Patriarchal Religion, Sexuality, and Gender - Bamforth, Nicholas; Richards, David A. J.
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This book examines the patriarchal nature of fundamental Christianity and offers a critique of the new natural lawyers' school of thought.
This book is an evaluation and critique of a school of thought that has defended a form of natural law theory, alleged to be based in Thomas Aquinas, that has prominently defended the conservative moral views of the papacy on matters of both sexuality and gender as, allegedly, a secular view consistent with liberal constitutionalism. New natural law is not a secular view consistent with liberal constitutionalism or a form of argument consistent with the…mehr

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Produktbeschreibung
This book examines the patriarchal nature of fundamental Christianity and offers a critique of the new natural lawyers' school of thought.

This book is an evaluation and critique of a school of thought that has defended a form of natural law theory, alleged to be based in Thomas Aquinas, that has prominently defended the conservative moral views of the papacy on matters of both sexuality and gender as, allegedly, a secular view consistent with liberal constitutionalism. New natural law is not a secular view consistent with liberal constitutionalism or a form of argument consistent with the philosophical aims of historical Thomism, but rather polemically defends sectarian arguments that many thoughtful Catholics now properly reject. Finally, the book criticizes the fundamentalist style of the new natural lawyers as rooted in their embattled defense of the highly patriarchal structure of religious authority. The book contains an original analysis of the history and culture that gave rise to such patriarchal authority (including a celibate male clergy), and questions the appeal of such authority in contemporary circumstances (discussing the priest abuse scandal in the Catholic church). The book concludes by discussing alternative forms of Christianity that are not fatally flawed in the way new natural law is.

Table of contents:
Acknowledgments page xi
1 New Natural Law in Context 1
1. The Argument Summarized 4
2. Some Broader Issues 9
3. Conclusion 15
2 Criteria for Evaluating New Natural Law 17
1. Some Methodological Points 18
2. Law and Neutrality; Public Reason 24
(i) Law and Neutrality 25
(ii) Public Reason 31
3. The Evaluative Criteria on Which We Shall Rely 45
(i) Internal Consistency 46
(ii) Substantive Appeal 52
4. Conclusion 54
3 The Architecture and Reach of New Natural Law 56
1. New Natural Law: An Outline of the Theory 58
(i) History and Development of New Natural Law 58
(ii) Natural Law and Natural Rights 62
(iii) Beyond the New Morality 65
(iv) The Way of The Lord Jesus 67
(v) Grisez, Boyle, and Finnis’s 1987 Restatement 72
(vi) Evaluation 74
2. New Natural Law and Debate within the Roman Catholic Church 76
3. Theory and Advocacy 83
4. New Natural Law as Contemporary Thomism? 88
5. Conclusion 92
4 Internal Consistency (1): Is New Natural Law Secular? 93
1. New Natural Law and the Good of Heterosexual Marriage 94
(i) New Natural Law and the Legal Regulation of Sexual Relations 94
(ii) Grisez’s Treatment of Sexuality 102
(iii) Logical Foundations of the New Natural Lawyers’ Arguments 111
(iv) Evaluation 115
2. Contraception and Abortion 116
(i) Contraception 116
(ii) Abortion 121
(iii) Evaluation 124
3. Broader Questions about New Natural Law 125
(i) The Role of Religion 126
(ii) The Basic Goods 130
(iii) Moral Absolutes 139
(iv) Evaluation 145
4. A Partial Explanation? Religious and Secular Motivation and Esoteric and Exoteric Styles of Argument 146
5. Conclusion 149
5 Internal Consistency (2): New Natural Law and Thomas Aquinas 151
1. Thomas Aquinas in Context 152
2. New Natural Law and Thomism 166
3. Contemporary Thomist Alternatives to New Natural Law 174
4. Prescriptivism, Boyle, and Grisez 182
5. Conclusion 188
6 Substantive Appeal (1): What’s Wrong with Homophobia and Sexism? 190
1. Respect for Privacy 191
2. Equality 200
3. Autonomy and Combating Moral Slavery 211
4. Conclusion 227
7 Substantive Appeal (2): New Natural Law, Sexism, and Homophobia 228
1. Two General Problems 229
(i) ‘One-Flesh Union’ 229
(ii) Definitions 231
2. New Natural Law and Sexism 232
(i) The Patriarchal Structure of the Family 232
(ii) Contraception 236
(iii) Abortion 239
3. New Natural Law, Sexual Autonomy, and Homophobia 245
(i) Sexual Autonomy, Emotion, and Love 245
(ii) The Homophobia of New Natural Law 261
(a) Hostile Language 262
(b) Slippery Slope Arguments 266
(c) The Failure of Central Case Analysis 271
(iii) Evaluation 276
4. Conclusion 276
8 Moral Absolutes and the Possible Fundamentalism of New Natural Law 279
1. Fundamentalisms 280
2. New Natural Law on Nuclear Deterrence 285
3. Fundamentalist – or Sometimes Fundamentalist? 292
4. Conclusion: The Dangers of Fundamentalism 300
9 New Natural Law and Patriarchal Religion 304
1. The Selective Development of Catholic Moral Doctrine 305
2. The Roots of Catholic Doctrine Concerning Sexual Morality 308
3. The Costs of Standing Still: Celibacy, the Priest Abuse Scandal, and Catholic Homophobia 320
4. Conclusion 332
10 Concluding Observasions, and Christian Alternatives to New Natural Law 334
1. Concluding Observasions 334
2. Alternatives 342
(i) The Historical Jesus 344
(ii) Ethical Religion and Constitutional Rights 354
(a) Radical Abolitionism 355
(b) Martin Luther King 358
(c) Religion and the Values of Constitutional Democracy 367
3. Conclusion 369
Bibliography 371
Books, Articles, and Related Materials 371
Cases 390
Index 393
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Autorenporträt
David A. J. Richards is Edwin D. Webb Professor of Law at New York University School of Law. He received his AB from Harvard College in 1966, his D. Phil. in moral philosophy from Oxford University in 1971, and his JD from Harvard Law School in 1971. His Oxford Doctoral dissertation was published by Oxford University Press in 1971 as A Theory of Reasons for Action, and he has published an additional 12 books, including Sex, Drugs, Death, and the Law: An Essay on Human Rights and Overcriminalization (Rowan and Littlefield, 1982) which was named the best book in criminal justice ethics by the John Jay College of Criminal Ethics in 1982. Choice Magazine named his book Foundations of American Constitutionalism (Oxford) one of the best academic books of the year in 1989. He has served as vice-president of the American Society for Political and Legal Philosophy and was the Shikes lecturer in civil liberties at the Harvard Law School in 1998.