TITLE

LEX NATURALIS AND THE MODERN POLITICAL STATE: RECONCILING THE HISTORICAL EVOLUTION OF JURISTIC PHILOSOPHY WITH CONTEMPORARY STATUTORY LEGITIMACY

AUTHOR(S)
Crook, Jason A.
PUB. DATE
December 2009
SOURCE
Slovenian Law Review;Dec2009, Vol. 6 Issue 1/2, p11
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Although the debate between the positivist and the naturalist schools over which philosophical approach offers the best explanation of juristic legitimacy may appear to the casual observer to be little more than an exercise in semantics, the consequences of this discussion can have a significant impact on society and the world at large. Beginning with the first conceptions of law in classical antiquity, this article analyzes its philosophical evolution through the Greco-Roman era, the Justinian codification, the Renaissance and Enlightenment periods, and finally, its impact on the modern political state. Through it all, the view is advanced that it is the naturalist school which offers the superior explanation for why a particular law is legitimate.
ACCESSION #
52702226

 

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