scholarly journals The trail of law in Descartes nature philosophy

1996 ◽  
Vol 68 (9) ◽  
pp. 484-489
Author(s):  
Stanko Pihler
Keyword(s):  
Natural Law ◽  
Philosophy Of Law ◽  
Philosophy Of Nature

Descarte's philosophy of nature is in fact a philosophy of man and so indirectly a philosophy of law. From Descartes search for the "natural law" and universal knowledge also originate the juristic principles of equal validity, freedom, responsibility, rational natural law, intelectual law, methodologies, systematics and gradually in the thought of law.

scholarly journals RUDOLF VON JHERING E A GENELOGIA DA ÉTICA: O DEVIR HISTÓRICO COMO DETERMINANTE DA PROCEDÊNCIA DO SENTIMENTO JURÍDICO * RUDOLF VON JHERING AND THE GENELOGIA ETHICS: THE BECOMING HISTORY AS DETERMINING THE ORIGIN OF THE LEGAL SENSE

2015 ◽  
Vol 4 (3) ◽  
pp. 101
Author(s):  
Henrique Garbellini Carnio
Keyword(s):  
Natural Law ◽  
Historical Development ◽  
Philosophy Of Law ◽  
Natural Laws ◽  
Em 12 ◽  
The Absolute ◽  
The Law ◽  
Legal Sense ◽  
The Way

<p><strong>Resumo:</strong> O presente artigo tem como base a conferência dada por Rudolf von Jhering em 12 de março de 1884 para a Sociedade Jurídica de Viena, intitulada "Sobre o nascimento do sentimento jurídico". O objetivo é demonstrar algumas reflexões surpreendentes e pouco conhecidas deste importante jurista, enfatizando, em especial, a importância que ele atribui ao devir histórico na formação do sentimento jurídico, apostando que o sentido do direito é modelado pela história e não proveniente das leis naturais eternas. Jhering, propondo uma tarefa genealógica, defende de forma contundente um historicismo ético e jurídico que o distancia de um relativismo absoluto como o das clássicas posições jusnaturalistas, completamente ahistóricas, que se revela extremamente interessante para as reflexões atuais sobre a filosofia do direito.</p><p><strong>Palavras-chave:</strong> Rudolf von Jhering; sentimento jurídico; historicismo ético-político.</p><p><strong>Abstract:</strong> This article is based on a lecture given by Rudolf von Jhering on March 12, 1884 for the Law Society of Vienna, entitled "About the birth of the legal feeling." The objective is to demonstrate some surprising and little-known reflections of this important jurist, emphasizing, in particular, the importance he attaches to the historical development in the formation of the legal feeling, betting that the sense of law is shaped by history and not from the eternal natural laws. Jhering proposing a genealogical task, forcefully defends an ethical and legal historicism that distances him of the absolute relativism as the way of classic natural law positions, completely ahistorical, that reveals itself highly interesting for the current reflections on the philosophy of law.</p><p><strong>Keywords:</strong> Rudolf von Jhering; legal feeling; ethical and political historicism.</p>

scholarly journals THE CONVERGENCE OF TECHNOLOGIES, HUMAN REPRODUCTION AND NATURAL LAW: THE PHILOSOPHY OF TRANSHUMANISM

2017 ◽  
Vol 2017 (2) ◽  
pp. 100-105 ◽  
Author(s):  
О. Рыбаков ◽  
O. Rybakov ◽  
С. Тихонова ◽  
S. Tikhonova
Keyword(s):  
Natural Law ◽  
Technological Development ◽  
Natural Rights ◽  
Human Reproduction ◽  
Philosophy Of Law ◽  
Biomedical Technology ◽  
Natural Right ◽  
Starting Point ◽  
Convergence Of Technologies

<p>The article deals with analysis of transhumanist prospects for the philosophy of law. Modern transhumanists consider morphological freedom as a concept, revealing the natural right to happiness. The authors take this idea as a starting point and consider the logic of the convergent biotechnology development. They believe that the extension of natural law has the character of a dialectical strategy of assumptions and tactics of the local bans in the sphere of human reproduction. This situation is typical of biomedical technology in general. The legislator authorizes a technology by endorsing forms of reproductive relationships and blocking technologies that support immoral forms. As a result, it gradually enhances understanding of how technology must be applied to ensure the human natural rights. Convergence of technologies makes real a hypothetical design of rights to reproduction, while the conflict of morality and the imperatives of technological development can be resolved from the standpoint of the primacy of natural law.</p>

Leon Petrażycki jako twórca nowej teorii prawa naturalnego

2018 ◽  
Vol 74 ◽  
pp. 185-188
Author(s):  
Maria Szyszkowska
Keyword(s):  
21St Century ◽  
Natural Law ◽  
Legal Positivism ◽  
Legal Regulations ◽  
Philosophy Of Law ◽  
Scientific Disciplines ◽  
Variable Content ◽  
Human Psyche ◽  
The Way

Petrażycki’s philosophy of law remains significant in the 21st century and adheres to the concept of democracy as a system characterized by ideological pluralism. Leon Petrażycki is often mistakenly included in legal positivism. Alike Rudolf Stammler, he is the creator of the theory of natural law of with variable content. The essential necessity of ideals in the life of individuals and society demonstrated by Petrażycki is very important because the ideals perfect the human psyche. Petrażycki’s view indicating the importance of consciousness is significant beyond other scientific disciplines. All legal regulations depend on its level of development, and determine the way of management.

Legal philosophy of Rudolf Stammler

2017 ◽  
Author(s):  
Николай Шавеко ◽  
Nikolai Shaveko
Keyword(s):  
Social Sciences ◽  
Natural Law ◽  
Subsequent Development ◽  
Russian Philosophy ◽  
Philosophy Of Law ◽  
Legal Doctrine ◽  
The Social ◽  
Definition Of ◽  
Law And Science ◽  
Outstanding Representative

The monograph is devoted to the identification of the main provisions and features of the philosophy of law R. Stammler, definition of communication proposed by R. Stammler legal doctrine with the preceding and contemporary legal doctrines and its significance for the subsequent development of the theory and philosophy of law. R. Stammler – founder and outstanding representative neokantianism philosophy of law and science flow "revived" natural law, speaking with their own conception of the methodology of the social Sciences and played a key role in the development of natural law doctrine, introducing into science the concept of "proper law" (natural law with changing content) and suggesting the formula of the legal ideal "society of freely wanting people". In addition, Mr. stammler one of the first made deeply researched academic critique of Marxism and anarchism. His teaching on the law, jurisprudence and legal ideal of R. stammler had a significant impact on the development of Russian philosophy of law.

scholarly journals Wojna z terroryzmem a filozofia prawa. Uwagi na marginesie wydarzeń po 11 września 2001 r.

2018 ◽  
Vol 2 (2) ◽  
pp. 244-255
Author(s):  
Karol Dobrzeniecki
Keyword(s):  
Special Reference ◽  
Natural Law ◽  
Common Good ◽  
Public Safety ◽  
Philosophy Of Law ◽  
Legal Science

The article examines to what extend existing philosophy of law and especially natural law doctrine may be applied in the discourse on legitimization of a state fighting terrorism. Since the 9-11 attacks issues of extraordinary threats to public safety occur regularly in scientific discussions among ethics, sociologists, political scientists, security experts. This topic has also became visible in legal science, even in its most unworldly discipline which is philosophy of law. The article is intended to present general tendencies in legal discussions after 9-11 with special reference to aristotelic-tomistic tradition of understanding the notions of common good, the aim of a state and of law.

scholarly journals Rendering to Caesar and God: St Paul, the Natural Law Tradition, and the Authority of Law

2014 ◽  
Vol 13 (3) ◽  
pp. 469-492 ◽  
Author(s):  
Alex Deagon
Keyword(s):  
Natural Law ◽  
Contemporary Philosophy ◽  
Philosophy Of Law ◽  
Apostle Paul ◽  
Alternative Analysis ◽  
Precise Nature ◽  
Literature And Philosophy ◽  
The Law

The question of the authority of law has occupied and vexed the literature and philosophy of law for centuries. Law is something that characteristically implies obedience, but the precise nature of law’s authority remains contentious. The return to the writings of the Apostle Paul in contemporary philosophy, theology and jurisprudence begs attention in relation to the authority of law, and so this article will consider his analysis and critique of law with a focus on his Epistle to the Romans. It argues that Paul’s conception of the authority of law is explained on the basis that the law is from God, it externally sanctions obedience by virtue of the civil authorities, and it convicts internally in conscience. This triad is justified by the law of love (‘‘love your neighbor as yourself’’), and will be explained in relation to the natural law tradition as well as converse ideas in positivism. Hence, considering the reasoning of Paul in relation to traditional jurisprudential themes and the law of love provides a useful alternative analysis and basis for further investigation regarding the authority of law and the need for its obedience.

The function of moral norms in the legal system: The Krausists’s restoration of the fundamental concepts of law

Human Affairs ◽  
2011 ◽  
Vol 21 (1) ◽  
Author(s):  
Delia Manzanero ◽  
José Vázquez Romero
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Natural Law ◽  
Balance Of Power ◽  
Civil Servants ◽  
Moral Action ◽  
Contemporary Society ◽  
Moral Norms ◽  
Philosophy Of Law ◽  
Theory Of Law

AbstractThere are multiple and diverse voices of jurists who have expressed their fear of the unrestricted power of law enforcement and have announced the crisis of the formalist sense of Law. The widespread reaction against the abstract and formalist character of the positivist theory of law manifested itself as the Krausist philosophy of law and was backed by the philosophy of Krause, Schelling, Hegel and the most recent Natural Law theories that seek to establish substantial criteria for moral action. This distrust was caused by the heteronomy of modest and obedient civil servants of the judicial order that rely on political balance of power in which nothing depends on the human bottom of institutions. Let us consider briefly the impressive analyses performed by different thinkers on this issue, which they considered characteristic of their era, but that continues to constitute a difficulty that challenges contemporary society.

scholarly journals FILOZOFIA PRAWA W ŻYCIU I NAUCZANIU ULPIANA

2017 ◽  
Vol 8 (1) ◽  
pp. 81
Author(s):  
Piotr Sadowski
Keyword(s):  
Life History ◽  
Natural Law ◽  
Ethical Dimension ◽  
Philosophy Of Law ◽  
Philosophical Idea ◽  
Human Equality ◽  
The Law

The Philosophy of Law in Ulpian’s Life and TeachingSummaryThe purpose of this article, is to show, taking into account Ulpian’s life and teaching, that the Roman jurisprudence was interwoven with some elements of philosophy. The first part of the article illustrates the influence of Ulpian’s life history on his philosophical and legislative views, whereas the second part presents the latter.His knowledge of law, the posts which he occupied, and numerous works prove that Ulpian was preoccupied with studying „law through its first causes”. He asked about the essence of the law, about what the natural law is, and what justice is. He described the juridical reality using the language of law and philosophy. His concept of lawfulness can be perceived as integral, combining material and formal legality He did not depart from the ethical dimension of law although he respected the rigours of the formalised norms. Referring to aequitas did not disturb him in paying attention to certitudo legalis. In his concept of lawfulness one can see a reference to Cyceron’s ideas and in his concept of natural law one can observe a reference to the Stoics. In the field of the penal lawfulness one can perceive Ulpian as a precursor of the ability to perceive the human equality in the sphere of natural law, the concept elaborated as late as several centuries afterwards. Perceiving the equality of people, approximates him to the Christian’s philosophical idea.

scholarly journals “A Comunidade Internacional e o Direito”/"The International Community and the Right"

2016 ◽  
Vol 5 (1) ◽  
pp. 246-262
Author(s):  
Norberto Bobbio
Keyword(s):  
International Law ◽  
Natural Law ◽  
Critical Review ◽  
International Community ◽  
Philosophy Of Law ◽  
Positive Law ◽  
The Right ◽  
Peace And War

Resumo: O texto consiste numa ampla resenha crítica escrita pelo filósofo italiano Norberto Bobbio sobre o livro La comunità internazionale e il diritto [A comunidade internacional e o direito] (1950) de Mario Giuliano, na qual são discutidas essencialmente questões clássicas da filosofia do direito internacional, como a contraposição entre jusnaturalismo e juspositivismo, a natureza do direito internacional, a contraposição entre internacionalismo e cosmopolitismo, a reforma do direito internacional, a reforma da comunidade internacional, os temas da paz e da guerra, a cientificidade do direito internacional, a contraposição entre direito internacional e direito estatual e o tema do pacifismo. Palavras-chave: Mario Giuliano, direito internacional, comunidade internacional, internacionalismo, pacifismo. Abstract: This paper is a comprehensive critical review written by the Italian philosopher Norberto Bobbio on the book La comunità internazionale e il diritto [The international community and the right] (1950) by Mario Giuliano, which are discussed essentially classical questions of philosophy of law international, as the opposition between natural law and positive law, the nature of international law, the opposition between internationalism and cosmopolitanism, the reform of international law, the reform of the international community, the issues of peace and war, the scientificity of international law, opposition between international law and estatual rights and the issue of pacifism.Keywords: Mario Giuliano, international law, international community, internationalism, pacifism 

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