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Rethinking Natural Law: SpringerBriefs in Law

Autor Paulo Ferreira da Cunha
en Limba Engleză Paperback – 14 dec 2012
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 But why did natural law become outdated?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.
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Specificații

ISBN-13: 9783642326585
ISBN-10: 3642326587
Pagini: 88
Ilustrații: XVI, 70 p.
Dimensiuni: 155 x 235 x 5 mm
Greutate: 0.14 kg
Ediția:2013
Editura: Springer Berlin, Heidelberg
Colecția Springer
Seria SpringerBriefs in Law

Locul publicării:Berlin, Heidelberg, Germany

Public țintă

Research

Cuprins

Introduction. Part I  Foundations: Goethe's Swan.- The contributions of the paradigm "Natural Law".- Sterility of Natural Law theoricism.- From the side of positivism.- Part II New Visions Old Questions: Contemporary Natural Law dialogues.- What Natural Law is, what it is not.- Legacies and achievements of Iusnaturalism.- Avatars of Natural Law. Natural Law in different colours.- Conclusion.

Textul de pe ultima copertă

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 But why did natural law become outdated?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.

Caracteristici

General vision about natural law myths and realities New ideas about the methodological and practical dimension of natural law nowadays Connections of natural law with other epistemological objects and new juridical ideas (vital law, neoconstitutionalism, etc.) and new authors Includes supplementary material: sn.pub/extras