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Ratio Juris, 2010
The argument of this chapter is that the dual-nature thesis is not only capable of solving the problem of legal positivism but also addresses all fundamental questions of law. Examples are the relation between deliberative democracy and democracy qua decision-making procedure along the lines of the majority principle, the connection between human ...
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The argument of this chapter is that the dual-nature thesis is not only capable of solving the problem of legal positivism but also addresses all fundamental questions of law. Examples are the relation between deliberative democracy and democracy qua decision-making procedure along the lines of the majority principle, the connection between human ...
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What the Old Law Reveals About the Natural Law According to Thomas Aquinas
, 2017Randall B. Smith
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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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What is Natural Law?: Human Purposes and Natural Ends
, 2017R. Sokołowski
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Natural Law Systematics: Is There a ‘Grundnorm’ in Natural Law?
2017In his major work “Die reine Rechtslehre” (1934) Hans Kelsen intended to establish a legal science (Rechtswissenschaft) devoid of value judgements. The construction of a “basic norm” (Grundnorm) formed the basis for a purely scientific systematization of legal norms.
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