Natural Law Theory

Bix, Brian H.

doi:10.1002/9781444320114.ch13

Cited by 11 publications

(6 citation statements)

References 11 publications

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“…The legal culture of an individual means not only knowledge and understanding of the law but also legal judgments about it as a social value and, most importantlybusy work on its implementation in the field of strengthening the rule of law and the rule of law. In other words, the legal culture of an individual is a positive legal consciousness in action (Adams & Steadman, 2004;Bix, 2010;Carlsmith, 2008).…”

Section: Research Results and Discussionmentioning

confidence: 99%

Philosophical and Legal Foundations of the Formation of the Legal Consciousness of an Indi-vidual in the Conditions of Training a Lawyer

KOVAL¹,

Романова²,

Alazzam³

et al. 2022

wisdom

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The study’s primary goal is to determine the philosophical and legal foundations of the formation of the legal consciousness of an individual in the conditions of training a lawyer. Modern society is changing, transforming into a European-style society, and rethinking the laws of life is necessary for every person. Awareness of the changes in society, the role, place and significance of legal norms determine the changes in a person’s consciousness, and therefore the issue of legal consciousness of a person arises especially acutely. The study of the phenomenon of human legal consciousness has significant scientific and practical value since it will solve several issues related to the development of the state, the further formation of European society and the participation of citizens in law-making will contribute to solving problems related to legal education and provision. As a result of the study, the main aspects of the philosophical and legal foundations of the formation of the legal consciousness of an individual in the conditions of training a lawyer were identified.

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Section: Research Results and Discussionmentioning

confidence: 99%

Philosophical and Legal Foundations of the Formation of the Legal Consciousness of an Indi-vidual in the Conditions of Training a Lawyer

KOVAL¹,

Романова²,

Alazzam³

et al. 2022

wisdom

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“…OC. Macaulay, the natural law, can be seen in prescriptive and descriptive terms (Bix, 2010). In a rigid sense, natural law is An order or command intended by nature to regulate human behavior.…”

Section: Understanding Natural Lawmentioning

confidence: 99%

Theory of Natural Law and Legal Positivism: A Comparative Review of Islamic Law and Conventional Law

Ahmadi

Uke²

2023

IJTK

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This article analyzes the law's pattern and debate between the theory of natural law, positivism, Islamic law, and customary law associated with the construction of its source and hierarchy. Second, the comparative perspective between Islamic Law and Conventional Law uses The Theory of Natural Law and the Positivism Theory of Law as fundamental analysis. The study used a comparative approach to know the synthetic elements of the four regular patterns. The results of this study show that, first, the Theory of Law of nature has a substantial relevance with Islamic law in aspects of its highest source, legal relationship with morals, and recognition to ratio. Legal positivism develops regulations with empirical approaches and scientific methods. Still, this idea ignores the metaphysical aspects, moral aspects, and aspects of justice in law. Customary law is a modern legal theory that substantially has a logical connection with the idea of legal positivism. Second, the Theory of Legal Positivism adheres to analytical principles by prioritizing the law. Positivism separates the law from morals and justice. The law of nature as a classical theory requires the transformation of the law in the current era. Islamic law is a modern theory that confirms the legal character of the theory of natural law.

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“…The relationship between morality and law is one of the most widely discussed questions in legal philosophy. According to natural‐law theorists, laws must comply with certain moral standards to be valid (e.g., Bix, 2010). For legal positivists, on the other hand, the validity of a law depends on social facts, rather than the law's moral character (e.g., Coleman & Leiter, 2010; Green & Adams, 2019).…”

Section: General Concepts Of Legal Philosophymentioning

confidence: 99%

The experimental philosophy of law: New ways, old questions, and how not to get lost

Prochownik

2021

Philosophy Compass

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The experimental philosophy of law is a recent movement that aims to inform traditional debates in jurisprudence by conducting empirical research. This paper introduces and provides a systematic overview of the main lines of research in this field. It also covers the most important debates in the literature regarding the implications of these findings for the philosophy and theory of law. It argues that three challenges arise when addressing (old) legal‐philosophical questions in (new) experimental ways by drawing normative implications from empirical data: such implications are value‐driven, depend on explanations of empirical findings and vary across legal systems.

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Natural Law Theory

Cited by 11 publications

References 11 publications

Philosophical and Legal Foundations of the Formation of the Legal Consciousness of an Indi-vidual in the Conditions of Training a Lawyer

Philosophical and Legal Foundations of the Formation of the Legal Consciousness of an Indi-vidual in the Conditions of Training a Lawyer

Theory of Natural Law and Legal Positivism: A Comparative Review of Islamic Law and Conventional Law

The experimental philosophy of law: New ways, old questions, and how not to get lost

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