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Natural Law and the Nature of Law: Kelsen’s Paradox
2017Is it possible to articulate a genuine pure theory of law without it ceasing to be a positivist theory of law? The project of a pure theory of law can be held to presuppose a “nature of law” whose criteria lead to transcendence with respect to positive law, even though it is not its purpose.
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On the Nature of the Nature of Law
SSRN Electronic Journal, 2011What is it for something to have a nature? And what is it for law to have a nature? Analysis of the concept of law has often been taken to be a search for the essential features of law, but it is not clear that the nature of a phenomenon or artifact is better explained by its essential features than by its common ones.
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The nature of the laws of nature
Systems Research and Behavioral Science, 2000We human beings live in the explanations of our existence as living beings. These explanations of our existence include what we call the ‘laws of nature’. Though we name them laws, we cannot claim that they have an existence independent of us. We human beings do not exist in nature, nature arises with us, and we ourselves arise with it. In this dynamic
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The foundations of natural law
British Journal for the History of Philosophy, 1999Etude du probleme du fondement historique ou rationnel, theologique ou ethique, du droit naturel par les theoriciens du XVII e siecle: Grotius, Hobbes, Pufendorf, Domat, Leibniz. Soulevant la question de la relation entre la dimension theologique (fondement en Dieu) et la dimension ethique (le statut de l'individu comme sujet de droit) du droit ...
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Natural Law, and the Law and Voice of Nature
2018This chapter reconstructs the key features of natural law theory as it was extant to the late eighteenth-century French context using theorists as Grotius, Pufendorf, Hobbes, Rousseau, Diderot, and Boucher d’Argis. It shows that by the middle of the century, the tradition had incorporated within it moral sense theories which had earlier been criticisms
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2012
AbstractAquinas's account of law as an ordering of reason for the common good of a community depends on the mereology that covered his theory of parthood relations, including the relations of parts to parts and parts to wholes. Aquinas argued that ‘all who are included in a community stand in relation to that community as parts to a whole’, and ‘every ...
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AbstractAquinas's account of law as an ordering of reason for the common good of a community depends on the mereology that covered his theory of parthood relations, including the relations of parts to parts and parts to wholes. Aquinas argued that ‘all who are included in a community stand in relation to that community as parts to a whole’, and ‘every ...
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Analysis, 1992
[Introduction] Peter Urbach [4] has put forward a subjectivist account of laws of nature. He takes as his point of departure the following two observations: (1) one of the primary tasks of an account of the laws of nature is to explain the intuitive difference between law-like and merely accidental regularities; and (2) one of the most noteworthy ...
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[Introduction] Peter Urbach [4] has put forward a subjectivist account of laws of nature. He takes as his point of departure the following two observations: (1) one of the primary tasks of an account of the laws of nature is to explain the intuitive difference between law-like and merely accidental regularities; and (2) one of the most noteworthy ...
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2005
The problem of distinguishing between laws and accidental generalisations is discussed.Taking for granted that some laws are derivable from others, the basic problem is to say what a fundamental law, i.e., a law that is not derived from other laws, is. It is argued that there are different categories of fundamental laws.
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The problem of distinguishing between laws and accidental generalisations is discussed.Taking for granted that some laws are derivable from others, the basic problem is to say what a fundamental law, i.e., a law that is not derived from other laws, is. It is argued that there are different categories of fundamental laws.
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2015
...These conflicting programs and their rival natural law discourses had been driven by the great religious and political conflicts of the seventeenth century, whose carry-over into the eighteenth century makes it into something of a "long seventeenth century." It is thus necessary to begin by discussing the works and contexts of some of the ...
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...These conflicting programs and their rival natural law discourses had been driven by the great religious and political conflicts of the seventeenth century, whose carry-over into the eighteenth century makes it into something of a "long seventeenth century." It is thus necessary to begin by discussing the works and contexts of some of the ...
openaire +4 more sources