Precedence of natural law
Modern jusnaturalism claims that natural law consists of three sets of principles. First and most fundamentally, a set of principles directing human choice and action toward intelligible purposes, i.e. basic human goods such as life, knowledge, friendship and health. Second, a set of intermediate mo...
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| Format: | Article |
| Language: | English |
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Union University, Faculty of Law, Belgrade
2016-01-01
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| Series: | Pravni Zapisi |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2016/2217-28151602213Z.pdf |
| Summary: | Modern jusnaturalism claims that natural law consists of three sets of principles. First and most fundamentally, a set of principles directing human choice and action toward intelligible purposes, i.e. basic human goods such as life, knowledge, friendship and health. Second, a set of intermediate moral principles directing choice and actions toward integral human fulfillment. Finally, third set of fully specific (moral) norms requires or forbids certain possible choices like forbidding killing an innocent person. Because the creating of law has a moral purpose, positive law norms have to be grounded in natural law. This old conception has own genesis from Aristotle and Thomas Aquinas to nowadays. Today, in modern natural law theory, this conception has purpose to establish criteria for deriving general norms of positive law from natural law principles. |
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| ISSN: | 2217-2815 2406-1387 |