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Rethinking Natural Law

  • Paulo Ferreira da Cunha

Part of the SpringerBriefs in Law book series (BRIEFSLAW)

Table of contents

  1. Front Matter
    Pages i-xvi
  2. Foundations

    1. Front Matter
      Pages 1-1
    2. Paulo Ferreira da Cunha
      Pages 3-7
    3. Paulo Ferreira da Cunha
      Pages 9-12
    4. Paulo Ferreira da Cunha
      Pages 13-20
    5. Paulo Ferreira da Cunha
      Pages 21-22
  3. New Visions Old Questions

    1. Front Matter
      Pages 23-23
    2. Paulo Ferreira da Cunha
      Pages 25-37
    3. Paulo Ferreira da Cunha
      Pages 39-43
    4. Paulo Ferreira da Cunha
      Pages 45-54
    5. Paulo Ferreira da Cunha
      Pages 55-60
  4. Back Matter
    Pages 61-70

About this book

Introduction

For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real one(s). It seeks to understand not only the usual adversaries of natural law (like legalists, positivists and historicists) but also its further enemies, the inner enemies of natural law, such as internal aporias, political and ideological manipulations, etc. The book puts forward a reasoned and balanced examination of this treasure of western political and juridical though. And, if we look at it another way, natural law is by no means a loser in our times: because it lives in modern human rights.

Keywords

Human Nature Human Rignts Jurisprudence Natural Law Philosophy of Law

Authors and affiliations

  • Paulo Ferreira da Cunha
    • 1
  1. 1., Faculty of LawUniversity of PortoPortoPortugal

Bibliographic information