scholarly journals Legal Philosophy in Transition―A Return of Natural Law Theory(?)

2017 ◽  
Vol 20 (1) ◽  
pp. 7-34
Author(s):  
박은정
Keyword(s):  
Natural Law ◽  
Legal Philosophy ◽  
Natural Law Theory

Natural Law and Public Reason in Kant's Political Philosophy

1996 ◽  
Vol 26 (3) ◽  
pp. 389-411 ◽  
Author(s):  
Daniel M. Weinstock
Keyword(s):  
Political Philosophy ◽  
Social Contract ◽  
Natural Law ◽  
Public Reason ◽  
The State ◽  
Legal Philosophy ◽  
The Social ◽  
Human Good ◽  
Natural Law Theory

My intention in this essay will be to explore the role that consent-based arguments perform in Kant's political and legal philosophy. I want to uncover the extent to which Kant considered that the legitimacy of the State and of its laws depends upon the outcome of intersubjective deliberation. Commentators have divided over the following question: Is Kant best viewed as a member of the social contract tradition, according to which the legitimacy of the state and of the laws it promulgates derives from the consent of those people over whom it claims authority, or should he be read as having put forward a secularized version of natural law theory, according to which the state and its laws are legitimate to the extent that they are attained by standards of sound reason and supported by an objective account of the human good?

Hegel’s Philosophy of Law

2017 ◽  
Author(s):  
Thom Brooks
Keyword(s):  
Significant Influence ◽  
Natural Law ◽  
Common Law ◽  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Novel Theory ◽  
Natural Law Theory ◽  
The Common ◽  
Law And Morality ◽  
Legal Theorist

Hegel was neither a lawyer nor primarily a legal theorist, but his writings make a significant influence to the understanding of legal philosophy. Nevertheless, there is disagreement about where Hegel’s importance lies. This chapter argues that Hegel’s philosophy of law is best understood as a natural law theory. But what is interesting about Hegel’s view is that it represents a distinctive alternative to how most natural law theories are traditionally conceived. Hegel’s philosophy is remarkable for providing an entirely new way of thinking about the relation between law and morality than had been considered before. It is the distinctiveness of his legal philosophy that has rendered so difficult a categorization into standard jurisprudential schools of thought. There is little that is standard in Hegel’s innovative understanding of law. This has importance for other areas of his thinking, such as his novel theory of punishment and understanding of the common law.

scholarly journals Anti-metaphysical foundation of contemporary theory of natural law: Theory of law and practical rationality in works of John Mitchel Finnis

2017 ◽  
Vol 60 (1) ◽  
pp. 5-27
Author(s):  
Dejan Stankovic
Keyword(s):  
Natural Law ◽  
Practical Rationality ◽  
Theoretical Concept ◽  
Legal Positivism ◽  
Legal Philosophy ◽  
Moral Philosopher ◽  
Natural Law Theory ◽  
Socially Relevant ◽  
Theory Of Law ◽  
John Mitchel

The contemporary natural law theory was grounded in the philosophical and the jurisprudential work of Australian legal and moral philosopher John Mitchell Finnis. He reaffirmed the natural law and also corrected some of false notions about it which were dominant through the history of legal philosophy. Finnis moral and legal philosophy could be understood by the specific theoretical figure - moral argument for law. This theoretical concept implies unity of two mutually connected moments which are necessary for a philosophical treatment of any socially relevant phenomena: methodological and epistemological as well as practical. The meeting point of these two philosophically relevant dimensions is theory of practical rationality exposed in the philosophy of John Mitchell Finnis. By grounding his concept of natural law on the theory of practical rationality, John Finnis historically contextualize it. He made some sort of specific anti metaphysical concept of natural law theory that is alternative to the classical natural law as well as to the legal positivism, which mainly exposed in the legal theories of Hans Kelsen and H.L.A Hart.

scholarly journals Natural Justice, Law, and Virtue in Hobbes’s Leviathan

2019 ◽  
Vol 32 (2) ◽  
pp. 179-208
Author(s):  
J. Matthew Hoye
Keyword(s):  
Virtue Ethics ◽  
Natural Law ◽  
Legal Philosophy ◽  
Natural Laws ◽  
Natural Justice ◽  
General Significance ◽  
Natural Person ◽  
Natural Law Theory ◽  
Theory Of Law

Scholars debate whether Hobbes held to a command theory of law or to a natural law theory, and to what extent they are compatible. Curiously, however, Hobbes summarizes his own teachings by claiming that it is “natural justice” that sovereigns should study, an idea that recalls ancient virtue ethics and which is seemingly incompatible with both command and natural law theory. The purpose of this article is to explicate the general significance of natural justice in Leviathan. It is argued that below the formal and ideological claims regarding the law’s legitimacy, the effective ground of the legitimacy of both the civil and natural laws is sovereign virtue. In turn, it is argued that the model for this idea was found in Aristotle. As such, this article constitutes a general recasting of Hobbes’s legal philosophy with a focus on the natural person of the sovereign.

Lucky Philip Dube: The Artiste in Search of a New Jurisprudence and Subaltern Redemption

2021 ◽  
Vol 9 (1) ◽  
pp. 79-100
Author(s):  
Eric Nsuh Zuhmboshi
Keyword(s):  
Social Justice ◽  
South African ◽  
Legal System ◽  
Natural Law ◽  
Legal Philosophy ◽  
Black South African ◽  
Natural Law Theory ◽  
Postcolonial Discourse

Abstract Most musicians, in their songs, portray their philosophical vision of life as could be seen in the case of Lucky Philip Dube, the black South African reggae musician. His songs show that he adheres to the principle of ethical humanism and portrays him as a crusader of social justice. Thus, this essay shows the link between musical art and law by examining the commitment of Dube’s lyrical composition in fighting for a just legal system in his society. This essay therefore, analyses some of his lyrical productions in order to expound on the philosophical ideas underneath the songs and how they tie with the search of an alternative jurisprudence and humanism in postcolonial discourse and the liberation of the subaltern. From the perspective of natural law theory, this essay postulates that Dube’s songs criticise the injustice of the legal philosophy in his society and quest for an impartial jurisprudence – that of equality and justice in his society.

scholarly journals PHILOSOPHY OF IMMUNIL KANT'S LAW ON REGULARITY HISTORICAL AND LEGAL PROCESS

2019 ◽  
Keyword(s):  
Civil Society ◽  
Natural Law ◽  
Legal History ◽  
Philosophy Of History ◽  
Legal Philosophy ◽  
Legal Process ◽  
Legal Form ◽  
History Of ◽  
History Of Law ◽  
Natural Law Theory

Immanuel Kant’s philosophical system is one of the most difficult and improved in history of philosophy. The thinker placed a special attention to problems of legal philosophy and philosophy of history, first of all, philosophy of history of law and state. Kant considered the process of legal history on natural law theory positions. He raised the question of the necessity of the searching of the regularities in the developing of law and state and the applying of events of history of law and state. The thinker determined the providing of human freedom and social freedom as the direction of historic and legal process. The establishment of legal civil society is a legal form of the achieving this.

On the Artifactual—and Natural— Character of Legal Institutions

2018 ◽  
Author(s):  
Corrado Roversi
Keyword(s):  
Natural Law ◽  
Common Ground ◽  
Legal Positivism ◽  
Legal Institutions ◽  
Human Beings ◽  
Legal Realism ◽  
Natural Law Theory ◽  
The Law ◽  
Theory Of Law

Are legal institutions artifacts? If artifacts are conceived as entities whose existence depends on human beings, then yes, legal institutions are, of course, artifacts. But an artifact theory of law makes a stronger claim, namely, that there is actually an explanatory gain to be had by investigating legal institutions as artifacts, or through the features of ordinary artifacts. This is the proposition explored in this chapter: that while this understanding of legal institutions makes it possible to find common ground between legal positivism and legal realism, it does not capture all of the insights offered by these two traditions. An artifact theory of law can therefore be necessary in explaining the law, but it will not suffice to that end. This chapter also posits that legal artifacts bear a relevant connection to certain conceptions of nature, thus vindicating one of the original insights behind natural law theory.

scholarly journals God, New Natural Law Theory, and Human Rights

Religions ◽  
2021 ◽  
Vol 12 (8) ◽  
pp. 613
Author(s):  
Christopher Tollefsen
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Two Dimensions ◽  
Natural Rights ◽  
Creative Activity ◽  
Adequate Account ◽  
Full Theory ◽  
Natural Law Theory ◽  
Epistemological Dimension

Critics of the “New” Natural Law (NNL) theory have raised questions about the role of the divine in that theory. This paper considers that role in regard to its account of human rights: can the NNL account of human rights be sustained without a more or less explicit advertence to “the question of God’s existence or nature or will”? It might seem that Finnis’s “elaborate sketch” includes a full theory of human rights even prior to the introduction of his reflections on the divine in the concluding chapter of Natural Law and Natural Rights. But in this essay, I argue that an adequate account of human rights cannot, in fact, be sustained without some role for God’s creative activity in two dimensions, the ontological and the motivational. These dimensions must be distinguished from the epistemological dimension of human rights, that is, the question of whether epistemological access to truths about human rights is possible without reference to God’s existence, nature, or will. The NNL view is that such access is possible. However, I will argue, the epistemological cannot be entirely cabined off from the relevant ontological and motivational issues and the NNL framework can accommodate this fact without difficulty.

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