prawo-i-obyczaj: Natural law

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Natural law (Latin: ius naturale, lex naturalis) is a philosophical and legal theory that posits the existence of inherent laws derived from nature and universal moral principles that are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be universally understood, independent of enacted laws or social norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism—holds that there are objective legal standards based on morality that underlie the creation, interpretation, and application of human-made laws. This contrasts with positive law (as in legal positivism), which em…

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Jurisprudence, also known as legal theory or legal science, is the philosophy of law. As a field of knowledge, it applies philosophical methods to legal questions, such as what the law is or how it ought to be. Evidence of jurisprudential thought can be found in the writings of ancient philosophers, including Confucius (c. 551 – c. 479 BCE), Aristotle (384–322 BCE), and St Augustine (354–430 CE), who wrote broadly on moral and political philosophy. Among the oldest conceptions of law are natural law theories, instrumental theories of law, and law as reflective of social norms and custom. Contemporary mainstream academic jurisprudence traces its origin to the early 17th century and the Age o…

Evidence: 39 • authority: 72

Jonathan George Crowe (born 1979) is an Australian legal philosopher. He is Research Professor of Law and Justice at the University of Southern Queensland. Crowe is recognised internationally for his work on the natural law tradition in legal, moral and political philosophy. He is known in Australia for his advocacy on behalf of survivors of sexual violence.

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Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was an American legal philosopher best known as a proponent of a secular and procedural form of natural law theory. Fuller was a professor of law at Harvard Law School for many years, and is noted in American law for his contributions to both jurisprudence and the law of contracts. His 1958 debate with the British legal philosopher H. L. A. Hart in the Harvard Law Review (the Hart–Fuller debate) was important in framing the modern conflict between legal positivism and natural law theory. In his widely discussed 1964 book The Morality of Law, Fuller argues that all systems of law contain an "internal morality" that imposes on individuals a pr…

Evidence: 39 • authority: 88

Truth, Natural Law, and Ethical Theory. Abstract Human beings, being less than perfect in knowledge and virtue, construct imperfect moral codes. The beliefs their codes embody, though imposed by the powerful or accepted by the majority, are all too often untrue. We therefore honour women and men who, in the name of moral truth, have risked their lives in disobedience. Unfortunately, much of what they say in their own defence is hard to believe.

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Evidence: 35 • authority: 72

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Aquinas’s Theory of Natural Law: A Reconstruction

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God, Aquinas, and natural law theory: the question of natural kinds

Evidence: 34 • authority: 72

New Natural Law (NNL) theory or New Classical Natural Law theory is an approach to natural law ethics and jurisprudence based on a reinterpretation of the writings of Thomas Aquinas. The approach began in the 1960s with the work of Germain Grisez and has since been developed by John Finnis, Robert P. George, Joseph Boyle, Olaf Tollefsen, Christopher Tollefsen and others. NNL theory typically relies on a concept of 'basic goods'.