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This affirmation sets natural law theory apart from legal positivism.
Montesquieu's argument did not deny that there were the sort of universal truths one found in natural law theory, but he asserted that the application of these universal principles might need to be different where the physical or social circumstances are different.
My main problem with van Dun's argument is the suggestion that Hayek needed Hume for a natural law theory. Hayek was raised at least nominally a Catholic in a Catholic country.
of natural law theory, but also subtly pushes back against legal
for it to distinguish positivism from natural law theory.
The problem of Finnis's emphasis on the experiential apprehension of the basic human goods is that he does not go far enough, and so the new natural law theory remains vulnerable on several points.
A natural law theory is, in essence, a critical and reflective account of the constitutive aspects of the well-being and fulfillment of human persons and their communities, and of the requirements that human well-being place on human actions.
then, is devoted to exploring how political liberalism and natural law theory intersect and interact.
spar with the advocates of the "New Natural Law Theory" (Finnis, Grisez, etc.) about whether it is possible to know something definitively about nature or to deduce objective norms from that knowledge, given human finitude and the fact that all understandings of nature are mediated.
(13) Given virtue jurisprudence's premise of human flourishing as the end of human society, Huigens concedes that virtue theory would be most obviously at home in natural law theory in which legal validity is tied in some way to moral validity and the common good.
The first part of Grabill's book focuses on the highly influential twentieth-century vertical theology of Karl Barth and its role in severely attenuating the impact of natural law theory on Reformed and orthodox Protestant intellectualist circles.