ISBN:
9783642326592
,
1283935163
,
9781283935166
Language:
English
Pages:
Online-Ressource (XVI, 70 p, digital)
Series Statement:
SpringerBriefs in Law
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. Cunha, Paulo Ferreira da, 1959 - Rethinking natural law
Keywords:
Philosophy of law
;
Law
;
Law
;
Philosophy of law
;
Naturrecht
;
Rechtsethik
;
Naturrecht
;
Rechtsethik
Abstract:
For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general 'horror iuris naturalis'. We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented
Abstract:
For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real one(s). It seeks to understand not only the usual adversaries of natural law (like legalists, positivists and historicists) but also its further enemies, the inner enemies of natural law, such as internal aporias, political and ideological manipulations, etc. The book puts forward a reasoned and balanced examination of this treasure of western political and juridical though. And, if we look at it another way, natural law is by no means a loser in our times: because it lives in modern human rights.
Description / Table of Contents:
Rethinking Natural Law; Preface; Contents; 1 Goethe's Swan; 1.1 The Paradigms; 1.2 The Eternal Return of Natural Law; 1.3 What is the Nature of Natural Law?; 2 The Contributions of the Paradigm "Natural Law"; 2.1 Natural Law is a Legal Pluralist Ontology; 2.2 Natural Law and Legal Principles; 2.3 Natural Law, a Juridical Vigilant of Power; 2.4 Natural Law, a Bridge Between Law and Morality; 3 Sterility of Natural Law Theoricism; 3.1 The Leipzig Book Fairs; 3.2 Deconstructing Myths About Natural Law; 3.2.1 Natural Law is Not the Perfect Law
Description / Table of Contents:
3.2.2 Natural Law Needs Positive Law (and Vice Versa)3.2.3 Natural Law May Change; 3.2.4 Natural Law is Neither a Decalogue Nor a List of Legal Titles; 4 From the Side of Positivism; 4.1 Legalistic Positivism; 4.2 Sociological Positivism and Historicism; 5 Contemporary Natural Law Dialogues; 5.1 A Plural Natural Law, in Dialogue; 5.2 Dialogues with Literature, Economic Theory and Theories of Justice; 5.2.1 Natural Law and Literature; 5.2.2 Natural Law and Economy; 5.2.3 Natural Law and New Theories of Justice; 5.3 Dialogues with the Past: the Issue of "Classic" or "Modern" Natural Law
Description / Table of Contents:
5.4 The Dialogue Between Natural Law and Human Rights5.5 For a Non-political and Unitary Theory of Natural Law; 6 What Natural Law Is, What It Is Not; 6.1 Natural Law Is Esoteric; 6.2 Natural Law Is a Method; 6.3 Natural Law Is Not a Code; 6.4 Natural Law Is Not Even Written; 6.5 Natural Law Is Dialectical; 7 Legacies and Achievements of Iusnaturalism; 7.1 Lights and Shadows of the Political Legacy of Iusnaturalism; 7.2 The Legacy of Natural Law Principles and the Hierarchy of Legal Sources; 7.3 Iusnaturalism, a "Constant and Perpetual" Quest and Fight for Justice. Pedagogy of Justice
Description / Table of Contents:
7.4 Iusnaturalism, a Monument of Intellectual Pluralism7.5 Iusnaturalism, Philosophical Father of Human Rights; 7.6 Natural Law as Theories of Justice. The Apory of 'Suum' and Social Justice; 7.7 Justice, Constans et Perpetua Voluntas; 8 Avatars of Natural Law. Natural Law in Different Colours; 8.1 Beyond the Classic Opposition NaturalPositive; 8.2 The Law or the Judge?; 8.3 The Dogma or the Topic?; 8.4 All the Theories; 8.5 New Theories. The example of Neo-constitutionalism; 8.6 New inputs. The example of "Vital Law"; 8.7 A Critical Neo-Iusnaturalism; Curriculum Vitae; References
Note:
Description based upon print version of record
DOI:
10.1007/978-3-642-32659-2
URL:
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