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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 ]
Aristotelianism (/ ˌærɪstəˈtiːliənɪzəm / ARR-i-stə-TEE-lee-ə-niz-əm) is a philosophical tradition inspired by the work of Aristotle, usually characterized by deductive logic and an analytic inductive method in the study of natural philosophy and metaphysics. It covers the treatment of the social sciences under a system of natural law.
Christian ethics, also referred to as moral theology, was a branch of theology for most of its history. [3]: 15 Becoming a separate field of study, it was separated from theology during the eighteenth- and nineteenth-century Enlightenment and, according to Christian ethicist Waldo Beach, for most 21st-century scholars it has become a "discipline of reflection and analysis that lies between ...
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 ...
ISBN. 0199599149. Natural Law and Natural Rights (1980; second edition 2011) is a book by John Finnis first published by Oxford University Press, as part of the Clarendon Law Series. Finnis develops a philosophy of Law in the tradition of Aristotle and Thomas Aquinas – Natural Law. His presentation and defence of Natural Law can be explored ...
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 Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws).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 ...
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science; that is, it should rely on empirical evidence. Hypotheses must be tested against observations of the world. [citation needed] Legal realists believe that legal science should only investigate law with the value-free ...
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 ).