Rethinking Natural Law, 1st Edition by Paulo Ferreira da Cunha (auth.)

By Paulo Ferreira da Cunha (auth.)

For centuries, traditional legislations used to be the most philosophical criminal paradigm. Now, it's a ask yourself while a courtroom of legislations invokes it. Arthur Kaufmann already underlined a contemporary normal "horror iuris naturalis". We additionally comprehend, with Winfried Hassemer, that the succession of criminal paradigms is an issue of favor. yet why did typical legislation turn into superseded? Are there any remnants of it nonetheless alive this day? This publication analyses a few prejudices and myths that experience created a normal false impression of traditional legislation. As Jean-Marc Trigeaud placed it: there's a normal legislations that positivists invented. no longer the true one(s). It seeks to appreciate not just the standard adversaries of usual legislations (like legalists, positivists and historicists) but in addition its extra enemies, the interior enemies of common legislation, comparable to inner aporias, political and ideological manipulations, and so on. The publication places ahead a reasoned and balanced exam of this treasure of western political and juridical notwithstanding. And, if we glance at it in a different way, typical legislation is under no circumstances a loser in our instances: since it lives in smooth human rights.

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Sample text

Market is a fantasy of capitalist ideologues that decided to call themselves economists, trying to persuade us all that they are just applying an exact science. Nature has existed since before human society and it has to be treated with all care, even because we have not ceased to belong to it. Therefore, and not only because of that, it would be imperative for those who have the public power and who control the markets to intervene so that they will keep markets in order. ). Both won the so-called Nobel Prize of Economics, ex aequo, in 1974.

We may keep Villey’s methodological intuition for Natural Law as a simple programme without a precise meaning, like the inspiring first line of a poem that is presented to the creativity of anyone. In any case, everything would change in our current conception and practice of law if we conceive Natural Law as if it could be the specific methodology of Law, the dialectical one. The problem is: how is Natural Law different from the specific methodology of that law, and how does it take part in its nature?

We have had the voluntarism present in revolutions and in the idea of the changing of society by means of the law. And we have also had the Enlightenment despotism in the political level. All those aspects seem important for a conception of Natural Law. However, on the methodological ground, even at the level of argumentation, of the great conceptions of law and namely in what concerns Natural Law itself may we say that important changes took place in the seventeenth and/or in the eighteenth century by comparing those “modern times” to the classical ages, the Ancient Latin-Greek and the Medieval Renaissance of Thomas Aquinas?

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