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Natural law. Natural law[1] (Latin: ius naturale, lex naturalis) is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law (the express enacted laws of a state or society). [2]
Natural law theories base human rights on a "natural" moral, religious or even biological order that is independent of transitory human laws or traditions. Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right (δίκαιον φυσικόν dikaion physikon; Latin ius naturale).
Natural law is the law of natural rights. Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, [2] and was referred to by Roman ...
The case examines how the rescued survivors, who kill and eat one person in order to survive, should be treated by the law. " The Case of the Speluncean Explorers " is an article by legal philosopher Lon L. Fuller first published in the Harvard Law Review in 1949. Largely taking the form of a fictional judgment, it presents a legal philosophy ...
Legal evolution is a branch of legal theory which proposes that law and legal systems change and develop according to regular, natural laws. [1][2] It is closely related to social evolution and was developed in the 18th century, peaking in popularity in the 19th century before entering a prolonged hiatus. [3]
Ordered liberty is a concept in political philosophy, where individual freedom is balanced with the necessity for maintaining social order. The phrase "ordered liberty" originates from an opinion by Justice Benjamin Cardozo in Palko v. Connecticut, 302 U.S. 319 (1937), wherein the Supreme Court held that the Due Process Clause protected only ...
Treatise on Law is Thomas Aquinas ' major work of legal philosophy. It forms questions 90–108 of the Prima Secundæ ("First [Part] of the Second [Part]") of the Summa Theologiæ, [1] Aquinas' masterwork of Scholastic philosophical theology. Along with Aristotelianism, it forms the basis not only for the legal theory of Catholic canon law, [2 ...
e. Rights of nature or Earth rights is a legal and jurisprudential theory that describes inherent rights as associated with ecosystems and species, similar to the concept of fundamental human rights. The rights of nature concept challenges twentieth-century laws as generally grounded in a flawed frame of nature as "resource" to be owned, used ...