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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 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 Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws).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 ...
Iusnaturalism is associated with the notion of natural law proposed by Thomas Hobbes, John Locke, Baruch Spinoza, and Samuel von Pufendorf. [5] It emerged from the view that emphasizes how the ideas of nature and divinity or reason are the sources of the validity of natural and positive laws. [5] It is also linked to the general theory of law ...
Philosophy of human rights. The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification. Several theoretical approaches have been advanced to explain how and why the concept of human rights developed. One of the oldest Western philosophies on human ...
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
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 ...
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 ...
A Theory of Justice is a 1971 work of political philosophy and ethics by the philosopher John Rawls (1921–2002) in which the author attempts to provide a moral theory alternative to utilitarianism and that addresses the problem of distributive justice (the socially just distribution of goods in a society). The theory uses an updated form of ...