Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain features and even speculated that law may be a human universal. In the ...present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice.
The discussion that evolve the Jusnaturalism and the Juspositivism is inspirated the reflections of jurists and philosophers. Although it is possible to affirm that many of the historical ...controversies associated with the confrontation between Positive Lawand Natural Law have already been overcome, there are many aspects that deserve an academic dedication. Notwithstanding divergent opinions, which advocate the theoretical weakening of the subject, the passing of centuries demonstrates just the opposite, since it has not succeeded in eliminating the esteem of the thinkers for the theme developed. In this way, this article discusses Juspositivism under the view of Hebert Hart and Ronald Dworkin.
What makes ethical accounts natural law ethical is, I argue, commonly misrepresented in teaching within much of the philosophical academy. Yet those immersed in the field of natural law and ethics ...rarely give definitions/brief characterisations of what makes ethical accounts natural law ethical. I suggest theoretical reasons for the lack. I argue that bringing natural law into ethics is best understood as leading to theoretically unitary accounts, not simply collections of positions detachable from each other: an overlooked and significant point when defending natural law ethical accounts. My arguments throughout rely on the metaethical/normative ethical distinction, which is relatively little used in the natural law literature. I argue that the distinction helps clarify what is distinctive of natural law ethical accounts in general, especially to the secular contemporary philosophical academy, where appreciation of natural law ethical accounts is commonly appreciably lower than in philosophical contexts with a religious ethos.
Resumo: O presente artigo apresenta uma breve contribuição ao estudo das fontes históricas da filosofia prática de Kant, discutindo o projeto kantiano de uma metafísica dos costumes enquanto uma ...doutrina dos deveres. à luz do direito natural alemão dos séculos 17 e 18. Em um primeiro momento. é exposta a distinção de Christian Thomasius entre obrigação interna e obrigação externa. como base para a diferenciação entre deveres jurídicos e deveres éticos. Na sequência. a oposição kantiana entre uma doutrina do direito e uma doutrina da virtude é discutida. sob o pano de fundo da recepção de Thomasius, por parte de Alexander Baumgarten e Gottfried Achenwall.
Abstract: This paper presents a brief contribution to the study of the historical sources of Kant’s practical philosophy, discussing the Kantian project of a metaphysics of morals as a doctrine of duties in the context of German natural law of the 17th and 18th centuries. At first, Christian Thomasius’ distinction between internal and external obligation is exposed as the basis for the differentiation between legal duties and ethical duties. Then the Kantian opposition between a doctrine of right and a doctrine of virtue is discussed against the background of Alexander Baumgarten’s and Gottfried Achenwall’s reception of Thomasius.
This volume presents ten studies on Kant's "Naturrecht Feyerabend", which emphasize the special significance of this transcription, especially for the development of his critical moral philosophy. ...Dieser Band enthält zehn Studien zu Kants ,,Naturrecht Feyerabend", die die besondere Bedeutung dieser Nachschrift vor allem für die Entwicklung seiner kritischen Moralphilosophie herausstellen.
Historically, natural law has played a pivotal role in Christian approaches to the law, and a contested role in legal philosophy generally. However, comparative study of natural law across global ...Christian traditions is largely neglected. This book provides not only the history of natural law ideas across mainstream Christian traditions worldwide, but also an ecumenical comparison of the contemporary natural law positions of different traditions. Its focus is not solely theoretical: it tests the practical utility of natural law by exploring its use in the legal systems of the churches studied. Alongside analysis of the assumptions underlying the concept, it also proposes a jurisprudence of Christian law itself. With chapters written by distinguished lawyers and theologians across the world, this book is designed for those studying and teaching law or theology, those who practice and study ecumenism, and those involved in the practice of church law.
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