Search Results

Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition. This edited collection commences with a comprehensive introduction which establishes the character of Kelsen’s critical engagement as a general critique of natural law combined with a more specific critique of representative thinkers of the Natural Law Tradition. The subsequent chapters are then devoted to a detailed analysis of Kelsen’s engagement with prominent theorists from the Natural Law Tradition. The volume concludes with an exploration, focusing upon the delineation of a non-positivist legal theory in the debate between Robert Alexy and Joseph Raz, of the continued presence of Kelsenian legal positivism in contemporary legal theory.
Natural law changed its character in the post-Reformation period, mainly because it became an academic discipline. This institutionalisation happened first in Protestant countries but increasingly also in Catholic areas. In the hands of philosophers and jurists rather than theologians the subject served a wide variety of purposes in domestic, colonial, imperial and international politics, in judicial administration, legislation and reform, in social analysis and in the inculcation of social ethics. Although concerned with the foundations of morality, law and politics, early modern natural law was far from a coherent philosophical theory, but rather the framework for fundamental disputes. What kind of natural law was adopted in a given place and period was often a matter of local controversy in state, church and university. At the same time, natural law was characterised by extensive transnational networks.
Author: Simon Lavis

theoretical understanding of the Nazi legal system. This pure instrumentalisation of law at the service of a repressive regime is particularly prevalent in natural law interpretations of wicked legal regimes, and especially Nazi law. According to this view, it is a case of the Nazi leadership in the early

In: Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)
Author: David VanDrunen

To wade into the study of natural law is to risk being engulfed by a flood of scholarship and controversy, for it is an idea of perennial interest whose relevance never seems to go away. 1 Twentieth-century Reformed theology did not, on the whole, look kindly on the idea of natural law. The

In: Journal of Reformed Theology
John Finnis's proposal to rehabilitate Aquinas's natural law theory as an appropriate foundation of legal and moral theory rests on the assumption that Aquinas's theory can be restored by eliminating the mistaken interpretations of subsequent natural law theorists. This book challenges that assumption.
After a brief analysis of Aquinas, the theories of Suárez, Grotius, and Pufendorf are investigated. It is argued that their theories are no 'mistakes', but attempts at solving problems inherent in natural law theory. As these attempts all fail, tensions remain, and ultimately lead to the demise of the theory. Finally it is argued that Finnis, running into the same problems, cannot hope to restore Aquinas's theoretical edifice.
Author: Tony Honoré

Tijdschrift voor Rechtsgeschiedenis 78 (2010) 199-208 Revue d’Histoire du Droit 78 (2010) 199-208 The Legal History Review 78 (2010) 199-208 © Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157181910X487378 Ulpian, Natural law and Stoic influence Tony Honoré * Summary Ulpian’s statement in the