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The Resurrection of Natural Law Theory [PDF]

open access: yesRechtstheorie, 2011
The job of legal scholars is to describe the structure and coherence of norms Many philosophers of law presume it is impossible to derive norms from facts. All that nature can offer is informatie, not prescription, it is said. However, such a rigourous divide will cause jurisprudence to cut itself off form new discoveries in empiric sciences.
H. Gommer
openaire   +3 more sources

Kelsen on Natural Law Theory

open access: yesRevus, 2014
In a series of essays published from the late 1920s up to the mid-1960s, Hans Kelsen carried out a radical critique of natural law theory. The present paper purports to provide an analytical reconstruction and critical assessment of such a critique. It contains two parts.
Pierluigi Chiassoni
semanticscholar   +5 more sources

Natural Law Theory, “New” and Old

open access: yesThe American Journal of Jurisprudence, 2023
In the second edition of Natural Law and Natural Rights John Finnis observes that, whilst he expected criticism of his theory from positivists, he did not expect it from traditional natural law theorists who felt that the theory was insufficiently ...
S. Coyle
semanticscholar   +1 more source

Aksjologia prawa Stanisława Czepity

open access: yesActa Iuris Stetinensis, 2022
The aim of the paper was to present fundamental assumptions of axiology of law by Stanisław Czepita and broadly formulate his scientific attitude. As to the second issue, his approach can be described as analytical.
Marek Smolak
doaj   +1 more source

Natural Law with and without God [PDF]

open access: yesAustralian Journal of Law & Religion
There is a common perception of natural law theory as characteristically (if not necessarily) theistic. This is sometimes presented as a drawback by secular critics of natural law thinking.
Jonathan Crowe
doaj   +1 more source

Critical Study of Western Natural Law Theories in the Second Stage of Its Revival in Postmodern Period [PDF]

open access: yesحقوق بشر, 2023
Natural law is the main reason of natural human rights. According to its most famous conception, natural law is the commands of practical reason about free human behaviours to arrive at eternal happiness.
Mohammad Hossein Talebi
doaj   +1 more source

Moral judgments and validity of law [PDF]

open access: yesОмский научный вестник: Серия "Общество. История. Современность", 2019
The paper is devoted to the analysis of A. V. Nekhaev’s arguments, which substantiate the primary moral basis of legal regulations. On the basis of modern discussions in the legal philosophy, the groundlessness of arbitrary transfer of moral judgments
A. B. Didikin
doaj   +1 more source

Pitirim Sorokin’s sociology and German jurisprudence

open access: yesRUDN journal of Sociology, 2022
The article considers the connection between the social-legal theory of P.A. Sorokin and the main directions of the German jurisprudence in the 17th - early 20th century: natural-legal school, historical school, jurisprudence of interests and the theory ...
A. A. Kraevsky
doaj   +1 more source

NATURAL LAW THEORY IN ITALY

open access: yesPrudentia Iuris, 2020
Abstract: Natural Law Theories are influenced by particular cultural trends and philosophical traditions. The Italian trend is characterized, on the one hand, by the existence of a normative ethics grounded on human reason and inspired by the Christian faith according to Aquinas’ doctrine, and, on the other hand, by a philosophy of history concerning ...
openaire   +2 more sources

An Anarcho-Individualistic Remark on Natural Law: Lysander Spooner and His Theory of Law

open access: yesİstanbul Hukuk Mecmuası, 2023
Lysander Spooner (1808-1887) is an important but oft-neglected figure of 19th-century American political philosophy. He was a lawyer, entrepreneur, and political essayist. Ideologically, he was an individualist anarchist, abolitionist, and an exponent of
Muzaffer Dülger
doaj   +1 more source

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