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Rethinking Natural Law

  • Book
  • © 2013

Overview

Authors:
  1. Paulo Ferreira da Cunha

    1. , Faculty of Law, University of Porto, Porto, Portugal

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  • General vision about natural law myths and realities
  • New ideas about the methodological and practical dimension of natural law nowadays
  • Connections of natural law with other epistemological objects and new juridical ideas (vital law, neoconstitutionalism, etc.) and new authors
  • Includes supplementary material: sn.pub/extras

Part of the book series: SpringerBriefs in Law (BRIEFSLAW)

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Table of contents (8 chapters)

  1. Front Matter

    Pages i-xvi
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  2. Foundations

    1. Front Matter

      Pages 1-1
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  3. FOUNDATIONS

    1. Goethe’s Swan

      • Paulo Ferreira da Cunha
      Pages 3-7

    2. The Contributions of the Paradigm “Natural Law”

      • Paulo Ferreira da Cunha
      Pages 9-12

    3. Sterility of Natural Law Theoricism

      • Paulo Ferreira da Cunha
      Pages 13-20

    4. From the Side of Positivism

      • Paulo Ferreira da Cunha
      Pages 21-22

  4. New Visions Old Questions

    1. Front Matter

      Pages 23-23
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  5. NEW VISIONS OLD QUESTIONS

    1. Contemporary Natural Law Dialogues

      • Paulo Ferreira da Cunha
      Pages 25-37

    2. What Natural Law Is, What It Is Not

      • Paulo Ferreira da Cunha
      Pages 39-43

    3. Legacies and Achievements of Iusnaturalism

      • Paulo Ferreira da Cunha
      Pages 45-54

    4. Avatars of Natural Law. Natural Law in Different Colours

      • Paulo Ferreira da Cunha
      Pages 55-60

  6. Back Matter

    Pages 61-70
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Keywords

About this book

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 But why did natural law become outdated?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.

Authors and Affiliations

  • , Faculty of Law, University of Porto, Porto, Portugal

    Paulo Ferreira da Cunha

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