EAN: 9783642326585

SPRINGERBRIEFS IN LAW RETHINKING NATURAL LAW ...

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 But why did natural law become outdated?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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