Positive and Natural Law Theories

H. L. Heart is an influential British philosopher who revolutionized legal philosophy and methodology into law. Under the influence of Britain's famous thinker Jeremy Bentham (Utilitarian method) and John Austin, he builds a new foundation for legal positivist schools, especially analysis of legal concepts and separation of law and morality It was. I thought. One of his most important works is the "legal concept" published in 1961, which aims to analyze the relationship between law, morality and compulsion.

In the 20th century, natural law was born again in legal research. The most important thing is that a higher set of principles must exist (unlike a positive law), and if the law is considered valid, unless the natural law theory is satisfied It will not. This resurrection is the result of a series of historical events, the Nazism (whose actions are based on Nazi law), the result of nuclear weapons development and other weapons of mass destruction, the decline of global social and economic stability.

There are two kinds of natural law theory: natural law theory of validity and natural law theory of morality. The legality theory of natural law believes that the contents of the law have the necessary moral constraints. Moral theory of natural law focuses on the nature, reasons, and principles of morality. Many people agreeing on natural law ethics also agree with the law of natural law, but these two theories are logically independent. Those who accept legal theory may not accept moral theory, and natural law ethic theorists consistently believe that the law is traditional, unlike morality.

According to law of nature, theory, certain laws are the foundation and foundation of human nature and can be found for human reasons regardless of specific laws and legal judgments. Natural law is artificial, subject to history, opposed to constantly changing real law. The concept of natural law is derived from the Greeks and received the most important expression by stoicism. Stoic Sc ​​hool believes that basic moral principles that underlie all the legal systems of various countries can be reduced to natural law directives. This view became particularly important in Roman legal theory, eventually regulating the behavior of all people and accepting common laws that exist with specific norms of specific places and times (see natural rights ). In modern times, natural law theory was the main basis for the development of international law theory by Hugo Grotius.