of others.
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Wang, Laura Li Ching. "Natural Law and the Law of Nature in Early British Beast Literature." Thesis, Harvard University, 2013. http://dissertations.umi.com/gsas.harvard:11234.
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In the tumultuous political environment of late fifteenth- and early sixteenth-century Britain, animal literature saw rapid development and innovation. Beast fable and epic, which already had a long tradition in Latin and French, gained new vigor and popularity in English and Scots renditions. Simultaneously, a new strain of political theory appeared in the vernacular. This dissertation makes a tripartite argument about the relationship between these two discourses. First, writers of literature and political theory alike struggled to reconcile an optimistic view of human society, inherent in the prevailing philosophical tradition of natural law, with the widespread corruption they witnessed in ecclesiastical and royal courts. The fruits of this struggle were darkly humorous works of beast epic and fable in the former case, and pragmatic political theory in the latter. Second, because of its literary character, beast literature actually proved more adventurous than political theory in demonstrating how one might use dissimulation to dominate the predatory world of politics, and in showing the moral and linguistic exhaustion that could result from such manipulation of others. Third, as political writers adapted their theories to reflect politics as it was actually practiced, they explicitly turned to beast literature for images and exempla, so that the animal characters of Aesopian fable and Reynardian epic stealthily crept into works of serious political inquiry.
14
Searl, Mark. "A normative theory of international law based on new natural law theory." Thesis, London School of Economics and Political Science (University of London), 2014. http://etheses.lse.ac.uk/999/.
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This thesis articulates a normative theory of international law based on new natural law theory. New natural law theory is a theory of ethics, politics, and law that is based on the classical natural law doctrine of Thomas Aquinas. The primary reference point of the thesis in relation to new natural law theory is the work of John Finnis, who in Natural Law and Natural Rights and subsequent writings elaborates the theory in the consideration of fundamental concepts in political philosophy and legal theory. The thesis examines the tenets of new natural law theory regarding the common good, authority, law, justice, human rights, and legal obligation, and uses these to formulate normative claims regarding the moral purpose of international law and the moral standards that international law should satisfy in light of its purpose. The thesis posits the existence of an ‘international common good’, encompassing a set of supranational conditions that are instrumental to human welfare and that require international cooperation for their realisation. The thesis claims that the primary moral purpose of international authority and international law is to further the international common good through resolving the coordination problems of the international community of states. Identifying ‘principles of justice’ for international law, the thesis asserts that positive international law should promote and demonstrate respect for human rights, and should also promote and protect the international common good. The thesis further argues that states have a general moral obligation to obey international law, based primarily on the necessity of state compliance with international laws in order to facilitate the effectiveness of such laws in promoting the international common good. These claims are elaborated with reference to existing features of international law, and through comparison with existing normative and non-normative perspectives in international legal theory on the concepts considered.
15
Ahnert, T. "Christian Thomasius' theory of natural law in its religious and natural philosophical context." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.595399.
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The subject of my PhD thesis is the natural law theory of the German Enlightenment jurist and philosopher Christian Thomasius (1655-1728) in its religious and natural philosophical context. In the intellectual history of Germany Thomasius is held to be a crucial figure in the transition from the Baroque to the Enlightenment. Although the interpretations of his work differ in detail, the consensus is that his work reflects the emancipation from antiquated, scholastic and religiously determined modes of thought to a more recognizably modern, even secular outlook in German intellectual life. Thomasius' thought is perceived as an advance towards the later development of the Enlightenment in the eighteenth century. Central to my interpretation of Thomasius' thought, however, is the emphasis on his religiously rather than on any elements of modern rationalism, which have been seen to be present in his thought. The aim of my thesis is thereby to reverse the dominant perspective on Thomasius' thought and set him in his specific historical context of seventeenth-century intellectual traditions, in which religion is of central importance. The research I have accomplished shows that Thomasius' thought represents part of a strand of spiritualist Christianity which was a prominent feature of seventeenth-century German religious culture. This has received too little attention in secondary literature, although it is critical to understanding his thought as a whole. Thomasius' concern with religious questions was a response to political and religious controversies between Calvinists and Lutherans and between different factions of the Lutheran church in Saxony, Brandenbury and the duchy of Magdeburg between about 1688 and 1700, especially over the nature of ecclesiastical discipline. Thomasius' religiosity ties together what appear at first to be widely disparate, unrelated interests in natural jurisprudence and moral philosophy, the nature of faith and the Christian church, ecclesiastical history, natural science and Roman Law.
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Casey, Brian P. "Natural law and the challenge of legal positivism." Diss., Columbia, Mo. : University of Missouri-Columbia, 2007. http://hdl.handle.net/10355/4842.
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Thesis (Ph. D.)--University of Missouri-Columbia, 2007.The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on January 30, 2008) Vita. Includes bibliographical references.
17
Cassidy, Patrick. "Catholic Natural Law Conservatism in Post-War America." Thesis, Boston College, 2010. http://hdl.handle.net/2345/1209.
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Thesis advisor: Ken KerschThis thesis examines the tradition of Catholic natural law conservatism in contemporary American politics. Using the works of Clarence Manion and Robert P. George, it identifies two distinct strands of natural law political philosophy. The analysis concludes with an attempt to reconcile these interpretations with the hope of providing a viable framework for the natural law in modern America
Thesis (BA) — Boston College, 2010
Submitted to: Boston College. College of Arts and Sciences
Discipline: Political Science Honors Program
Discipline: Political Science
18
Masek, Mary Katerina. "Natural law and synderesis according to Thomas Aquinas." Online full text .pdf document, available to Fuller patrons only, 2004. http://www.tren.com.
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Godden, Lee. "Nature as Other: The Legal Ordering of the Natural World: Natural Heritage Law and Its Intersection With Property Law and Native Title." Thesis, Griffith University, 2000. http://hdl.handle.net/10072/368114.
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This thesis argues that the legal ordering of the natural environment represents a culturally contingent 'order of things'. Within this process of categorisation, Nature is constructed as an 'other' to the human subject. This opposition allows nature to be conceived as either an object of control, as found in property law, or as a wilderness to be preserved apart from human society. This latter view is implicit to the principles informing early environmental laws for the protection of natural heritage in international law and within Australia. More recently, this distinctively western legal ordering has been challenged to be more culturally inclusive and to include concepts that incorporate human interaction with the natural environment. In making this argument, the thesis adopts a theoretical framework derived from Foucault's 'Order of Things'. Modem western understanding of the natural environment is directly informed by western science. Scientific discourses, with origins in the Enlightenment, have been extremely influential in determining the legal ordering of the natural environment. In this context, the thesis provides an overview of the conceptual shift from a pre-scientific, organic conception of the relationship between people and nature to a people/nature dichotomy that persists as the nature/culture meta-narrative in modern society. The rise of a more holistic conception of the natural environment, based in ecological principles, has only partially displaced the latter view. The thesis also examines the manner in which property law constitutes the 'proper' order of the natural world within western culture. The bundle of rights concept, implicit to modern conceptions of property, finds resonances in western scientific understanding of the natural world. In particular, property law replicates the subject /object distinction that is central to modern western thought. The positing of nature as an object of control through the property relationship has been a resilient ordering of the natural environment. It has directly contributed to an instrumental perception of the natural environment. Indeed, the property concept was the central way of 'constructing' the Australian natural environment at law from colonisation to well into the twentieth century. The initial legal designation of Australia as 'terra nullius' allowed received English property law to form the template for ordering the occupation of the Australian natural environment by British civilisation. In the second half of the 20th century the wilderness ideal, in concert with ecological 'balance' concepts, gained currency in international and domestic law as the foundation for the protection of natural heritage. Natural heritage protection was a high profile aspect of early environmental laws in Australia. Thus the World Heritage Convention assumed an importance for natural heritage protection within Australia due to specific historical, political and constitutional factors. The adoption of 'holistic' definitions of environment in many pieces of Australian legislation has served to partially displace the instrumental, proprietary view of nature. However, the legal recognition of natural heritage, when based around wilderness ideals, remains predicated upon the western people/nature dichotomy. More recently, reforms to early environmental laws have been instituted and case law reveals a state of flux in how natural heritage areas are to be identified and valued. The traditional western legal constructions of nature have served to occlude Aboriginal and Tones Strait Islander peoples' relationships with 'country'. Such legal frameworks continue to be problematic if a more culturally inclusive and holistic conception of heritage, such as cultural landscapes, is to be adopted. Further, while the recognition of native title has led to a re-examination of many fundamental legal principles, reexamination of our western legal constructs remains incomplete. One of the crucial areas yet to be fully worked through is how to accommodate western dualistic notions of the relationship between people and the natural environment with the legal requirements to establish native title. The need for accommodation has direct practical ramifications in that many world heritage, national estate and other 'wilderness' areas are, or may be, subject to native title claims. Therefore, the thesis considers the need to re-assess western, scientifically derived conceptions of natural heritage as the prevailing principles for environmental preservation. Finally the thesis discusses the contingency of any legal ordering of the natural world. Western representations of nature have exerted tremendous influence upon the legal regimes that have regulated and ordered nature across the Australian continent. These classifications are embedded within a particular cultural narrative. Parts of the Australian natural environment that are designated as property, as natural heritage, as native title, or as cultural heritage do not achieve this legal characterisation due to any inherent value or features of the natural environment itself. These areas are not necessarily property or heritage or native title until incorporated within, or recognised by, western legal frameworks. As such, any decision to ascribe a given legal status to the natural environment as part of the legal ordering needs to be seen as involving issues of choice that have direct distributive justice implications.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Law
Arts, Education and Law
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Godden, Lee, and n/a. "Nature as Other: The Legal Ordering of the Natural World: Natural Heritage Law and Its Intersection With Property Law and Native Title." Griffith University. Griffith Law School, 2000. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20050831.095124.
Full textAbstract:
This thesis argues that the legal ordering of the natural environment represents a culturally contingent 'order of things'. Within this process of categorisation, Nature is constructed as an 'other' to the human subject. This opposition allows nature to be conceived as either an object of control, as found in property law, or as a wilderness to be preserved apart from human society. This latter view is implicit to the principles informing early environmental laws for the protection of natural heritage in international law and within Australia. More recently, this distinctively western legal ordering has been challenged to be more culturally inclusive and to include concepts that incorporate human interaction with the natural environment. In making this argument, the thesis adopts a theoretical framework derived from Foucault's 'Order of Things'. Modem western understanding of the natural environment is directly informed by western science. Scientific discourses, with origins in the Enlightenment, have been extremely influential in determining the legal ordering of the natural environment. In this context, the thesis provides an overview of the conceptual shift from a pre-scientific, organic conception of the relationship between people and nature to a people/nature dichotomy that persists as the nature/culture meta-narrative in modern society. The rise of a more holistic conception of the natural environment, based in ecological principles, has only partially displaced the latter view. The thesis also examines the manner in which property law constitutes the 'proper' order of the natural world within western culture. The bundle of rights concept, implicit to modern conceptions of property, finds resonances in western scientific understanding of the natural world. In particular, property law replicates the subject /object distinction that is central to modern western thought. The positing of nature as an object of control through the property relationship has been a resilient ordering of the natural environment. It has directly contributed to an instrumental perception of the natural environment. Indeed, the property concept was the central way of 'constructing' the Australian natural environment at law from colonisation to well into the twentieth century. The initial legal designation of Australia as 'terra nullius' allowed received English property law to form the template for ordering the occupation of the Australian natural environment by British civilisation. In the second half of the 20th century the wilderness ideal, in concert with ecological 'balance' concepts, gained currency in international and domestic law as the foundation for the protection of natural heritage. Natural heritage protection was a high profile aspect of early environmental laws in Australia. Thus the World Heritage Convention assumed an importance for natural heritage protection within Australia due to specific historical, political and constitutional factors. The adoption of 'holistic' definitions of environment in many pieces of Australian legislation has served to partially displace the instrumental, proprietary view of nature. However, the legal recognition of natural heritage, when based around wilderness ideals, remains predicated upon the western people/nature dichotomy. More recently, reforms to early environmental laws have been instituted and case law reveals a state of flux in how natural heritage areas are to be identified and valued. The traditional western legal constructions of nature have served to occlude Aboriginal and Tones Strait Islander peoples' relationships with 'country'. Such legal frameworks continue to be problematic if a more culturally inclusive and holistic conception of heritage, such as cultural landscapes, is to be adopted. Further, while the recognition of native title has led to a re-examination of many fundamental legal principles, reexamination of our western legal constructs remains incomplete. One of the crucial areas yet to be fully worked through is how to accommodate western dualistic notions of the relationship between people and the natural environment with the legal requirements to establish native title. The need for accommodation has direct practical ramifications in that many world heritage, national estate and other 'wilderness' areas are, or may be, subject to native title claims. Therefore, the thesis considers the need to re-assess western, scientifically derived conceptions of natural heritage as the prevailing principles for environmental preservation. Finally the thesis discusses the contingency of any legal ordering of the natural world. Western representations of nature have exerted tremendous influence upon the legal regimes that have regulated and ordered nature across the Australian continent. These classifications are embedded within a particular cultural narrative. Parts of the Australian natural environment that are designated as property, as natural heritage, as native title, or as cultural heritage do not achieve this legal characterisation due to any inherent value or features of the natural environment itself. These areas are not necessarily property or heritage or native title until incorporated within, or recognised by, western legal frameworks. As such, any decision to ascribe a given legal status to the natural environment as part of the legal ordering needs to be seen as involving issues of choice that have direct distributive justice implications.
21
Soschen, Alona. "Natural law : the dynamics of syntactic representations in MP." Universität Potsdam, 2006. http://opus.kobv.de/ubp/volltexte/2009/3231/.
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This work concentrates on the requirements of the computational system of HL, by developing the idea that Natural Law applies to universal syntactic principles. The systems of efficient growth are for the continuation of motion and maximal distance between the elements. The condition of maximization accounts for the properties of syntactic trees - binary branching, labeling, and the EPP. NL justifies the basic principle of organization in Merge: it provides a functional explanation of phase formation and thematic domains. In Optimality Theory, it accounts for the selection of a particular word order in languages. A comprehensive and definitive understanding of the principles underlying MP will eventually lead to a more advanced design of OT.
22
Gonzalez, John. "Natural law a framework for the social justice process /." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.
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Black, Alexander Joseph. "Canadian natural gas deregulation." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/27762.
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Canadian natural gas deregulation has terminated government price setting in favour of prices determined by market forces. However, the transportation of the commodity remains regulated due to the monopolistic nature of the distribution system and the Canadian economies of scale which preclude business rivalry. This paper attempts to discern whether the transition to a new regime is following the legal principles underlying public utility regulation.
Promotion of the public interest is therefore a pervasive theme of this paper. While regulatory law allows certain forms of discrimination in the setting of rates and the provision of services, it prohibits undue or unjust
discrimination. The thesis proposed herein focuses on regulatory theory and the possibility that incidents of undue discrimination may have been exacerbated by the deregulation process.
The examination begins with a review of the discrimination provisions of section 92A of the Constitution Act 1867, the so-called "Resource Amendment". More attention is directed to public utilities theory given its compelling application to the natural gas industry. Deregulation is then discussed including an analysis of "direct sale" contracts involving the commodity as well as the "bypass" of the local pipeline distribution systems. Some conclusions are then made concerning competition and changing commercial conditions. Grave doubts are voiced as to whether the National Energy Board is properly applying the principles of public utility regulation during the transition to a more market oriented natural gas environment. One important conclusion is that direct sale contracts should be encouraged in the core market as well as in the industrial market by the National Energy Board in order to promote upstream competition among gas producers in the public interest. Finally, it is hoped that these doubts will be resolved by the Board in its new (RH-1-88) public hearing which will address issues related to deregulation, including direct sales and the ancillary self-displacement and operating demand volume (ODV) methodology.Law, Peter A. Allard School of
Graduate
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O'Byrne, Nicole Colleen. "The answer to the 'Natural Resources Question' : a historical analysis of the Natural Resources Transfer Agreements." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99147.
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Seventy-five years ago the provincial governments of Manitoba, Saskatchewan, and Alberta signed a series of Natural Resources Transfer Agreements (NRTAs) with the federal government. These agreements provided the answer to a contentious debate known as the 'Natural Resources Question'. Before the NRTAs, the three prairie provinces did not have control over their public domain lands and did not share equal constitutional status with the other Canadian provinces. In the early 1920s, Prime Minister King recognized the validity of the provincial arguments for constitutional equality and no longer wanted the federal government to be responsible for the administration of provincial natural resources. By this time, the policy ambitions which had previously justified the retention of the natural resources had been fulfilled. Thus, the constitutional rights arguments presented by the prairie provinces found a receptive audience when the control of the lands and resources were no longer a federal priority.
25
Cord, Neto Germano. "A Hermeneutic Approach to Natural Law: theological moral reasoning and the contribution of the natural sciences." Thesis, Boston College, 2010. http://hdl.handle.net/2345/1850.
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Thesis advisor: James F. KeenanI have titled this thesis “A hermeneutical approach to natural law,” and I want to investigate the making of moral theology in accounting for the contributions of the natural sciences. Thinking in terms of the theological and scientific discourses, one realizes that both render distinct interpretations of nature, and natural law arguments emerge from these interpretations in the sphere of ethics. Thus, a hermeneutics of the scientific activity and of moral reasoning delineates a major field of the dialogue between faith and reason
Thesis (STL) — Boston College, 2010
Submitted to: Boston College. School of Theology and Ministry
Discipline: Sacred Theology
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Kavcic, John Andrew. "English deism and natural law, the case of Matthew Tindal." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ32668.pdf.
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Koo, Youngwhoe. "Idea of Natural Law in Milton's Comus and Paradise Lost." Thesis, University of North Texas, 1998. https://digital.library.unt.edu/ark:/67531/metadc277958/.
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This dissertation tries to locate Milton's optimistic view of man and nature as expressed in Comus, Doctrine and Discipline of Divorce, and Paradise Lost in the long tradition of natural law that goes back to Aristotle, Cicero, and Aquinas.
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Kimpton-Nye, Samuel. "In defence of a scientific essentialist account of natural law." Thesis, King's College London (University of London), 2016. https://kclpure.kcl.ac.uk/portal/en/theses/in-defence-of-a-scientific-essentialist-account-of-natural-law(5069383a-d093-4e05-bc38-2b7742690735).html.
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Some argue that the laws of nature are metaphysically necessary (e.g. Ellis, 2001, 2002 and Bird 2007). By endowing the laws with metaphysical necessity it is hoped that a scientific essentialist metaphysic will succeed where neo-Humean contingentist accounts of natural law failed by, for example, explaining lawful counterfactual support. I argue that the most robust account of the metaphysical necessity of the laws requires that i) kind membership is born essentially and ii) that alien kinds are impossible. Without i) and ii), a scientific essentialist account of laws risks succumbing to many of the same criticisms leveled at the neo-Humean account. I argue that the scientific essentialist can maintain i) and ii) in a principled manner, consistent with their motivations and in line with the strictures of philosophical naturalism. The conjunction of scientific essentialism and ii) implies that all possible worlds are identical with respect to their laws. This result is a positive because it dispels the mystery of metaphysical possibility by assimilating the epistemology of modality to familiar scientific epistemology.
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Harrison, James M. "The Development of Natural Law from Plato to the Renaissance." PDXScholar, 1994. https://pdxscholar.library.pdx.edu/open_access_etds/4849.
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The development of natural law has had a profound influence on the course of European civilization. I have started my research with natural law as it was conceived by Socrates and Plato. I then followed the major developments and changes that occurred to this original design through to the height of the Renaissance in the Sixteenth century. I relied mostly on secondary sources for several reasons. First the translations of the original materials are all well established. This includes translations of Plato, Aristotle, Aquinas, Ockham, Suarez, Luther, as well as others. Secondly, and more importantly, the emphasis of my research was not to describe the secondary and tertiary intellectual work of the thinkers after Plato. Rather I wish to show how the philosophical forces that Plato struggled against during his lifetime reemerged later in two major philosophies peculiar to Europe and how these essentially distorted his original design.
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Ceesay, Juanita. "A law and development analysis of parallel law systems within the natural resources sector in Africa." Thesis, Paris, Institut d'études politiques, 2018. http://www.theses.fr/2018IEPP0043.
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La position normative de cette thèse est qu’il existe une contrainte légale en ce qui concerne le régime minier des pays riches en ressources en Afrique. Cela a abouti à la création d'un système de droit pluraliste qui continuera à prospérer dans les pays en développement en raison du contexte historique de la plupart de ces pays. Cependant, avoir un système mixte comprenant un régime juridique formel et informel n'équivaut pas nécessairement à un désavantage. Le problème se pose lorsqu'il y a une réticence à accepter l'un de ces systèmes. C’est le cas actuellement du régime informel qui existe principalement sous forme de système de droit non reconnu et donc illégitime. Cependant, les preuves tirées de cette thèse montrent les avantages que des règles et normes informelles peuvent offrir au régime juridique d’un pays. À cet égard, il est donc raisonnable de suggérer que quelque chose devrait être fait avec ce système, par opposition à sa marginalisation persistante dans l'ombre du régime formel. Cette thèse propose donc la formalisation de certains attributs du système informel qui régissent le secteur des ressources naturelles. De plus, la formalisation envisagée dans le secteur minier ne cherche pas à codifier les lois et s'inscrit dans une approche de la législation allant du local au international. À cet égard, l'objectif de la formalisation, tel que proposé par cette thèse, est de trouver des solutions possibles pour combler le hiatus entre les régimes formel et informel qui fonctionnent actuellement en parallèle dans l'espace minier. C’est dans l’espoir que la synchronisation de ces deux ensembles de lois faciliterait l’épanouissement du développement économique et humain / social basé sur le secteur minierThe normative position of this dissertation is that there is a constraint of the law with regards to the mining regime of resource rich countries in Africa. This has resulted in the creation of a pluralist system of law will continue to thrive in developing countries as a result of the historical context which most of these countries derive. However, having a mixed system comprising of a formal and informal legal regime does not necessarily equate a disadvantage. The problem arises when there is a reluctance in accepting one of these systems. This is the case currently with the informal regime which exists mostly as an unrecognized and therefore illegitimate system of law. Yet, evidence from this dissertation shows the advantages which informal rules and norms can offer to a country’s legal regime. In this regard, it is therefore reasonable to suggest that something ought to be done with this system as opposed to its continued marginalization in the shadows of the formal regime. This dissertation therefore proposes the formalization of selected attributes of the informal system which govern the natural resources sector of resouce rich countries in Africa. Moreover, the formalization envisioned in the mining sector, makes no attempt to codify laws and is in alignment with a local to international approach to law making. In this regard, the aim for formalization, as proposed by this dissertation, is in finding possible solutions for bridging the hiatus between the formal and informal regime which currently work in parallel with each other within the mining space. This is in hopes that the synchronizing of these two sets of laws would facilitate the flourishing of economic and human/social development based on the mining sector
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Sereno, David. "Whether the norm expressed in canon 1103 is of natural law or of positive Church law /." Roma : Ed. Pontificia università gregoriana, 1997. http://catalogue.bnf.fr/ark:/12148/cb37631695d.
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MACHADO, BEATRIZ PIFFER. "THE BREAK OF NATURAL RIGHTS THEORY: FROM ITS THEOLOGICAL BASIS TO THE MODERN THEORY OF NATURAL LAW." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2013. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=28146@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROCONSELHO NACIONAL DE DESENVOLVIMENTO CIENTÍFICO E TECNOLÓGICO
A presente dissertação de mestrado tem como ponto de partida o tratamento de Tomás de Aquino da Lei Natural no qual se pode identificar a consolidação da doutrina jusnaturalista. O jusnaturalismo presente em Tomás de Aquino possui uma base teológica. Ainda que não deixe de lado o papel da razão, Deus desempenha um papel fundamental em seu argumento. Com a análise do contexto histórico do início do período moderno, que se configura como momento de crise intelectual, busca-se identificar as condições de possibilidade para a ruptura trazida pelo pensamento de Hugo Grócio. Pretende-se elucidar com base, sobretudo, na obra Do direito da Guerra e Da Paz, que o jusnaturalismo presente em Grócio busca outro fundamento para os direitos dos homens, em resposta, inclusive, aos argumentos céticos antigos retomados na época. O resultado é o jusnaturalismo com base na racionalidade, deixando-se de lado fundamentos teológicos para os direitos dos homens.
This dissertation takes as a starting point Thomas Aquinas’s treatment of the Natural Law, in which it is possible to identify the consolidation of a natural law theory. The natural law theory present in Thomas Aquinas has a theological basis. Despite not leaving aside the role of reason, God fulfills a fundamental role in his argument. With the analysis of the historical context of the modern period, which characterizes itself as a moment of intellectual crisis, we look for the conditions of the possibility of the break offered by the thought of Hugo Grotius. We intend to clarify, with special attention given to On the Right to War and Peace, how the Grotius’s natural law theory seeks another basis for the rights of men, as an answer, also, to the ancient sceptical arguments which were revitalized at the time. The result is a natural Law theory with a basis in rationality, casting aside theological arguments to the rights of men.
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Dmitrenko, Alexander. "Natural law or liberalism?, gay rights in the new Eastern Europe." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ63077.pdf.
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Lantigua, David. "Natural law ethics : a comparison of the Theravāda and Thomistic traditions." [Tampa, Fla.] : University of South Florida, 2007. http://purl.fcla.edu/usf/dc/et/SFE0002021.
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Sidwell, Robert W. "Self-contradictions and morality a natural law critique of deliberative democracy /." Ohio : Ohio University, 2007. http://www.ohiolink.edu/etd/view.cgi?ohiou1180728105.
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Lantigua, David. "Natural Law Ethics: A Comparison of the Theravāda and Thomistic Traditions." Scholar Commons, 2007. http://scholarcommons.usf.edu/etd/3901.
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This thesis investigates the topic of natural law in the Therav
āda and Thomistic traditions by utilizing the methodology of comparative religious ethics. Approaches to the method such as ethical formalism, ethical naturalism, and narrative ethics are assessed with the author opting for a multidimensional approach that is religious and ethical. This multidimensional approach, as defined by William Schweiker, conducts natural law inquiry from a hermeneutical standpoint of moral diversity and democratic pluralism.
The hermeneutical standpoint warrants a historicizing of natural law ethics that is compatible with modern secularity instead of a classicist metaphysical worldview. To achieve this task, the thought of moral philosopher Alasdair MacIntyre and Jewish theologian David Novak is used to formulate a concept of a natural law tradition. Three normative features define the natural law traditions in question: rationality as tradition- constituted, revelation as a historical phenomenon, and natural law as a cultural construct that is both comparative and ontological.
The central claim of this thesis is that
the Theravāda and Thomistic traditions provide a similar conceptual apparatus for rational discourse that can locate ethical commonalities and respect differences across traditions. The commonality between
traditions is secured in natural law ethics because these traditions adhere to a constitutive truth that is the objective ground of all truths and of nature which designates a shared humanity. On the other hand, these natural law traditions are able to at least respect difference because they recognize the autonomy of other traditions outside of and pre- existing their own. Natural law ethics in these religious traditions therefore avoids the ethical challenges of relativism and authoritarianism.
Both traditions define a concept of "nature" with a proper teleological orientation for the moral life. "Nature" is an open category in these traditions that can never be fully defined. This demonstrates how these natural law traditions avoid ontological violence. The overall claim is that natural law ethics, which are evident in the Therav
āda and Thomistic traditions, offer something essential to a pluralistic secular democracy: an unconditioned view of human dignity that protects inalienable rights because it is secured by a higher law than civil laws.
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Lopez, Ramon E. "On rights a defense and analysis of rights through natural law." Honors in the Major Thesis, University of Central Florida, 2011. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/461.
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One of the central questions in political theory deals with the nature of rights. What sorts of rights do people possess? How are these rights justified? How ought these rights be reflected and related when seen in political, economic, and social institutions? Following the publication of John Rawls' A Theory of Justice (1971) and Robert Nozick's Anarchy, State, and Utopia (1974), rights have once again returned to dominate much of contemporary political theory. However, natural law, which was the historical basis of the early Enlightenment theories of rights, is no longer the primary system appealed to when discussing rights. In fact, classical natural law has been all but discarded in most of political theory today. There has also been renewed debate over the nature of public neutrality, and what the relationship ought to be between the public and private sphere. The mainstream view of how our liberties relate to our rights, as well as what kinds of rights we have over our private affairs, has come under fire from a newly emerging political philosophy known as communitarianism. This thesis will present a robust theory of rights that provides a new understanding of the relationship between positive and negative rights through a defense of classical natural law as an ethical foundation for political theory. It will side with the communitarian critics of public neutrality, and offer a practical method of determining when the state is justified in limiting private liberties due to public interest.B.A.
Bachelors
Sciences
Political Science
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Rabin, Erick. "More difficult than flinty rock: natural law and the Noahide commandments." Thesis, Boston University, 2012. https://hdl.handle.net/2144/12594.
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Thesis (M.A.)--Boston University
PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis or dissertation. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you.The Noahide code is one of the most versatile conceptual resources in the Jewish tradition. I begin my thesis by identifying some peculiarities regarding the status of the code itself: the order, number, and content of its laws are unclear; it was not publicly promulgated or expressed in general terms; as a matter of historical fact, Jews couldn't effectively enforce the commandments, nor was doing so clearly required or even expected, and so forth. Placing these thorny issues to one side, I move on to survey some of the varied applications of Noahide law in jurisprudence, criminal law, immigration law, just war theory, foreign policy, and even animal rights. Then I turn to what is in my view the most ambitious interpretation of the code, namely the claim that it is a form of Jewish natural law. After going over some of the arguments in favor of this move, I argue that- pace Rabbi David Novak in particular- the Noahide commandments cannot be properly understood a form of natural law theory. In casting doubt on this view through a mix of historical considerations, I also endeavor to salvage some sense of the Noahide code's vast importance for Jewish ethical thought. I conclude that the Noahide is more than merely divine fiat, but less than natural law, representing a complex and fragmented doctrine that can be only partially explained in terms of rational morality.
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Playford, Richard Charles. "It's for your own good : natural law and the good life." Thesis, University of Reading, 2017. http://centaur.reading.ac.uk/72079/.
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The goal of this thesis is to create a distinctively Aristotelian-Thomistic ethical schema. I shall do this in four stages. First, in chapter one, I am going to present a summary of Aristotelian metaphysics. I will present a slightly Thomistic take on Aristotelian metaphysics specifically when it comes to the distinction between accidental and substantial form. However, I will present a more classically Aristotelian account when it comes to the source of teleology. Along the way I will explore whether science can disprove any aspects of Aristotelian metaphysics. In particular, I will examine whether science can show that there are no final causes, and whether evolution poses problems for the Aristotelian concept of form and essence in biology. Second, in chapter two, I shall explain the nature of goodness within this metaphysical schema. I will also engage with competing accounts of the nature of goodness and will argue that my Aristotelian account is superior. Third, in chapter three, I will list and defend my account of the basic goods. I will also explain why certain things, such as pleasure and freedom, are not included in my list of the basic goods. I will then explain how and why they do fit into my schema. Finally, in chapter four, I will move onto duties. I will show how we can derive a list of pro tanto duties from the Aristotelian ethical schema. Along the way I will also briefly sketch out an account of human rights. My ethical theory will differ from many contemporary neo-Aristotelians in that it will place emphasis on, and smoothly follow from, Aristotelian metaphysics. At the same time, my ethical theory will differ from more traditional neo-Aristotelians and the medieval neo-Aristotelians in the way that it reconciles an Aristotelian ethical schema with a non-natural account of goodness and a reasons-based account of obligation.
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Epstein, Richard A. "From Natural Law to Social Welfare: Theoretical Principles and Practical Applications." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123121.
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Many common accounts of natural law understand it in opposition to modern social welfare theory. Contrary to that wisdom, this article shows how many of the fixed landmarks of the common law, including its rules on individual autonomy and the definition and acquisition of private property, comport with the natural law tradition. t he modern welfarist positions only emerge through key decisions in nineteen century law, which then help explain the choice among three welfarist positions: Kaldor-Hicks, Pareto and a more rigorous standard that requires pro rata gains among all parties. this essay uses a transaction costs framework to explain the proper deployment of these three rules.Diversas versiones comunes del derecho natural lo conciben en contraposición a la teoría moderna del bienestar social. Contrariamente a dicha concepción, este artículo evidencia cuántos de los hitos del derecho común, incluyendo sus reglas sobre la autonomía individual y la definición de la adquisición de la propiedad privada, concuerdan con la tradición del derecho natural. Las posturas modernas del bienestar emergen a través de decisiones clave en el derecho del siglo diecinueve, que ayudan a explicar la elección entre tres posturas de bienestar: Kaldor y Hicks, Pareto, y un estándar más riguroso que requiere ganancias a pro rata entre todas las partes. Este ensayo utiliza un marco basado en los costos de transacciónpara explicar el despliegue estratégico de estas tres reglas.
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Sidwell, Robert William. "Self-Contradictions and Morality: A Natural Law Critique of Deliberative Democracy." Ohio University / OhioLINK, 2007. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1180728105.
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Bruce, James Elliot Hibbs Thomas S. "Divine choice and natural law the eudokian ethics of Francis Turretin /." Waco, Tex. : Baylor University, 2008. http://hdl.handle.net/2104/5227.
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Greer, R. Douglas. "Prudence, charity, and natural law another narrative interpretation of Thomistic ethics /." Theological Research Exchange Network (TREN), 1998. http://www.tren.com.
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Leahy, A. "The recovery of natural law for the sociology of human rights." Thesis, Leahy, A. (2016) The recovery of natural law for the sociology of human rights. PhD thesis, Murdoch University, 2016. https://researchrepository.murdoch.edu.au/id/eprint/36199/.
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This thesis argues that the sociology of human rights is more restricted in its treatment of natural law than it should be. In building this argument the thesis explores the different ways in which the subdiscipline is restricted and demonstrates how a different approach to natural law can make it stronger. It notes the enduring influence of the traditional sociological dismissal of natural law, an approach to natural law thought that relies on a reactive reading of natural law as doctrine. This traditional approach grounds both the dismissal of the notion of human rights in broader sociology and the continued rejection of natural law and natural rights thought within the sociology of human rights. The thesis takes a descriptive approach to natural law, treating natural law as theory rather than doctrine. It explores concepts within the early modern natural law theories of Grotius, Hobbes and Pufendorf that challenge a number of traditional sociological assumptions about natural law that are echoed within the subdiscipline. The thesis also points to ways in which major ideas in these early modern natural law theories are relevant to key themes and issues that have emerged within the sociology of human rights, including the distinction between foundationalist and constructionist approaches to human rights, the distinction between description and advocacy of human rights, the treatment of the role of the state in securing human rights, and the social import of human rights. It argues that as early examples of rights thought in which great importance is placed on the social conditions of the rights bearer, and in which connections are made between the achievement of society and the protection of individual rights, the natural law theories recovered in this thesis have much to offer the sociology of human rights.
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Francis, Stephen Wade. "Valuing and Defending: A New Natural Law Approach to the Family." BYU ScholarsArchive, 2011. https://scholarsarchive.byu.edu/etd/2950.
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Social science theories applied to the family make certain assumptions in the analytic categories of value-neutrality vs. value-ladenness, positivism vs. hermeneutics, and determinism vs. moral agency. New natural law, a different theory from the body of classical forms of natural law, provides a unique approach to the study of the family. New natural law provides a defense for the traditional conjugal family as well as provides difference conclusions and implications for empirical research.
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Behan, Maeveen. "Science and Lore in Animal Law." Diss., The University of Arizona, 2006. http://hdl.handle.net/10150/194253.
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This dissertation employs techniques from folkecology to identify factors that have influenced lawmakers in their decision-making about animals. The purpose of this research is to understand the natural world as seen by lawmakers, identify and explain variation between lawmakers and scientists priorities, and, ultimately, consider ways to improve communication of understandings between these two cultures. The study is structured to follow Amadeo Rea's recommendation that scholars "note the etic while searching for the emic" (Rea 1998: xx) It compares priorities and then discusses findings to get at the question of meaning. What do different animals mean to lawmakers? What forces are operating when they make or interpret laws on behalf of animals? The answer "takes us into the realm of mythology," as Rea said it would (Rea 1998: xx), and provides an opportunity to consider the foundations of law and science, and the role of reason, narrative and imagination across the disciplines and across time, as lawmakers - who are keepers and shapers of their cultures -- continuously define and redefine what it means to be human, and what that means for other animals. Findings indicate that conservation efforts need to increase the cultural relevance of the natural world, rather than hope that science alone will change the ethic and priorities of lawmakers.
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Beattie, Amanda Russell. "Obligations of love : international political thought & the tradition of natural law." Thesis, St Andrews, 2008. http://hdl.handle.net/10023/536.
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Bouvet, Isabelle. "An international legal framework to govern space natural resources exploitation." Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=116877.
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Since the 1960s, there has been a very rapid development of space activities. Over the last 50 years, meteorology, telecommunication and Earth Observation satellites have become a necessity for our activities on Earth. At the same time, scientific exploration of the universe has produced extraordinary discoveries related to our solar system and also improved our knowledge of our home planet Earth. From the very first space exploration programmes and Apollo missions, the potential existence of space natural resources has generated an important scientific curiosity. The Sea, the Antarctic and the Arctic natural resources have generated a great commercial interest and continue to do so. The regimes regarding their natural resources differ as it will be analysed. Today, space natural resources are seriously considered for in-situ utilization in the context of both manned and unmanned future exploration missions. Beyond utilization, the question of their commercial exploitation is raised: several companies have released plans to study and exploit space natural resources: Planetary Resources Company, Golden Spike Company, Deep Space Industries and B612 Foundation to name a few. International space law was elaborated during the Cold War in order to define a framework for activities before they occur; commercial space activities are governed by a strong legal regime including notably Earth Observation, Telecommunication, Meteorology…. However, space natural resources have not been subject of a dedicated regime yet. The lack of a minimum rule agreed by all is a risk for the actors involved in this activity and the international relations. This dissertation explores the main legal issues related to the exploitation of space natural resources. Its objective is to analyze the fundamental principles of international space law that may apply and what would be the most appropriate framework. An analysis of the formation of international legal theory is conducted together with its impact on the topic of the thesis. Analogies are drawn from other international areas such as the deep seabed and Antarctica for purposes of proposing an international legal framework to govern the exploitation of space natural resources. The dissertation constitutes an original contribution to the development of law in the way it analyzes the issues related to the exploitation of space natural resources, the political dimension of the topic, and the use of a comparative analysis to define the necessary conditions for a solid legal regime.Le développement des activités spatiales a été fulgurant depuis les années 60. En un demi-siècle, les satellites de météorologie, de télécommunication et d'observation de la Terre sont devenus indispensables à l'activité humaine sur Terre. En parallèle, l'exploration scientifique de l'Univers a permis des découvertes extraordinaires sur notre système solaire tout en permettant d'améliorer nos connaissances concernant la Terre. Dès les premiers programmes d'exploration spatiale avec les missions Apollo, l'existence de ressources naturelles potentielles dans l'espace a généré une grande curiosité scientifique. Aujourd'hui, l'utilisation des ressources est sérieusement considérée pour un usage local dans le cadre de futures missions d'exploration robotiques et habitées. Au-delà de l'utilisation des ressources, la question de leur exploitation commerciale se pose: plusieurs sociétés ont fait part de leur intention d'étudier et d'exploiter les ressources naturelles dans l'espace: Planetary Resources Company, Golden Spike Company, Deep Space Industries et B612 Foundation pour en mentionner que quelques unes. Alors que le droit de l'espace a été élaboré en pleine Guerre Froide de manière à régler les questions juridiques avant qu'elles surviennent, l'exploitation commerciale de l'espace fait l'objet d'un régime solide, celle de ses ressources naturelles ne fait cependant pas l'objet d'un cadre juridique dédié. L'absence de règles minimales agréées par tous constitue un risque pour les acteurs concernés par cette activité et les relations internationales. Cette thèse explore les principales problématiques juridiques liées à l'exploitation des ressources naturelles dans l'espace. Son objectif est d'analyser les principes fondamentaux en droit de l'espace qui seraient susceptibles de s'appliquer ainsi que le cadre juridique le plus approprié. Elle fait ensuite une analyse de la théorie juridique et de son impact sur le sujet. L'analogie du droit international de l'espace existant avec les autres domaines internationaux que sont l'Antarctique et la mer permet enfin d'établir s'ils peuvent servir de base pour l'exploitation des ressources dans l'espace. Cette thèse constitue une contribution originale au développement juridique dans la manière d'aborder la problématique liée à l'exploitation des ressources dans un espace international, la dimension politique du sujet, puis l'approche par analogie indispensable pour définir les conditions nécessaires à un régime juridique solide. Son objectif est de convaincre que le politique doit s'emparer de cette problématique.
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Riley, Bijan N. "Irish Hills Natural Reserve Conservation Plan Update." DigitalCommons@CalPoly, 2011. https://digitalcommons.calpoly.edu/theses/569.
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The Irish Hills Natural Reserve Conservation Plan is a unique component of the Cityof San Luis Obispo’s green belt that provides a number of hiking and mountain bikingtrails within a short distance from the downtown core as well as ensures that valuablehabitat be preserved into the future. As the subject of my thesis project, IHNR presented the opportunity to pursue an aspect of city planning that can often be over-looked and, conservation planning. Conservation planning is an important element of the planning profession in that it incorporates such elements into the future growth of cities. With proper planning it is possible to foresee future development patterns and thus be able to designate and protect high value natural resource areas as open space, in order to preserve and protect their resources. In addition to setting the guidelines for preserving and protecting the natural resources and important habitats of Irish Hills, the conservation plan has a secondary effect of ensuring the future health of the surrounding habitats.
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Jenkins, Maricarmen Marshall. "Philosophical assumptions in legal philosophy : a critique of contemporary philosophy of law /." *McMaster only, 1998.
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