PHILOSOPHY

Aristotle, Quintilian & Longinus on the importance of advocate's good character - 1998, 138/139, 116
Aristotle's views on usury - 2014, 172, 42
Augustine on difference between a Kingdom & a band of robbers; how internal justice can leave outsiders exploited c.f. slavery, Nazis - 2020, 184, 7; 2020, 185, 140
Augustine on law & justice; importance to Western Christian thought & natural law theory - 2020, 185, 140
Augustine on limitations of human law & justice; law only needed due to Fall; development of ideas as Idealism, Realism etc - 2020, 185, 140
Augustine's 'City of God': interpretation of; centrality of objects of love in legal systems - 2020, 185, 140
Augustinian worldview informs recent Vatican dialogue on international stage - 2007, 158, 30
Böckenförde on a theology of modern secular law; connection to Aquinas and Pope Benedict XVI - 2021, 186, 10
Christianity & government: views of Augustine, Aquinas, Luther, Calvin & O'Donovan - 2010, 165, 172
church state relations, nature of - 1971, 30, 18
common good, analysis of the concept of - 1987, 94/95, 99
commutative justice and positive law - 1968, 19, 78
conjoined twins case: utilitarian sacrifice of one for the other? - 2001, 147, 89
conjoined twins case: what criteria or objective values can be used? - 2001, 147, 89
death, what is it? - 1999, 140/141, 56
eternal norms: natural law theory, legal positivism & Biblical jurisprudence - 1994, 120/121, 12
ethical principles and development of economic policies - 1986, 88/89, 22
ethical standards, are they absolute? - 1999, 140/141, 65
freedom and the value of moral constraints - 1971, 31, 52
Frege-Geach problem analysed - 2006, 157, 39
Grand Principles of Freemasonry satisfy five characteristics for protection - 2015, 175, 268
Hart (David Bentley) on pitfalls of truly secular governance - 2012, 169, 172
'higher' law, the case for an ultimate - 1992, 112/113, 31
how law works: is it based on sovereignty / power (Hobbes) or justice / natural law (Grotius)? - 2020, 184, 7
human, definition of being - 1999, 140/141, 65
human dignity in birth and death - 1999, 140/141, 65
human rights, establishing the existance of - 2006, 156, 53
human rights: nature of & limits of - 2005, 154, 6
human rights, different philosophies of: Catholic & Protestant approaches & objections to; exemplified by Finnis and Wolterstorff amongst others - 2017, 179, 135
humans, are they equal in value? - 1999, 140/141, 65
Hume's moral scepticism and the foundations of human rights - 2006, 157, 39
Hume's Non-Cognitivism & classical theories of ethics (a critique)- 2006, 157, 39
'idea' of Christianity (Newman) - 2005, 154, 35
justice, classical ideas of: Aristotle, Grotius - 2005, 155, 103
Kant, purpose of punishment - 2005, 155, 103
Kant & the Legal Positivists, attempts to sever law & morals - 1994, 122/123, 87
Keown's distinction between worthwhileness of treatment & worthwhileness of life - 2001, 147, 89
law as a reflection of values in society - 1967, 17, 123
legal positivism: a critique - 2020, 184, 7
Locke, equality and the American Declaration of Independence - 1991, 110/111, 70
Locke and Grotius on the necessity of God or not for universal human rights - 2014, 173, 129
Locke on Biblical basis for toleration in politics - 2013, 170, 49
Locke's theory of natural rights & WWII experiences make human rights a way to hold governments to account - 2014, 173, 129
Lockwood O'Donovan & Ignatieff on problems with human rights theory that lead to conflicting demands rather than communal values - 2014, 173, 129
MacIntyre (Alisdair)'s lecture questioning concept of human dignity: analysis, critique & what's at stake? - 2022, 189, 110
moral values, the source of: objective or absolute? - 2000, 144, 18
natural law - 1968, 21, 132
natural law & cosmic harmony in Aquinas, Marx & eastern thought - 1994, 122/123, 121
natural law & the foundations of human rights - 2006, 157, 39
needs of individual against needs of society: utilitarianism - 1999, 140/141, 65
Newman's criteria of genuine development, applied to International law - 2005, 154, 35
Niebuhr on Christ & culture - 2002, 149, 125
Niebuhrian concepts of reason nature and freedom - 1985, 86/87, 37
obeying laws: ruler can use persuasion or coercion; legitimacy of laws leads to more compliance - 2020, 184, 7
objective and subjective foundations of ethical theories - 2006, 157, 39
Opderbeck, David: philosophy & theology of law; natural, positive, neo-Aristotelian, need for Theology - 2022, 189, 157
political liberalism in the West, a Christian critique of underlying philosophy (eg Rawls) - 2005, 154, 66
radical scepticism & morality, problems of - 2006, 157, 39
Rawls, Sandel etc: accounts of justice / morality and discussion of - 2012, 169, 172
reconciling the universal with the particular - 1999, 140/141, 3
Sartrean concept of freedom and justice - 1990, 106/107, 23
self-determination - do individuals have an absolute right to? - 1999, 140/141, 65
self-government, pluralism and Publius' statecraft - 1987, 92/93, 7
slavery: cannot be opposed by relativistic philosophies, need absolute transcendental perspective - 2007, 158, 4
slavery, inadequate philosophical opposition to (in Roman law, naturalistic ethics, enlightenment, Kant) - 2007, 158, 4
slavery: subsidiarity & sphere sovereignty: Christian reflections on the size, shape & scope of Government - 2003, 151, 111
torture, can some classes of people licitly be tortured? - 2007, 159, 103
torture, the difference of consequentialist & absolutist approaches - 2007, 159, 103
transcendent moral foundations in a secular legal context, search for - 1994, 122/123, 87
'verification principle', the analytical - 1996, 130/131, 100
Wolterstorff: human rights as relational normative social bonds; responsibility as other side of coin - 2014, 173, 129
Aquinas, St. Thomas
Aquinas (like Aristotle) doesn't distinguish ethics & public law; happiness is pursued via virtue with law to help - 2019, 183, 118
Aquinas' four criteria for a just law; applied to see when human laws or rules should change - 2019, 183, 176
Aquinas on Biblical law, its purposes and relation with natural law; Torah as exterior / New Testament as interior - 2019, 183, 118
Aquinas on development of natural law by addition, substraction and changes in application by interpretation or dispensation - 2019, 183, 134
Aquinas on goal of human ethics, role of reason and its relationship to law - 2019, 183, 118
Aquinas on how human law can be judged in terms of natural law, by examples in the Torah & by custom that circumvents unjust law - 2019, 183, 155
Aquinas on how human law develops both in itself and in how it is applied - 2019, 183, 134
Aquinas on natural law: 'primary' precepts always apply, 'secondary' precepts are deduced - 2019, 183, 118
Aquinas on the development of law: an introduction - 2019, 183, 113
Aquinas on the development of law: summary of ideas on common good, reasonableness, cooperative effort & use of scripture - 2019, 183, 192
Aquinas sees human law as applying natural law to particular historical situations; it develops to do this better - 2019, 183, 118
Aquinas taught that natural law is an act of reason & we can formulate what is good / humanizing - 2019, 183, 118
Aquinas thinks law (including natural) should be made & received rationally; equity may need applying to achieve purpose - 2019, 183, 118
Christianity & government: views of Augustine, Aquinas, Luther, Calvin & O'Donovan - 2010, 165, 172
'constitutional' changes in Divine and natural law due to the Fall & atonement; matrimony used to illustrate - 2019, 183, 134
St Thomas Aquinas, property and the role of the state - 1989, 100/101, 46
trying to explain Mosaic permission of divorce and Patriarchal toleration of polygamy - 2019, 183, 134
'Philosophical belief' for employment purposes
anti-Semitism is a 'philosophical belief' but is not protected as is not worthy of respect (case) - 2013, 171, 104
belief in ideals of public service broadcasting could be 'philosophical belief' in employment law (case) - 2011, 167, 113; leave to appeal refused as superiors unaware of belief - 2015, 175, 277
belief that sex is immutable is not a protected belief for Equality Act (Forstater case) - 2020, 184, 108; overturned on appeal, direct discrimination upheld & advice given to lower court on 'philosophical beliefs' - 2022, 189, 205
biological sex is immutable; belief protected under Equality Act but can legitimately sack those who hold view if proportionate, appeal dismissed (case) - 2022, 189, 198
climate change can be a 'philosophical belief' in employment law (case) - 2010, 164, 100
dismissal of worker due to philosophical belief in English Nationalism was not protected as incompatible with other rights - 2017, 179, 245
ethical veganism is a protected belief (case) - 2020, 184, 106
English Nationalism not a protected belief as incompatible with human dignity; OU lecturer's dismissal for racism upheld (case) - 2023, 191, 197
facebook posts against Muslim theocracy leading to dismissal of train conductor; secular atheism is a 'philosophical belief' protected by Equality Act (case) - 2021, 187, 179
fear of catching covid doesn't amount to a belief protected by the Equality Act 2010 (case) - 2022, 188, 103
foxhunting is wrong, can be a philosophical belief for Employment Equality purposes (case) - 2011, 167, 108
'gender critical' views leading to dismissal; tribunal erred in applying 'worthy of respect' test too restrictively; belief was covered by Equality Act (case) - 2021, 187, 172
gender fluidity and same-sex marriage, lack of belief in, protected as philosophical belief under Equality Act 2010, but no direct discrimination against teacher (case) - 2020, 185, 194; on appeal after submission from Archbishops' Council of the Church of England, case returned for retrial - 2023, 191, 192
'Grainger' fifth test may involve balancing competing rights; a belief that leads to 'not respecting the law' would fail (case) - 2020, 185, 194
guidance given to lower employment tribunals on applying the 5th 'Grainger' test for beliefs to be protected (case) - 2022, 189, 205
Henderson case: assumed Marxism is protected philosophical belief, debated status of left wing democratic socialism; appears to protect membership of political association - 2015, 175, 180
humanism is protected as philosophical belief, but applicant hadn't raised her beliefs so no direct discrimination (case) - 2012, 169, 293
Marxist beliefs not protected in employment law; 'philosophical belief' does not encompass political beliefs (case) - 2011, 166, 83
meaning of 'philosophical belief': five criteria from ECHR jurisprudence & Grainger; problems of application to employment law - 2015, 175, 180
minimum standard of cogency for philosophical beliefs required - 'New World Order' beliefs not covered (case) - 2012, 169, 265
'public service was improperly wasteful of money', is this a philosophical belief?; case sent back to Employment Tribunal (case) - 2016, 177, 216
Stoicism when practised sincerely is protected as philosophical belief under Equality Act 2010, but discrimination claim here failed (case) - 2020, 185, 192
Strasbourg Court on discrimination due to belief; must be a worldview rather than mere opinion but political beliefs should be protected - 2015, 175, 180
vegetarianism worthy of respect but not a philosophical belief under Equality Act 2010 (case) - 2019, 183, 240
wearing a poppy to work not important enough philosophical belief for coverage by Equality Act (case) - 2012, 169, 278

Published by:

The Edmund Plowden Trust